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AMENDED
March 1, 2001
S. 394
S. Printed 3/01/01--S.
Read the first time February 28, 2001.
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.
Amend Title To Conform
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) For purposes of this section:
(1) 'family member' means an individual who is a member of a guardian ad litem's immediate family including, but not limited to, a spouse or child residing in the guardian ad litem's household;
(2) 'relationship' includes, but is not limited to, blood, marriage, fraternal, social, religious, familial, business, professional, financial, or other relationship but not including mandatory membership in a professional licensing organization.
(B) A guardian ad litem appointed by the family court in a custody case must, within fifteen days after receipt of notice of the appointment, provide to each party in the case, on a form approved by Court Administration, written disclosure of the nature, duration, and extent of any and all relationships set forth in subsection (A) and known to the guardian between:
(1) the guardian ad litem and the parties and the parties' attorneys; and
(2) the guardian ad litem's family members and the parties and the parties' attorneys,
(C) A guardian ad litem's appointment is not effective until the written disclosure required by this section is provided to the parties and the parties' attorneys. Upon failure of the guardian ad litem to provide written disclosure of all relationships pursuant to this section, either party may 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.
(D) A guardian ad litem who has a relationship with either party or counsel must not accept appointment as guardian without the written consent of both parties.
(E) Nothing in this section limits the contempt powers of the family court."
SECTION 2. This act takes effect upon approval by the Governor and applies to guardians ad litem in custody cases appointed after the effective date of this act.
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