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Indicates Matter Stricken
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COMMITTEE REPORT
March 28, 2007
S. 9
Introduced by Senators Hayes, Campsen, Sheheen, McConnell, Mescher, McGill, Knotts, Fair and Elliott
S. Printed 3/28/07--S.
Read the first time January 9, 2007.
To whom was referred a Bill (S. 9) to amend Section 20-7-110, as amended, Code of Laws of South Carolina, 1976, relating to the legal representation of children, including the appointment, etc., respectfully
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 all after the enacting language and inserting therein the following:
/ SECTION 1. Section 20-7-110(1) of the 1976 Code is amended to read:
"Section 20-7-110. In all child abuse and neglect proceedings:
(1) Children must be appointed legal counsel and a guardian ad litem by the family court. In the event the individual appointed as the guardian ad litem is an attorney guardian ad litem, the appointed individual shall serve as the guardian ad litem and legal counsel. The court must not, absent extraordinary circumstances, appoint additional legal counsel to represent an attorney guardian ad litem. The appointed attorney guardian must petition the family court for the appointment of legal counsel and set forth the extraordinary circumstances necessitating the appointment. Counsel for the child in no case may be the same as counsel for the parent, guardian, or other person subject to the proceeding or any governmental or social agency involved in the proceeding."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. RITCHIE, JR. for Committee.
TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL REPRESENTATION OF CHILDREN, INCLUDING THE APPOINTMENT OF GUARDIANS AD LITEM, SO AS TO PROVIDE THAT THE COURT MAY APPOINT AN ATTORNEY FOR A LAY GUARDIAN AD LITEM BUT MAY NOT IF THE GUARDIAN AD LITEM IS AN ATTORNEY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-110(1) of the 1976 Code, as amended by Act 450 of 1996, is further amended to read:
"(1) Children must be appointed legal counsel and a guardian ad litem by the family court. The court also may appoint an attorney for a lay guardian ad litem; however, the court may not appoint an attorney for a guardian ad litem if the guardian ad litem is an attorney. Counsel for the child in no case may be the same as counsel for the parent, guardian, or other person subject to the proceeding or any governmental or social agency involved in the proceeding."
SECTION 2. This act takes effect upon approval by the Governor.
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