Indicates Matter Stricken

Indicates New Matter

 

Amended

March 31, 2026

 

H. 3013

 

Introduced by Reps. Robbins, Pope, Pedalino, McCravy, W. Newton, C. Mitchell, Govan, Erickson, Bradley and Gibson

 

S. Printed 3/31/26--H.

Read the first time January 14, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-3-820, RELATING TO QUALIFICATIONS TO SERVE AS A GUARDIAN AD LITEM IN PRIVATE FAMILY COURT CASES, SO AS TO REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK TO SERVE AS A GUARDIAN AD LITEM.

    Amend Title To Conform

 

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

 

SECTION 1.  Section 63-3-820 (B) and (D) of the S.C. Code is amended to read:

 

    (B)(1) A person shall not be appointed as a guardian ad litem pursuant to Section 63-3-810 who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person; in Chapter 15 of Title 16, Offenses Against Morality and Decency; in Chapter 25 of Title 16, Criminal Domestic Violence; in Article 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances; or convicted of the crime of contributing to the delinquency of a minor, provided for in Section 16-17-490.

       (2) A lay guardian ad litem appointed pursuant to Section 63-3-810, appointed in matters involving the Department of Social Services, or appointed under any other provision of state law related to guardian ad litem appointments must undergo an annual criminal history background check conducted by the South Carolina Law Enforcement Division. This background check must be submitted in compliance with subsection (D) prior to each and every appointment as a lay guardian ad litem under any provision of state law. Costs of conducting each criminal history background check must be borne by the individual seeking to be appointed as the guardian ad litem. Such costs may not be assessed to, reimbursed by, or otherwise paid by any party to the action.

       (3) The criminal history background check shall be valid for three hundred sixty-five days from the date of issuance and shall satisfy the requirements of this section for any appointment occurring within that time period.

       (4) All guardians ad litem subject to subsection (B)(2) have an affirmative duty to immediately notify the court and the parties if, during the pendency of any appointment, the guardian ad litem is arrested for or charged with any offense enumerated in subsection (B)(1). Upon such notification, the court shall review the continued eligibility of the guardian ad litem to serve in the matter. Failure to comply with the notification requirement constitutes grounds for removal and may subject the guardian ad litem to contempt of court.

 

    (D) Upon appointment to a case, a guardian ad litem must provide an affidavit to the court and to the parties attesting to compliance with the statutory qualifications. The affidavit must include, but is not limited to, the following:

       (1) a statement affirming that the guardian ad litem has completed the training requirements provided for in subsection (A);

       (2) a statement affirming that the guardian ad litem has complied with the requirements of this section, including a statement that the person has not been convicted of a crime enumerated in subsection (B) and a copy of the criminal history background check from the South Carolina Law Enforcement Division obtained pursuant to subsection (B); and

       (3) a statement affirming that the guardian ad litem is not nor has ever been on the Department of Social Services Central Registry of Child Abuse and Neglect pursuant to Subarticle 13, Article 3, Chapter 7.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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