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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
January 22, 2004
S. 589
S. Printed 1/22/04--S.
Read the first time April 15, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-130, SO AS TO PROVIDE THAT 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 AN ADVOCATE FOR A CHILD IN AN ABUSE OR NEGLECT PROCEEDING, AND TO PROVIDE THAT THE COURT MUST APPOINT AN ATTORNEY TO REPRESENT A GUARDIAN WHO IS THE SUBJECT OF A REMOVAL ACTION UPON THE GUARDIAN'S REQUEST.
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 South Carolina Guardian ad Litem Program has standing to petition the family court for the removal of a guardian ad litem 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 wilful violation of the program's policies or procedures.
In ruling upon the petition, the judge shall act in the best interest of the child in determining whether to remove the guardian.
(B) 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). Regardless of the indigency of the guardian, the court must appoint an attorney to represent the guardian in a removal action upon the guardian's request."
SECTION 2. This act takes effect upon approval by the Governor.
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