A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-3-830, RELATING TO RESPONSIBILITIES OF GUARDIANS AD LITEM IN PRIVATE CUSTODY AND VISITATION ACTIONS, SO AS TO PROHIBIT GUARDIANS AD LITEM FROM MAKING RECOMMENDATIONS IN THEIR REPORT TO THE COURT.

 

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

 

SECTION 1.  Section 63-3-830(A)(6) of the S.C. Code is amended to read:

 

    (6) presenting to the court and all parties clear and comprehensive written reports including, but not limited to, a final written report regarding the child's best interest. The final written report may contain conclusions based upon the facts contained in the report. The final written report must be submitted to the court and all parties no later than twenty days prior to the merits hearing, unless that time period is modified by the court, but in no event later than ten days prior to the merits hearing. The ten-day requirement for the submission of the final written report may only be waived by mutual consent of both parties. The final written report must not include a recommendation concerning which party should be awarded custody, nor may the guardian ad litem make a recommendation or as to the issue of custody at the merits hearing unless requested by the court for reasons specifically set forth on the record. The guardian ad litem is subject to cross-examination on the facts and conclusions contained in the final written report. The final written report must include the names, addresses, and telephone numbers of those interviewed during the investigation.

 

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

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