2016 South Carolina Code of Laws
Title 63 - South Carolina Children's Code
CHAPTER 7 - CHILD PROTECTION AND PERMANENCY
Section 63-7-1620. Legal representation of children.

SC Code § 63-7-1620 (2016) What's This?

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.

HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 199, Section 1; 2010 Act No. 252, Section 1, eff June 11, 2010.

Effect of Amendment

The 2010 amendment rewrote this section.

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