South Carolina Code of Laws
Chapter 35 - Adult Protection
Section 43-35-240. Appointment of guardian ad litem for abuse, neglect, or exploitation proceedings; criminal background checks.

(A) An individual may not be appointed as a guardian ad litem for a vulnerable adult in an abuse, neglect, or exploitation proceeding who:
(1) has been convicted of a crime enumerated in Chapter 3, Title 16, Offenses Against the Person; in Chapter 15, Title 16, Offenses Against Morality and Decency; in Article 3, Chapter 53, Title 44, Narcotics and Controlled Substances; in Section 43-35-85, Omnibus Adult Protection Act; in Chapter 25, Title 16, Criminal Domestic Violence; or Section 16-17-490, Contributing to the Delinquency of a Minor; or
(2) is or has ever been on the Department of Social Services Central Registry of Child Abuse and Neglect, the Sex Offender Registry, or listed as "not in good standing" on the Nurse Aide Registry.
(B) A criminal background check must be conducted for each volunteer guardian ad litem as required by the Vulnerable Adult Guardian ad Litem Program.
HISTORY: 2014 Act No. 162 (S.764), Section 1, eff May 16, 2014.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 43 - Social Services

Chapter 35 - Adult Protection

Section 43-35-5. Short title.

Section 43-35-10. Definitions.

Section 43-35-13. Nonmedical remedial treatment by spiritual means is not abuse or neglect of vulnerable adult.

Section 43-35-15. Vulnerable Adults Investigations Unit; Long Term Care Ombudsman Program; Adult Protective Services Program; responsibilities; referral of reports.

Section 43-35-20. Additional powers of investigative entities.

Section 43-35-25. Persons required to report abuse, neglect, or exploitation of adult; reporting methods.

Section 43-35-30. Photographing of visible trauma on abused adult.

Section 43-35-35. Reporting deaths where abuse or neglect suspected.

Section 43-35-40. Responsibilities when a report is received; initiation of investigation; reports to local law enforcement or Vulnerable Adults Investigations Unit.

Section 43-35-45. Warrant from family court to permit investigation of report; order for protective services; appointment of guardian and attorney; evaluation; hearing; review; semiannual reevaluation; payment for services.

Section 43-35-50. Abrogation of privilege for certain communications.

Section 43-35-55. Protective custody by law enforcement officer; procedure; notification of protective services program; subsequent proceedings.

Section 43-35-60. Sharing of report information by investigative entities; public confidentiality.

Section 43-35-65. Notices to be displayed at facilities.

Section 43-35-70. Reports to occupational licensing boards.

Section 43-35-75. Immunity of person making report or participating in investigation in good faith.

Section 43-35-80. Action by Attorney General against person or facility for failure to exercise reasonable care; fine.

Section 43-35-85. Penalties.

Section 43-35-87. Financial exploitation; financial institution authority to decline transaction requests.

Section 43-35-90. Article not to affect authority of agencies.

Section 43-35-200. Vulnerable Adult Guardian ad Litem Program.

Section 43-35-210. Definitions.

Section 43-35-220. Duties and responsibilities of guardian ad litem; assessments.

Section 43-35-230. Appointment of guardian ad litem; continuing legal education.

Section 43-35-240. Appointment of guardian ad litem for abuse, neglect, or exploitation proceedings; criminal background checks.

Section 43-35-250. Charge of guardian ad litem; petition for removal.

Section 43-35-260. Access to information.

Section 43-35-270. Confidentiality of reports and information.

Section 43-35-280. Civil liability.

Section 43-35-290. Funding.

Section 43-35-310. Council created; membership; filling vacancies.

Section 43-35-320. Responsibilities of council.

Section 43-35-330. Duties of council.

Section 43-35-340. Officers; terms of office; quorum.

Section 43-35-350. Meetings.

Section 43-35-500. Definitions.

Section 43-35-510. Policy of State regarding health and safety of vulnerable adults.

Section 43-35-520. Investigations of deaths in facilities operated by the Department of Mental Health or the Department of Disabilities and Special Needs; death by natural causes in a veterans' nursing home.

Section 43-35-530. Conduct of investigations.

Section 43-35-540. Access to medical information.

Section 43-35-550. Subpoena of medical information.

Section 43-35-560. Vulnerable Adults Fatalities Review Committee; members; terms; meetings; administrative support.

Section 43-35-570. Purpose of Vulnerable Adult Fatalities Review Committee.

Section 43-35-580. Meetings discussing individual cases closed; disclosure of information identifying vulnerable adult or family member.

Section 43-35-590. Confidential and public information.

Section 43-35-595. Promulgation of regulations.