Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 26, 2026

 

H. 3013

 

Introduced by Reps. Robbins, Pope, Pedalino, McCravy, W. Newton, Cobb-Hunter and C. Mitchell

 

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

Read the first time January 14, 2025

 

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The committee on House Judiciary

To whom was referred a Bill (H. 3013) 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, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

   Amend the bill, as and if amended, SECTION 1, by striking Section 63-3-820(B)(2) and inserting:

       (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 aan 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.

Renumber sections to conform.

Amend title to conform.

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires that an individual must undergo a criminal background check conducted by SLED prior to each appointment as a guardian ad litem, pursuant to §63-3-810. Further, the cost of the background check is to be covered by the individual seeking to be appointed as the guardian ad litem. Additionally, this bill adds that upon appointment to a case, a guardian ad litem must provide a copy of the criminal background check from SLED in the affidavit provided to the court.

Judicial and DCA anticipate that this bill will have no expenditure impact. Judicial states that this bill will not result in any additional actions or workload for family court. DCA indicates that it administers the Cass Elias McCarter Guardian ad Litem Program which manages volunteer guardians ad litem, not private guardians ad litem, and therefore, are not subject to the requirements of this bill.

SLED anticipates that any increase in workload due to the increase in requests for background checks can be managed within existing staff and appropriations. Therefore, this bill will have no expenditure impact on the agency. For information, SLED notes this bill will require the agency to run a name-based check, a SLED CATCH, rather than a more extensive, finger-print based background check.

 

State Revenue

The cost for a SLED CATCH check is $25, which is retained by SLED. Pursuant to Section 23-3-115(A), revenue generated by criminal records checks performed by SLED up to an amount of $4,461,000 must be deposited in the General Fund. Any revenue over that amount is retained by SLED. The current three-year average in fees collected for background checks totals approximately $17,541,968, of which $4,461,000 is deposited to the General Fund, and the remainder is retained by SLED. The potential increase in fee revenue for SLED will depend on the number of additional CATCH checks done as a result of this bill. Therefore, the impact to Other Funds revenue for the increase in criminal record checks fee is undetermined.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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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.

 

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 guardian ad litem appointed pursuant to Section 63-3-810 must undergo a criminal history background check conducted by the South Carolina Law Enforcement Division prior to each appointment as a guardian ad litem. Costs of conducting each criminal history background check must be borne by the individual seeking to be appointed as the guardian ad litem.

 

    (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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