South Carolina General Assembly
114th Session, 2001-2002

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Bill 394

Indicates Matter Stricken
Indicates New Matter

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AMENDED

May 29, 2001

    S. 394

Introduced by Judiciary Committee

S. Printed 5/29/01--H.

Read the first time March 7, 2001.

            

A 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.

    Amend Title To Conform

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

SECTION    1.    (A)    There is created the South Carolina Guardian Ad Litem Study Committee composed of:

        (1)    two family court judges to be appointed by the Chief Justice of the South Carolina Supreme Court;

        (2)    two members of the House of Representatives to be appointed by the Speaker of the House of Representatives, who shall serve ex officio;

        (3)    two Senators to be appointed by the President Pro Tempore of the Senate, who shall serve ex officio;

        (4)    the Director of the Children's Law Office, or his designee;

        (5)    two private family court practitioners to be appointed by the Governor upon the recommendation of the Family Law Section of the South Carolina Bar Association;

        (6)    one professor from the University of South Carolina, School of Law to be appointed by the Governor upon the recommendation of the Dean of the Law School;

        (7)    An attorney with the Department of Social Services familiar with guardians ad litem in family court to be appointed by the Director of the Department of Social Services;

        (8)    the Director of the South Carolina Guardian Ad Litem Program;

        (9)    a representative of a volunteer guardian ad litem program to be appointed by the Governor;

        (10)    two interested citizens to be appointed by the Governor.

    (B)    The study committee shall review the procedures and practices of guardians Ad litem appointed by the family court for custody and visitation cases including, but not limited to, qualifications of guardians ad litem, attorney versus nonattorney guardians ad litem, methods of selecting guardians ad litem for appointment, training programs, supervision and oversight for guardians ad litem, remuneration, and quality of service rendered. The committee also shall review any legislation related to guardians ad litem that is pending in the 2001 legislative session of the General Assembly.

    (C)    The members of the committee may not receive compensation but are entitled to receive mileage, per diem, and subsistence, from approved accounts of the House of Representatives and the Senate, as provided by law for members of state boards, committees, and commissions.

    (D)    The committee shall submit a report containing its findings and recommendations to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives before January 1, 2002. Upon submission of the report the committee is abolished.

    (E)    The committee must be staffed by personnel as provided and assigned by the President Pro Tempore of the Senate, by the Speaker of the House of Representatives, and by the Governor.

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