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Bill 351

                    Current Status

Bill Number:                      351
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010220
Primary Sponsor:                  McConnell
All Sponsors:                     McConnell, Holland and Martin
Drafted Document Number:          l:\s-jud\bills\mcconnell\jud0032.gfm.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Guardian ad Litem Program, court-
                                  appointed guardians ad litem provided in child 
                                  custody disputes; Minors, Courts, Family


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010220  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-135, SO AS TO PROVIDE THAT COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY CASES MUST MAKE CERTAIN DISCLOSURES UPON THEIR APPOINTMENT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-135. (A) A guardian ad litem appointed by the family court in a custody case must, upon notice of the appointment but prior to the signing by the parties of the consent order for appointment, provide written disclosure to each party of the nature, duration, and extent of any relationship of the guardian ad litem, or a member of the guardian's immediate family residing in the guardian's household, with the parties and with the parties' attorneys.

(B) Failure to provide the written disclosure required by this section is grounds for either party to petition the court for the removal of the guardian ad litem and for the appointment of a substitute guardian ad litem. The court must remove the guardian ad litem and appoint a substitute guardian ad litem who must also comply with the provisions of this section.

(C) A guardian ad litem who has a relationship with either party or counsel to either party independent of a purely professional relationship must not accept appointment without the consent of both parties."

SECTION 2. This bill takes effect upon approval by the Governor and applies to guardians ad litem in custody cases appointed after the effective date of this Act.

This web page was last updated on Tuesday, December 8, 2009 at 11:11 A.M.