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S.C. Code Ann. § 63-7-1620

Legal representation of children

Known as the South Carolina Children's Code

The act spans §§ 63-1-10 to 63-9-2290 (451 sections).

Applied in 1 court decision — leading case South Carolina Department of Social Services v. Mary C. (2011)

Most recently applied in South Carolina Department of Social Services v. Mary C. (September 2011)

2008 Act No. 361, SECTION 2; 2008 Act No. 199, SECTION 1; 2010 Act No. 252, SECTION 1, eff June 11, 2010.

In all child abuse and neglect proceedings:

(1) Children must be appointed a guardian ad litem by the family court. A guardian ad litem serving on behalf of the South Carolina Guardian ad Litem Program or Richland County CASA must be represented by legal counsel in any judicial proceeding pursuant to Section 63-11-530(C).

(2) The family court may appoint legal counsel for the child. Counsel for the child may not be the same as counsel for:

(a) the parent, legal guardian, or other person subject to the proceeding;

(b) any governmental or social agency involved in the proceeding;

(c) the child's guardian ad litem.

(3) Parents, legal guardians, or other persons subject to any judicial proceeding are entitled to legal counsel. Those persons unable to afford legal representation must be appointed counsel by the family court.

(4) The interests of the State and the Department of Social Services must be represented by the legal representatives of the Department of Social Services in any judicial proceeding.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.