ARTICLE 3.
LEGAL STATUS OF CHILDREN
SUBARTICLE 1.
PARENT-CHILD RELATIONSHIP
SECTION 20-7-50. Unlawful conduct towards child.
(A) It is unlawful for a person who has charge or custody of a child, or who is the parent or guardian of a child, or who is responsible for the welfare of a child as defined in Section 20-7-490(5) to:
(1) place the child at unreasonable risk of harm affecting the child’s life, physical or mental health, or safety;
(2) do or cause to be done unlawfully or maliciously any bodily harm to the child so that the life or health of the child is endangered or likely to be endangered; or
(3) wilfully abandon the child.
(B) A person who violates subsection (A) is guilty of a felony and for each offense, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.
SECTION 20-7-70. Cruelty to children.
Whoever cruelly ill-treats, deprives of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon a child or causes the same to be done, whether the person is the parent or guardian or has charge or custody of the child, for every offense, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not more than two hundred dollars, at the discretion of the magistrate.
SECTION 20-7-100. Rights and duties of parents in regard to their minor children.
The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children’s school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.
SUBARTICLE 4.
SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM
SECTION 20-7-121. Creation, purpose and administration of program.
There is created the South Carolina Guardian ad Litem Program to serve as a statewide system to provide training and supervision to volunteers who serve as court-appointed special advocates for children in abuse and neglect proceedings within the family court, pursuant to Section 20-7-110. This program must be administered by the Office of the Governor.
SECTION 20-7-122. Responsibilities and duties of guardian ad litem.
The responsibilities and duties of a guardian ad litem are to:
(1) represent the best interests of the child;
(2) advocate for the welfare and rights of a child involved in an abuse or neglect proceeding;
(3) conduct an independent assessment of the facts, the needs of the child, and the available resources within the family and community to meet those needs;
(4) maintain accurate, written case records;
(5) provide the family court with a written report, consistent with the rules of evidence and the rules of the court, which includes without limitation evaluation and assessment of the issues brought before the court and recommendations for the case plan, the wishes of the child, if appropriate, and subsequent disposition of the case;
(6) monitor compliance with the orders of the family court and to make the motions necessary to enforce the orders of the court or seek judicial review;
(7) protect and promote the best interests of the child until formally relieved of the responsibility by the family court.
SECTION 20-7-124. Guardian to represent best interests of child; guardian to receive notice of all proceedings; obligation of guardian continuing one; authority of guardian.
(A) 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.
(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.
ARTICLE 7.
INTAKE
SUBARTICLE 1.
GENERAL PROVISIONS
SECTION 20-7-480. Purpose.
(A) Any intervention by the State into family life on behalf of children must be guided by law, by strong philosophical underpinnings, and by sound professional standards for practice. Child Welfare Services must be based on these principles:
(1) Parents have the primary responsibility for and are the primary resource for their children.
(2) Children should have the opportunity to grow up in a family unit if at all possible.
(11) Only a comparatively small percentage of current child abuse and neglect reports are criminal in nature or will result in the removal of the child or alleged perpetrator.
(B) It is the purpose of this article to:
(4) establish fair and equitable procedures, compatible with due process of law to intervene in family life with due regard to the safety and welfare of all family members; and
SECTION 20-7-490. Definitions.
(2) “Child abuse or neglect”, or “harm” occurs when the parent, guardian, or other person responsible for the child’s welfare:
(a) inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which:
(i) is administered by a parent or person in loco parentis;
(ii) is perpetrated for the sole purpose of restraining or correcting the child;
(iii) is reasonable in manner and moderate in degree;
(iv) has not brought about permanent or lasting damage to the child; and
(v) is not reckless or grossly negligent behavior by the parents.
(b) commits or allows to be committed against the child a sexual offense as defined by the laws of this State or engages in acts or omissions that present a substantial risk that a sexual offense as defined in the laws of this State would be committed against the child;
(c) fails to supply the child with adequate food, clothing, shelter, or education as required under Article 1 of Chapter 65 of Title 59, supervision appropriate to the child’s age and development, or health care though financially able to do so or offered financial or other reasonable means to do so and the failure to do so has caused or presents a substantial risk of causing physical or mental injury. However, a child’s absences from school may not be considered abuse or neglect unless the school has made efforts to bring about the child’s attendance, and those efforts were unsuccessful because of the parents’ refusal to cooperate. For the purpose of this chapter “adequate health care” includes any medical or nonmedical remedial health care permitted or authorized under state law;
(d) abandons the child;
(e) encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, condonation, or approval; or
(f) has committed abuse or neglect as described in subsections (a) through (e) such that a child who subsequently becomes part of the person’s household is at substantial risk of one of those forms of abuse or neglect.
(5) “Mental injury” means an injury to the intellectual, emotional, or psychological capacity or functioning of a child as evidenced by a discernible and substantial impairment of the child’s ability to function when the existence of that impairment is supported by the opinion of a mental health professional or medical professional.
(19) “Abandonment of a child” means a parent or guardian wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child’s needs or the continuing care of the child.
(21) “Legal custody” means the right to the physical custody, care, and control of a child; the right to determine where the child shall live; the right and duty to provide protection, food, clothing, shelter, ordinary medical care, education, supervision, and discipline for a child and in an emergency to authorize surgery or other extraordinary care. The court may in its order place other rights and duties with the legal custodian. Unless otherwise provided by court order, the parent or guardian retains the right to make decisions of substantial legal significance affecting the child, including consent to a marriage, enlistment in the armed forces, and major nonemergency medical and surgical treatment, the obligation to provide financial support or other funds for the care of the child, and other residual rights or obligations as may be provided by order of the court.
(23) “Physical custody” means the lawful, actual possession and control of a child.
SUBARTICLE 3.
IDENTIFICATION
SECTION 20-7-567. Knowingly making false report of abuse or neglect; penalties.
(A) It is unlawful to knowingly make a false report of abuse or neglect.
(B) A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than ninety days, or both.
SECTION 20-7-570. Bad faith or false reporting; civil action; fees.
(A) If the family court determines pursuant to Section 20-7-695 that a person has made a report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, the department may bring a civil action to recover the costs of the department’s investigation and proceedings associated with the investigation, including attorney’s fees. The department also is entitled to recover costs and attorney’s fees incurred in the civil action authorized by this section. The decision of whether to bring a civil action pursuant to this section is in the sole discretion of the department.
(B) If the family court determines pursuant to Section 20-7-695 that a person has made a false report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report pursuant to Section 20-7-567, a person who was subject of the false report has a civil cause of action against the person who made the false report and is entitled to recover from the person who made the false report such relief as may be appropriate, including:
ARTICLE 9.
PROCEDURES FOR FAMILY COURTS
SUBARTICLE 1.
ABUSED, NEGLECTED AND DELINQUENT CHILDREN
SECTION 20-7-736. Jurisdiction of family court under article; removal proceedings; procedures.
(F) The court shall not order that a child be removed from the custody of the parent or guardian unless the court finds that the allegations of the petition are supported by a preponderance of evidence including a finding that the child is an abused or neglected child as defined in Section 20-7-490 and that retention of the child in or return of the child to the home would place the child at unreasonable risk of harm affecting the child’s life, physical health or safety, or mental well?being and the child cannot reasonably be protected from this harm without being removed.
SUBARTICLE 2.
UNIFORM CHILD CUSTODY JURISDICTION ACT
SECTION 20-7-784. Purposes; construction of provisions.
(a) The general purposes of this subarticle are to:
(1) avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being;
(3) assure that litigation concerning the custody of a child take place ordinarily in the state with which the child and his family have the closest connection and where significant evidence concerning his care, protection, training and personal relationships is most readily available, and that courts of this State decline the exercise of jurisdiction when the child and his family have a closer connection with another state;
(4) discourage continuing controversies over child custody in the interest of greater stability of home environment and of secure family relationships for the child;
(6) avoid relitigation of custody decisions of other states in this State insofar as feasible;
(7) facilitate the enforcement of custody decrees of other states;
SECTION 20-7-796. Inconvenient forum.
(c) In determining if it is an inconvenient forum, the court shall consider if it is in the interest of the child that another state assume jurisdiction. For this purpose it may take into account the following factors, among others:
(1) if another state is or recently was the child’s home state;
(2) if another state has a closer connection with the child and his family or with the child and one or more of the contestants;
SECTION 20-7-798. Jurisdiction declined by reason of conduct.
(b) Unless required in the interest of the child, the court shall not exercise its jurisdiction to modify a custody decree of another state if the petitioner, without consent of the person entitled to custody, has improperly removed the child from the physical custody of the person entitled to custody or has improperly retained the child after a visit or other temporary relinquishment of physical custody. If the petitioner has violated any other provision of a custody decree of another state the court may decline to exercise its jurisdiction if this is just and proper under the circumstances.
SECTION 20-7-800. Information under oath to be submitted to the court.
(a) Every party in a custody proceeding in his first pleading or in an affidavit attached to that pleading shall give information under oath as to the child’s present address, the places where the child has lived within the last five years and the names and present addresses of the persons with whom the child has lived during that period. In this pleading or affidavit every party shall further declare under oath whether:
(1) he has participated (as a party, witness or in any other capacity) in any other litigation concerning the custody of the same child in this or any other state;
(2) he has information of any custody proceeding concerning the child pending in a court of this or any other state;
(3) he knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child.
(b) If the declaration as to any of the above items is in the affirmative the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and as to other matters pertinent to the court’s jurisdiction and the disposition of the case.
SECTION 20-7-808. Recognition of out-of-state custody decrees.
The courts of this State shall recognize and enforce an initial or modification decree of a court of another state which had assumed jurisdiction under statutory provisions substantially in accordance with this subarticle or which was made under factual circumstances meeting the jurisdictional standards of the subarticle, so long as this decree has not been modified in accordance with jurisdictional standards substantially similar to those of this subarticle.
SECTION 20-7-812. Filing and enforcement of custody decree of another state.
(a) A certified copy of a custody decree of another state may be filed in the office of the clerk of any family court of this State. The clerk shall treat the decree in the same manner as a custody decree of the family court of this State. A custody decree so filed has the same effect and shall be enforced in like manner as a custody decree rendered by a court of this State.
(b) A person violating a custody decree of another state which makes it necessary to enforce the decree in this State may be required to pay necessary travel and other expenses, including attorneys’ fees, incurred by the party entitled to the custody or his witnesses.
SECTION 20-7-814. Registry of out?of?state custody decrees and proceedings.
The clerk of each family court of this State shall maintain a registry in which he shall enter the following:
(1) certified copies of custody decrees of other states received for filing;
(2) communications as to the pendency of custody proceedings in other states;
(3) communications concerning a finding of inconvenient forum by a court of another state;
(4) other communications or documents concerning custody proceedings in another state which may affect the jurisdiction of a court of this State or the disposition to be made by it in a custody proceeding.
SECTION 20-7-826. Request for court records of another state.
If a custody decree has been rendered in another state concerning a child involved in a custody proceeding pending in a court of this State, the court of this State upon taking jurisdiction of the case shall request of the court of the other state a certified copy of the transcript of any court record and other documents mentioned in Section 20-7-824.
SECTION 20-7-830. International application.
The general policies of this subarticle extend to the international area. The provisions of this subarticle relating to the recognition and enforcement of custody decrees of other states apply to custody decrees and decrees involving legal institutions similar in nature to custody, rendered by appropriate authorities of other nations if reasonable notice and opportunity to be heard were given to all affected persons.
SUBARTICLE 3.
CHILD SUPPORT
SECTION 20-7-852. Child support proceedings; amount of award.
(A) In any proceeding for the award of child support, there is a rebuttable presumption that the amount of the award which would result from the application of the guidelines required under Section 43-5-580(b) is the correct amount of child support to be awarded. A different amount may be awarded upon a showing that application of the guidelines in a particular case would be unjust or inappropriate. When the court orders a child support award that varies significantly from the amount resulting from the application of the guidelines, the court shall make specific, written findings of those facts upon which it bases its conclusion supporting that award. Findings that rebut the guidelines must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines.
(C) The court shall consider the following factors which may be possible reasons for deviation from the guidelines or may be used in determining whether a change in circumstances has occurred which would require a modification of an existing order:
(1) educational expenses for the child or children or the spouse, to include those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there is tuition or related costs;
(3) consumer debts;
(4) families with more than six children;
(5) unreimbursed extraordinary medical or dental expenses for the noncustodial or custodial parent;
(6) mandatory deduction of retirement pensions and union fees;
(7) support obligations for other dependents living with the noncustodial parent or noncourt ordered child support from another relationship;
(8) child?related unreimbursed extraordinary medical expenses;
(9) monthly fixed payments imposed by a court or operation of law;
(10) significant available income of the child or children;
(11) substantial disparity of income in which the noncustodial parent’s income is significantly less than the custodial parent’s income, thus making it financially impracticable to pay what the guidelines indicate the noncustodial parent should pay;
(13) agreements reached between parties. The court may deviate from the guidelines based on an agreement between the parties if both parties are represented by counsel or if, upon a thorough examination of any party not represented by counsel, the court determines the party fully understands the agreement as to child support. The court still has the discretion and the independent duty to determine if the amount is reasonable and in the best interest of the child or children.
SUBARTICLE 3.
CHILD SUPPORT
SECTION 20-7-856. Distribution of fines.
Fines collected pursuant to Sections 20-7-9575, 43-5-595(C), and 43-5-598(G) must be distributed as follows:
(1) The Department of Social Services shall pay to the federal government the federal share of the amount collected;
(2) The Department of Social Services shall use the state share of the amount collected pursuant to subsection (1) in the administration of the child support enforcement program.
SUBARTICLE 4.
DETERMINATION OF PATERNITY
SECTION 20-7-955. Settlements and voluntary agreements.
(A) The court must encourage settlements and voluntary agreements and must examine and approve them whenever they are warranted. Upon a finding of fairness the court shall approve, without a hearing, settlements and voluntary agreements which are reduced to writing, signed by the parties, and properly verified. The agreement must be accompanied by financial declarations and affidavits from the custodial and noncustodial parents stating that they have read, or have had read to them, and understand the agreement and that they have voluntarily executed the agreement or consent order. The parties may submit themselves to the jurisdiction of the court by a settlement or voluntary agreement which must be filed with the summons and complaint. A defendant’s affidavit must state that the defendant is capable of fulfilling any financial requirements of the agreement or consent order applicable to the defendant. Upon the court’s approval, the settlement or voluntary agreement becomes an order of the court.
(B) In actions commenced by the Department of Social Services or any other authorized agency, an employee of the department or the agency who is familiar with the action may make, on behalf of the custodial parent, the required affidavit accompanying a settlement, voluntary agreement, or consent order. In cases where the child is the recipient of public assistance, the affidavit must state that the employee has reviewed the case and that the child involved is receiving public assistance due in part to inadequate support from the noncustodial parent.
SECTION 20-7-958. Verified voluntary acknowledgment of paternity to create finding of paternity; challenges.
(A) A verified voluntary acknowledgment of paternity creates a legal finding of paternity, subject to the right of any signatory to rescind the acknowledgment within the earlier of:
(1) sixty days; or
(2) the date of an administrative or judicial proceeding relating to the child including a proceeding to establish a support order in which the signatory is a party.
(B) Upon the expiration of the sixty?day period provided for in subsection (A), a verified voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.
(C) In the event of a challenge, legal responsibilities including child support obligations of any signatory arising from the acknowledgment may not be suspended during the challenge except for good cause shown.
(D) Judicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity.
SUBARTICLE 6.
INCOME WITHHOLDING
PART I. MEDICAL CHILD SUPPORT AND INCOME WITHHOLDING
SECTION 20-7-1260. Proof of compliance with order to provide health care coverage.
Within thirty days after receipt of an order requiring the obligated parent to provide health care coverage for a child, the parent or employer must provide the child’s other parent written proof that the insurance has been obtained or that an application for insurance has been made. Proof of insurance coverage consists of, at a minimum:
(1) the name of the insurer;
(2) the policy number;
(3) an insurance card;
(4) the address to which claims must be mailed;
(5) a description of any restriction on usage including, but not limited to, prior approval for hospital admission and the manner in which to obtain prior approval;
(6) description of all deductibles;
(7) five copies of claim forms.
ARTICLE 11.
DISPOSITION OF CASES BEFORE THE FAMILY COURT
SUBARTICLE 1.
SPECIAL CUSTODY AND VISITATION PROVISIONS
SECTION 20-7-1515. Child’s preference for custody to be considered.
In determining the best interests of the child, the court must consider the child’s reasonable preference for custody. The court shall place weight upon the preference based upon the child’s age, experience, maturity, judgment, and ability to express a preference.
SECTION 20-7-1525. Abolition of “Tender Years Doctrine”.
The “Tender Years Doctrine” in which there is a preference for awarding a mother custody of a child of tender years is abolished.
SUBARTICLE 2.
PRIVATE GUARDIANS AD LITEM
SECTION 20-7-1545. Private guardians ad litem; appointment.
(A) In a private action before the family court in which custody or visitation of a minor child is an issue, the court may appoint a guardian ad litem only when it determines that:
(1) without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem; or
(2) both parties consent to the appointment of a guardian ad litem who is approved by the court;
(B) The court has absolute discretion in determining who will be appointed as a guardian ad litem in each case. A guardian ad litem must be appointed to a case by a court order.
SECTION 20-7-1547. Qualifications; affidavit attesting to qualifications; appointment of attorney for lay guardian.
(A) A guardian ad litem may be either an attorney or a layperson. A person must not be appointed as a guardian ad litem pursuant to Section 20?7?1545 unless he possesses the following qualifications:
(1) a guardian ad litem must be twenty-five years of age or older;
(2) a guardian ad litem must possess a high school diploma or its equivalent;
(3) an attorney guardian ad litem must annually complete a minimum of six hours of family law continuing legal education credit in the areas of custody and visitation; however, this requirement may be waived by the court;
(4) for initial qualification, a lay guardian ad litem must have completed a minimum of nine hours of continuing education in the areas of custody and visitation and three hours of continuing education related to substantive law and procedure in family court. The courses must be approved by the Supreme Court Commission on Continuing Legal Education and Specialization;
(5) a lay guardian ad litem must observe three contested custody merits hearings prior to serving as a guardian ad litem. The lay guardian must maintain a certificate showing that observation of these hearings has been completed. This certificate, which shall be on a form approved by Court Administration, shall state the names of the cases, the dates and the judges involved and shall be attested to by the respective judge; and
(6) lay guardians ad litem must complete annually six hours of continuing education courses in the areas of custody and visitation.
(B) A person shall not be appointed as a guardian ad litem pursuant to Section 20-7-1545 who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person; in Chapter 15 of Title 16, Offenses Against Morality and Decency; in Chapter 25 of Title 16, Criminal Domestic Violence; in Article 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances; or convicted of the crime of contributing to the delinquency of a minor, provided for in Section 16-17-490.
(C) No person may be appointed as a guardian ad litem pursuant to Section 20-7-1545 if he is or has ever been on the Department of Social Services Central Registry of Abuse and Neglect.
(D) Upon appointment to a case, a guardian ad litem must provide an affidavit to the court and to the parties attesting to compliance with the statutory qualifications. The affidavit must include, but is not limited to, the following:
(1) a statement affirming that the guardian ad litem has completed the training requirements provided for in subsection (A);
(2) a statement affirming that the guardian ad litem has complied with the requirements of this section, including a statement that the person has not been convicted of a crime enumerated in subsection (B); and
(3) a statement affirming that the guardian ad litem is not nor has ever been on the Department of Social Services Central Registry of Child Abuse and Neglect pursuant to Section 20-7-650.
(E) The court may appoint an attorney for a lay guardian ad litem. A party or the guardian ad litem may petition the court by motion for the appointment of an attorney for the guardian ad litem. This appointment may be by consent order. The order appointing the attorney must set forth the reasons for the appointment and must establish a method for compensating the attorney.
SECTION 20-7-1549. Responsibilities and duties; submission of briefs.
(A) The responsibilities and duties of a guardian ad litem include, but are not limited to:
(1) representing the best interest of the child;
(2) conducting an independent, balanced, and impartial investigation to determine the facts relevant to the situation of the child and the family. An investigation must include, but is not limited to:
(i) obtaining and reviewing relevant documents, except that a guardian ad litem must not be compensated for reviewing documents related solely to financial matters not relevant to the suitability of the parents as to custody, visitation, or child support. The guardian ad litem shall have access to the child’s school records and medical records. The guardian ad litem may petition the family court for the medical records of the parties;
(ii) meeting with and observing the child on at least one occasion;
(iii) visiting the home settings if deemed appropriate;
(iv) interviewing parents, caregivers, school officials, law enforcement, and others with knowledge relevant to the case;
(v) obtaining the criminal history of each party when determined necessary; and (vi) considering the wishes of the child, if appropriate;
(3) advocating for the child’s best interest by making specific and clear suggestions, when necessary, for evaluation, services, and treatment for the child and the child’s family. Evaluations or other services suggested by the guardian ad litem must not be ordered by the court, except upon proper approval by the court or by consent of the parties;
(4) attending all court hearings related to custody and visitation issues, except when attendance is excused by the court or the absence is stipulated by both parties. A guardian must not be compensated for attending a hearing related solely to a financial matter if the matter is not relevant to the suitability of the parents as to custody, visitation, or child support. The guardian must provide accurate, current information directly to the court, and that information must be relevant to matters pending before the court;
(5) maintaining a complete file, including notes. A guardian’s notes are his work product and are not subject to subpoena; and
(6) presenting to the court and all parties clear and comprehensive written reports including, but not limited to, a final written report regarding the child’s best interest. The final written report may contain conclusions based upon the facts contained in the report. The final written report must be submitted to the court and all parties no later than twenty days prior to the merits hearing, unless that time period is modified by the court, but in no event later than ten days prior to the merits hearing. The ten?day requirement for the submission of the final written report may only be waived by mutual consent of both parties. The final written report must not include a recommendation concerning which party should be awarded custody, nor may the guardian ad litem make a recommendation as to the issue of custody at the merits hearing unless requested by the court for reasons specifically set forth on the record. The guardian ad litem is subject to cross?examination on the facts and conclusions contained in the final written report. The final written report must include the names, addresses, and telephone numbers of those interviewed during the investigation.
(B) A guardian ad litem may submit briefs, memoranda, affidavits, or other documents on behalf of the child. A guardian ad litem may also submit affidavits at the temporary hearing. Any report or recommendation of a guardian ad litem must be submitted in a manner consistent with the South Carolina Rules of Evidence and other state law.
SECTION 20-7-1551. Guardian ad litem as mediator.
A guardian ad litem must not mediate, attempt to mediate, or act as a mediator in a case to which he has been appointed. However, nothing in this section shall prohibit a guardian ad litem from participating in a mediation or a settlement conference with the consent of the parties.
SECTION 20-7-1553. Compensation; factors considered in determining reasonableness; submission of itemized bill; review.
(A) At the time of appointment of a guardian ad litem, the family court judge must set forth the method and rate of compensation for the guardian ad litem, including an initial authorization of a fee based on the facts of the case. If the guardian ad litem determines that it is necessary to exceed the fee initially authorized by the judge, the guardian must provide notice to both parties and obtain the judge’s written authorization or the consent of both parties to charge more than the initially authorized fee.
(B) A guardian appointed by the court is entitled to reasonable compensation, subject to the review and approval of the court. In determining the reasonableness of the fees and costs, the court must take into account:
(1) the complexity of the issues before the court;
(2) the contentiousness of the litigation;
(3) the time expended by the guardian;
(4) the expenses reasonably incurred by the guardian;
(5) the financial ability of each party to pay fees and costs; and
(6) any other factors the court considers necessary.
(C) The guardian ad litem must submit an itemized billing statement of hours, expenses, costs, and fees to the parties and their attorneys pursuant to a schedule as directed by the court.
(D) At any time during the action, a party may petition the court to review the reasonableness of the fees and costs submitted by the guardian ad litem or the attorney for the guardian ad litem.
SECTION 20-7-1555. Disclosure.
A guardian ad litem appointed by the family court in a custody or visitation action must, upon notice of the appointment, provide written disclosure to each party:
(1) of the nature, duration, and extent of any relationship the guardian ad litem or any member of the guardian’s immediate family residing in the guardian’s household has with any party;
(2) of any interest adverse to any party or attorney which might cause the impartiality of the guardian ad litem to be challenged;
SECTION 20-7-1557. Removal.
A guardian ad litem may be removed from a case at the discretion of the court.
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