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HOUSE AMENDMENTS AMENDED
June 6, 2001
S. 394
S. Printed 6/6/01--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 a guardian ad litem's spouse, child, father, mother, sister, or brother;
(2) 'relationship' means blood, marriage, social, familial, business, or financial relationship but does not include mandatory membership in a professional licensing organization.
(B) Whether by consent order or otherwise, 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. 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. Written consent is not effective unless the guardian has complied with the other provisions of this section.
(E) Notwithstanding the provisions of subsection (D), in cases where either party demonstrates to the court that written consent is being unreasonably withheld, the court may order the appointment of a guardian in cases where the guardian or the guardian's family member has a relationship with either party or counsel.
(F) Nothing in this section limits the contempt powers of the family court."
SECTION 2. (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;
(3) two Senators to be appointed by the President Pro Tempore of the Senate;
(4) two private family court practitioners, one to be appointed by the Speaker of the House of Representatives and one to be appointed by the President Pro Tempore of the Senate;
(5) 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;
(6) 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;
(7) the Director of the South Carolina Guardian Ad Litem Program;
(8) a representative of a volunteer guardian ad litem program to be appointed by the Governor; and
(9) two interested citizens, one to be appointed by the Speaker of the House of Representatives and one to be appointed by the President Pro Tempore of the Senate.
(B) The study committee must 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 must 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 shall 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 must submit a report containing its findings and recommendations to 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 and by the Speaker of the House of Representatives.
SECTION 3. Chapter 4, Title 20 of the 1976 Code is amended by adding:
"Section 20-4-160. (A) There is established the Domestic Violence Fund, a fund separate and distinct from the general fund, in the State Treasury. The fund must be administered by the Department of Social Services and revenues of the fund must be used solely to award grants to domestic violence centers and programs in the State.
(B) In order for a domestic violence center or program to be eligible to receive funds, it must be a nonprofit corporation and must:
(1) have been in operation on the preceding July 1, and continue to be in operation; and
(2) offer the following services:
(a) a twenty-four hour hotline;
(b) transportation services;
(c) community education programs;
(d) daytime services, including counseling; and
(e) other criteria as may be established by the department.
(C) The Domestic Violence Fund must receive its revenue from that portion of marriage license fees provided for in Section 20-1-375 and donations, contributions, bequests, or other gifts made to the fund. Contributions to the fund must not be used to supplant existing funds appropriated to the department for domestic violence programs and grants. Monies in the fund may be carried forward from one fiscal year to the next, and interest earned on monies in the fund must be retained by the fund."
SECTION 4. Chapter 1, Title 20 of the 1976 Code is amended by adding:
"Section 20-1-375. In addition to the marriage license fee authorized pursuant to Section 20-1-230 there is imposed an additional twenty dollar fee for each marriage license applied for. This additional fee must be remitted to the State Treasurer and credited to the Domestic Violence Fund established pursuant to Section 20-4-160."
SECTION 5. 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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