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H. 4991
STATUS INFORMATION
General Bill
Sponsors: Rep. Kirsh
Document Path: l:\council\bills\nbd\12243ac08.doc
Introduced in the House on April 9, 2008
Currently residing in the House Committee on Judiciary
Summary: Guardian ad Litem Program
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/9/2008 House Introduced and read first time HJ-59
4/9/2008 House Referred to Committee on Judiciary HJ-60
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 20-7-124, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF GUARDIANS AD LITEM IN CHILD ABUSE AND NEGLECT CASES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM HAS THE RIGHT TO INTERVENE IN A PROCEEDING TO PETITION TO HAVE THE GUARDIAN AD LITEM REMOVED IF THE GUARDIAN AD LITEM IS NOT COMPLYING WITH STATE LAW OR IS NOT ACTING IN THE BEST INTEREST OF THE CHILD; AND TO AMEND SECTION 20-7-126, AS AMENDED, RELATING TO CONFIDENTIALITY OF REPORTS AND INFORMATION MAINTAINED BY THE GUARDIAN AD LITEM PROGRAM, SO AS TO ALSO PROVIDE THAT REPORTS AND INFORMATION MAINTAINED BY A GUARDIAN AD LITEM IS CONFIDENTIAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-124(A) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(A)(1) The guardian ad litem is charged in general with the duty of representation of the child's best interests. After appointment by the family court to a case involving an abused or neglected child, the guardian ad litem shall receive appropriate notice of all court hearings and proceedings regarding the child. The obligation of the guardian ad litem to the court is a continuing one and continues until formally relieved by the court.
(2) The South Carolina Guardian ad Litem Program may intervene in an abuse or neglect proceeding in order to petition the court to relieve a guardian ad litem from appointment when, in the program's opinion, the guardian ad litem is violating the provisions of this subarticle or is, otherwise, acting contrary to the best interests of the child."
SECTION 2. Section 20-7-126(A) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(A) All reports and information collected pursuant to this subarticle maintained by the Guardian ad Litem Program or by a guardian ad litem are confidential except as provided for in Section 20-7-690(C). A person who disseminates or permits the unauthorized dissemination of the information is guilty of contempt of court and, upon conviction, may be fined or imprisoned, or both, pursuant to Section 20-7-1350."
SECTION 3. This act takes effect upon approval by the Governor.
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