South Carolina General Assembly
115th Session, 2003-2004

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Bill 589

Indicates Matter Stricken
Indicates New Matter

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

COMMITTEE REPORT

January 21, 2004

S. 589

Introduced by Senator Mescher

S. Printed 1/21/04--S.

Read the first time April 15, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 589) to amend the Code of Laws of South Carolina, 1976, by adding Section 20-7-130, so as to provide that the State Attorney for the South Carolina, 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, by striking the bill in its entirety and inserting therein the following:

/    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. /

Renumber sections to conform.

Amend title to conform.

LARRY A. MARTIN for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

A review of this bill by the Governor's Office, Office of Executive Policy and Programs indicates there will be a minimal impact on the General Fund of the State which can be absorbed within existing resources.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-130, SO AS TO PROVIDE THAT THE STATE ATTORNEY FOR 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 AND ADVOCATED FOR A CHILD IN AN ABUSE OR NEGLECT PROCEEDING.

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 State Attorney for the South Carolina Guardian ad Litem Program has standing to petition the family court for the removal of a guardian 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 willful violation of the program's policies or procedures.

(B)    In order to avoid any conflict of interest, 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)."

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

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