Guardians ad Litem

2025-2026 Bill 3013: Guardians ad Litem - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 3013
STATUS INFORMATION
General Bill
Sponsors: Reps. Robbins, Pope, Pedalino, McCravy, W. Newton, C. Mitchell, Govan, Erickson, Bradley and Gibson
Document Path: LC-0082VR25.docx
Introduced in the House on January 14, 2025
Introduced in the Senate on April 1, 2026
Last Amended on March 31, 2026

Currently residing in the Senate Committee on
Judiciary
Summary: Guardians ad Litem
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/5/2024

House

Prefiled

12/5/2024

House

Referred to Committee on
Judiciary

1/14/2025

House

Introduced and read first time (
House Journal-page 67
)

1/14/2025

House

Referred to Committee on
Judiciary
(
House Journal-page 67
)

3/25/2026

House

Member(s) request name added as sponsor: C. Mitchell

3/26/2026

House

Committee report: Favorable with amendment
Judiciary
(
House Journal-page 6
)

3/31/2026

Scrivener's error corrected

3/31/2026

House

Member(s) request name added as sponsor: Govan,
Erickson, Bradley, Gibson

3/31/2026

House

Amended (
House Journal-page 279
)

3/31/2026

House

Read second time (
House Journal-page 279
)

3/31/2026

House

Roll call Yeas-112 Nays-0 (
House Journal-page 280
)

4/1/2026

House

Read third time and sent to Senate (
House Journal-page 18
)

4/1/2026

Senate

Introduced and read first time (
Senate Journal-page 17
)

4/1/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 17
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/05/2024
03/26/2026
03/31/2026
03/31/2026-A

Indicates Matter Stricken

Indicates New Matter

Amended

March 31, 2026

H. 3013

Introduced by Reps. Robbins, Pope, Pedalino,
McCravy, W. Newton, C. Mitchell, Govan, Erickson, Bradley and Gibson

S. Printed 3/31/26--H.

Read the first time January 14, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
63-3-820
, RELATING TO QUALIFICATIONS TO SERVE AS A GUARDIAN AD LITEM IN
PRIVATE FAMILY COURT CASES, SO AS TO REQUIRE A CRIMINAL HISTORY BACKGROUND
CHECK TO SERVE AS A GUARDIAN AD LITEM.

Amend Title To Conform

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
63-3-820
(B) and (D) of the S.C. Code is
amended to read:

(
B)
(
1)
A person shall not be appointed as a guardian ad litem
pursuant to Section
63-3-810
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
.

(
2) A lay guardian ad litem appointed
pursuant to Section
63-3-810
, appointed in matters involving the Department of
Social Services, or appointed under any other provision of state law related to
guardian ad litem appointments must undergo an annual criminal history
background check conducted by the South Carolina Law Enforcement Division. This
background check must be submitted in compliance with subsection (D) prior to
each and every appointment as a lay guardian ad litem under any provision of
state law. Costs of conducting each criminal history background check must be
borne by the individual seeking to be appointed as the guardian ad litem.

Such
costs may not be assessed to, reimbursed by, or otherwise paid by any party to
the action.

(
3) The criminal history background
check shall be valid for three hundred sixty-five days from the date of
issuance and shall satisfy the requirements of this section for any appointment
occurring within that time period.

(
4) All guardians ad litem subject to
subsection (B)(2) have an affirmative duty to immediately notify the court and
the parties if, during the pendency of any appointment, the guardian ad litem
is arrested for or charged with any offense enumerated in subsection (B)(1).
Upon such notification, the court shall review the continued eligibility of the
guardian ad litem to serve in the matter. Failure to comply with the
notification requirement constitutes grounds for removal and may subject the
guardian ad litem to contempt of court.

(
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
a copy of the criminal history background check from the South Carolina Law
Enforcement Division obtained pursuant to 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 Subarticle 13, Article 3, Chapter 7.

S
ECTION 2. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on March 31, 2026 at 7:09 PM