South Carolina General Assembly
115th Session, 2003-2004

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S. 589

STATUS INFORMATION

General Bill
Sponsors: Senator Mescher
Document Path: l:\s-jud\bills\mescher\jud0087.wcm.doc

Introduced in the Senate on April 15, 2003
Introduced in the House on February 10, 2004
Last Amended on January 22, 2004
Currently residing in the House Committee on Judiciary

Summary: Guarding Ad Litem Program, state attorney for, authorized to petition family court for removal of guarding appointed for child

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/15/2003  Senate  Introduced and read first time SJ-43
   4/15/2003  Senate  Referred to Committee on Judiciary SJ-43
   1/21/2004  Senate  Committee report: Favorable with amendment Judiciary SJ-7
   1/22/2004  Senate  Amended SJ-21
   1/22/2004  Senate  Read second time SJ-21
   1/22/2004          Scrivener's error corrected
   1/23/2004          Scrivener's error corrected
    2/5/2004  Senate  Read third time and sent to House SJ-11
   2/10/2004  House   Introduced and read first time HJ-10
   2/10/2004  House   Referred to Committee on Judiciary HJ-10

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/15/2003
1/21/2004
1/22/2004
1/22/2004-A
1/23/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE AMENDMENT ADOPTED

January 22, 2004

S. 589

Introduced by Senator Mescher

S. Printed 1/22/04--S.    [SEC 1/23/04 2:32 PM]

Read the first time April 15, 2003.

            

A BILL

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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