The bill H. 3622 seeks to amend Section 63-3-820 of the South Carolina Code of Laws, which pertains to the qualifications and appointment of guardians ad litem in private custody or visitation cases. The proposed changes clarify that a guardian ad litem can be either an attorney or a layperson, with specific qualifications outlined for each. For instance, both types of guardians must be at least twenty-five years old and possess a high school diploma or equivalent. Additionally, attorney guardians must complete a minimum of six hours of continuing legal education annually, while lay guardians must complete nine hours of continuing education in custody and visitation, along with three hours related to family law. Lay guardians are also required to observe three contested custody hearings before serving.

The bill further stipulates that individuals with certain criminal convictions or those listed on the Department of Social Services Central Registry of Abuse and Neglect cannot be appointed as guardians ad litem. Upon appointment, guardians must provide an affidavit to the court confirming their compliance with the qualifications, including education and training requirements, and affirming their criminal history status. The bill also allows for the appointment of an attorney for a lay guardian ad litem, with provisions for compensation outlined in the court order. This act will take effect upon approval by the Governor.

Statutes affected:
12/12/2024: 63-3-820
Latest Version: 63-3-820