South Carolina Code 63-7-1620. Legal representation of children
(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 § 63-11-530(C).
Terms Used In South Carolina Code 63-7-1620
- Child: means a person under the age of eighteen. See South Carolina Code 63-7-20
- Court: means the family court. See South Carolina Code 63-7-20
- Department: means the Department of Social Services. See South Carolina Code 63-7-20
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who legally has the care and management of a child. See South Carolina Code 63-1-40
- Legal Guardian: means a person appointed by the court through the judicial establishment of a legal guardianship to become the caretaker of a child. See South Carolina Code 63-7-20
- Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40
(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.