(A)(1) The guardian ad litem is charged in general with the duty of representation of the child's best interests. After appointment by the family court to a case involving an abused or neglected child, the guardian ad litem shall receive appropriate notice of all court hearings and proceedings regarding the child. The obligation of the guardian ad litem to the court is a continuing one and continues until formally relieved by the court.
(2) The South Carolina Guardian ad Litem Program, or a county guardian ad litem program operating pursuant to Section 63-11-500, whichever is appropriate, may intervene in an abuse or neglect proceeding in order to petition the court to relieve the volunteer, lay guardian ad litem from appointment for the following reasons:
(a) incapacity;
(b) conflict of interest;
(c) misconduct;
(d) persistent neglect of duties;
(e) incompetence; or
(f) a knowing and wilful violation of program policies and procedures that affect the health, safety, and welfare of the child.
(3) The court shall determine what is in the best interest of the child when ruling on the petition.
(B) The guardian ad litem is authorized to:
(1) conduct an independent assessment of the facts;
(2) confer with and observe the child involved;
(3) interview persons involved in the case;
(4) participate on any multidisciplinary evaluation team for the case on which the guardian ad litem has been appointed;
(5) make recommendations to the court concerning the child's welfare;
(6) make motions necessary to enforce the orders of the court, seek judicial review, or petition the court for relief on behalf of the child.
(C) The guardian ad litem is authorized through counsel to introduce, examine, and cross-examine witnesses in any proceeding involving the child and participate in the proceedings to any degree necessary to represent the child adequately.
HISTORY: 2008 Act No. 361, Section 2; 2009 Act No. 37, Section 1, eff June 2, 2009.
Effect of Amendment
The 2009 amendment designated subparagraph (A)(1) and added subparagraphs (A)(2) and (A)(3) relating to relieving a volunteer, lay guardian ad litem from appointment.
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 11 - Children's Services Agencies
Section 63-11-10. "Child welfare agency" defined.
Section 63-11-30. Department of Social Services to administer article.
Section 63-11-40. Temporary crisis placements.
Section 63-11-50. License revocation or refusal to renew.
Section 63-11-60. Placing children in family homes.
Section 63-11-70. Background checks; pardons.
Section 63-11-80. Prohibition against certain disclosures of information; exception.
Section 63-11-310. Children's advocacy centers.
Section 63-11-400. Short title.
Section 63-11-410. South Carolina Children's Advocacy Medical Response System.
Section 63-11-420. Definitions.
Section 63-11-430. Program requirements.
Section 63-11-500. Creation, purpose, and administration of program.
Section 63-11-510. Responsibilities of guardian ad litem.
Section 63-11-520. Persons prohibited from appointment as guardians ad litem.
Section 63-11-540. Right of access to information and records.
Section 63-11-550. Confidentiality of records and information.
Section 63-11-560. Immunity from liability for guardian ad litem.
Section 63-11-700. Division for Review of the Foster Care of Children; board.
Section 63-11-710. Local boards for review.
Section 63-11-720. Functions and powers of local boards.
Section 63-11-730. Background checks for employees and board members.
Section 63-11-740. Meetings of local boards; staffing.
Section 63-11-750. Participation in child abuse and neglect proceedings.
Section 63-11-760. Immunity from liability.
Section 63-11-770. Cooperation of public and private agencies.
Section 63-11-780. Petitions for relief.
Section 63-11-790. Effect of article on other agencies.
Section 63-11-910. Fund established.
Section 63-11-920. Board of directors; terms; filling vacancies; compensation; reports.
Section 63-11-930. Powers and duties.
Section 63-11-950. Disbursement of funds.
Section 63-11-960. Deposit and distribution of contributions pursuant to Section 12-6-5060.
Section 63-11-1110 to 63-11-1160. Repealed.
Section 63-11-1340. Director and other staff; promulgation of regulations.
Section 63-11-1350. Confidentiality.
Section 63-11-1360. Annual report.
Section 63-11-1510. System established.
Section 63-11-1520. State agency responsibilities.
Section 63-11-1530. Services Fund.
Section 63-11-1710. Board established; administrative responsibilities.
Section 63-11-1720. Board of trustees; composition; oversight.
Section 63-11-1725. Advisory council.
Section 63-11-1740. Director and staff; salary duties.
Section 63-11-1910. Definitions.
Section 63-11-1920. Department established.
Section 63-11-1930. Committee established.
Section 63-11-1940. Purpose and duties of department.
Section 63-11-1950. Purpose and duties of committee.
Section 63-11-1960. Access to information.
Section 63-11-1970. Subpoena power.
Section 63-11-1980. Confidentiality of meetings.
Section 63-11-1990. Confidentiality of information.
Section 63-11-2110. Military-Connected Children's Welfare Task Force.
Section 63-11-2210. Department of Children's Advocacy established.
Section 63-11-2215. Administrative support of department.
Section 63-11-2220. Composition of department; salaries.
Section 63-11-2230. Definitions.
Section 63-11-2240. State Child Advocate; responsibilities; qualifications.
Section 63-11-2250. Confidentiality.
Section 63-11-2260. Compensation of State Child Advocate.
Section 63-11-2270. Duties; reports; access.
Section 63-11-2280. Critical incidents; reporting requirements; investigation.
Section 63-11-2295. Complaints regarding State Child Advocate and department.
Section 63-11-2400. South Carolina Child Abuse Response Protocol; failure to comply with protocol.
Section 63-11-2410. Establishment of Child Abuse Protocol Review Committee; membership; meetings.