(A) Parents, guardians, or other persons subject to a termination of parental rights action are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court, unless the defendant is in default.
(B) A child subject to any judicial proceeding under this article must be appointed a guardian ad litem by the family court. If a guardian ad litem who is not an attorney finds that appointment of counsel is necessary to protect the rights and interests of the child, an attorney must be appointed. If the guardian ad litem is an attorney, the judge must determine on a case-by-case basis whether counsel is required for the guardian ad litem. However, counsel must be appointed for a guardian ad litem who is not an attorney in any case that is contested.
HISTORY: 2008 Act No. 361, Section 2.
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 7 - Child Protection And Permanency
Section 63-7-25. Children in out-of-home care; age or developmentally appropriate activities.
Section 63-7-30. Seeking assistance.
Section 63-7-40. Safe haven for abandoned babies.
Section 63-7-310. Persons required to report.
Section 63-7-320. Notification; transfer; notice to designated military officials.
Section 63-7-330. Confidentiality of information.
Section 63-7-340. Previous reports.
Section 63-7-350. Reports for lack of investigation.
Section 63-7-360. Mandatory reporting to coroner.
Section 63-7-370. Domestic violence reporting.
Section 63-7-380. Photos and x-rays without parental consent; release of medical records.
Section 63-7-390. Reporter immunity from liability.
Section 63-7-400. Department of Social Services immunity from liability.
Section 63-7-410. Failure to report; penalties.
Section 63-7-420. Abrogation of privileged communication; exceptions.
Section 63-7-430. Civil action for bad faith reporting.
Section 63-7-440. Knowingly making false report.
Section 63-7-450. Department of Social Services to provide information to public.
Section 63-7-610. Statewide jurisdiction.
Section 63-7-620. Emergency protective custody.
Section 63-7-630. Notification of Department of Social Services.
Section 63-7-640. Preliminary investigation.
Section 63-7-660. Assumption of legal custody.
Section 63-7-670. Returning child to parents; alternative procedures.
Section 63-7-680. Emergency protective custody extension.
Section 63-7-690. Relative placement.
Section 63-7-700. Emergency protective custody proceedings.
Section 63-7-710. Probable cause hearing.
Section 63-7-720. Reasonable efforts to prevent removal.
Section 63-7-730. Expedited placement of child with relative.
Section 63-7-735. Right to become a licensed kinship foster parent.
Section 63-7-740. Ex parte emergency protective custody.
Section 63-7-750. Doctor or hospital may detain child; civil immunity.
Section 63-7-765. Required disclosure of information to kinship care providers.
Section 63-7-770. Required disclosure of information to residential health facilities.
Section 63-7-900. Purpose of the subarticle.
Section 63-7-910. Duties of the department.
Section 63-7-920. Investigations and case determination.
Section 63-7-930. Classification categories.
Section 63-7-940. Use of unfounded case information.
Section 63-7-950. Withholding health care.
Section 63-7-960. Consolidation and delivery of services.
Section 63-7-970. Children of incarcerated women.
Section 63-7-980. Cooperation between the department and law enforcement.
Section 63-7-990. Access to sex offender registry.
Section 63-7-1210. Department investigation of institutional abuse.
Section 63-7-1420. Appeal of judicial determinations.
Section 63-7-1430. Notice and opportunity to be heard.
Section 63-7-1440. Judicial review.
Section 63-7-1610. Jurisdiction and venue.
Section 63-7-1620. Legal representation of children.
Section 63-7-1630. Notice of hearings.
Section 63-7-1640. Family preservation.
Section 63-7-1650. Services without removal.
Section 63-7-1660. Services with removal.
Section 63-7-1670. Treatment plan.
Section 63-7-1680. Approval or amendment of plan.
Section 63-7-1690. Placement plans; substance abuse issues.
Section 63-7-1700. Permanency planning.
Section 63-7-1710. Standards for terminating parental rights.
Section 63-7-1720. Clerk of court and court administration progress reports.
Section 63-7-1740. Review of qualified residential treatment program placement.
Section 63-7-1920. Department to maintain Central Registry.
Section 63-7-1930. Petition for placement in Central Registry.
Section 63-7-1940. Court order for placement in Central Registry of Child Abuse and Neglect.
Section 63-7-1950. Updated records requested.
Section 63-7-1960. Destruction of certain records.
Section 63-7-1970. Release of information.
Section 63-7-1980. Screening against the Central Registry.
Section 63-7-1990. Confidentiality and release of records and information.
Section 63-7-2000. Retention and disclosure of records of unfounded cases.
Section 63-7-2010. Annual reports.
Section 63-7-2310. Protecting and nurturing children in foster care.
Section 63-7-2320. Kinship Foster Care Program.
Section 63-7-2330. Placement with relatives.
Section 63-7-2340. Fingerprint review.
Section 63-7-2345. Payment of costs of Federal Bureau of Investigation fingerprint reviews.
Section 63-7-2350. Restrictions on foster care or adoption placements.
Section 63-7-2360. Placement of minor sex offenders.
Section 63-7-2370. Disclosure of information to foster parents.
Section 63-7-2380. Foster parent training.
Section 63-7-2390. Loss for uninsured damages.
Section 63-7-2400. Number of foster children who may be placed in a foster home.
Section 63-7-2520. Jurisdiction.
Section 63-7-2530. Filing procedures.
Section 63-7-2540. Content of petition.
Section 63-7-2550. Service of petition.
Section 63-7-2560. Representation by counsel; guardian ad litem.
Section 63-7-2580. Permanency of order.
Section 63-7-2590. Effect of order.
Section 63-7-2600. Confidentiality.
Section 63-7-2610. Effect on adoption laws.
Section 63-7-2620. Construction of law.
Section 63-7-2710. Definitions.
Section 63-7-2720. Creation and implementation of extended foster care program.
Section 63-7-2730. Voluntary extension of foster care; jurisdiction; transition plan.
Section 63-7-2740. Proceedings for review of voluntary placement agreement.
Section 63-7-2760. Administrative case review; development of transition plan.
Section 63-7-2770. Permanency planning hearings.
Section 63-7-2780. Review of progress toward meeting goals in transition plan.
Section 63-7-2790. Notice of adverse decision; right to appeal; judicial review.