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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-130, SO AS TO PROVIDE THAT THE STATE ATTORNEY FOR THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FOR ABUSED AND NEGLECTED CHILDREN HAS STANDING TO PETITION THE FAMILY COURT, FOR CERTAIN ENUMERATED REASONS, FOR THE REMOVAL OF A GUARDIAN APPOINTED AS AND ADVOCATED FOR A CHILD IN AN ABUSE OR NEGLECT PROCEEDING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-130. (A) The State Attorney for the South Carolina Guardian ad Litem Program has standing to petition the family court for the removal of a guardian appointed pursuant to this subarticle for any of the following reasons:
(1) malfeasance;
(2) misfeasance;
(3) incompetency;
(4) conflicts of interest;
(5) misconduct;
(6) persistent neglect of duty;
(7) incapacity; or
(8) a knowing and willful violation of the program's policies or procedures.
(B) In order to avoid any conflict of interest, no attorney employed or compensated by or otherwise under contract with the Guardian ad Litem Program may represent a guardian in a removal action filed by the program pursuant to subsection (A)."
SECTION 2. This act takes effect upon approval by the Governor.
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