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, attorney guardians must complete a minimum of six hours of family law continuing education annually, while lay guardians must complete nine hours of continuing education in custody and visitation, along with three hours related to family court law and procedure. Additionally, lay guardians are required to observe three contested custody hearings before serving and must maintain a certificate of completion.

The bill also stipulates that individuals with certain criminal convictions or those listed on the Department of Social Services Central Registry of Abuse and Neglect are ineligible for appointment as guardians ad litem. Upon appointment, guardians must provide an affidavit to the court affirming their compliance with the qualifications. Furthermore, the court has the authority to appoint an attorney for a lay guardian ad litem if necessary, with the appointment process outlined in the bill. The act will take effect upon approval by the Governor.

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