(A) There is created the Cass Elias McCarter Guardian ad Litem Program in South Carolina. The program shall 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 63-7-1620. This program must be administered by the Department of Children's Advocacy.

(B) Notwithstanding the provisions of subsection (A), a county providing the guardian ad litem services set forth in subsection (A) prior to the effective date of this act may continue to provide such services, provided the county guardian ad litem program is a member of the National Court Appointed Special Advocate Association. However, a county guardian ad litem program operating pursuant to this subsection must comply with all state and federal laws, even if compliance with state or federal laws would result in the violation of a requirement for membership in the National Court Appointed Special Advocate Association.

HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 288, Section 1; 2010 Act No. 202, Section 1, eff June 3, 2010; 2014 Act No. 121 (S.22), Pt V, Section 7.JJ, eff July 1, 2015; 2018 Act No. 160 (S.805), Section 3, eff July 1, 2019.

Editor's Note

2018 Act No. 160, Sections 18.A and 18.B, provide as follows:

"SECTION 18. A. Where the provisions of this act transfer duties, programs, or services of the Department of Administration to the Department of Children's Advocacy, the employees, authorized appropriations, and assets and liabilities of these divisions, services, and programs also are transferred to and become part of the Department of Children's Advocacy. All classified or unclassified personnel employed by the divisions, programs, services, or initiatives transferred from the Department of Administration, either by contract or by employment at will, become on July 1, 2019, employees of the Department of Children's Advocacy, with the same compensation, classification, and grade level, as applicable. Before the transfer of the applicable divisions, programs, services, or initiatives of the Department of Administration pursuant to this act, these agencies and organizations shall cause all necessary actions to be taken to accomplish this transfer in accordance with state and federal laws and regulations."

"B. Applicable regulations promulgated by the Department of Administration are continued and are considered to be promulgated by the Department of Children's Advocacy. Applicable contracts entered into by the Department of Administration are continued and are considered to be devolved upon the Department of Children's Advocacy at the time of the transfer."

Effect of Amendment

The 2010 amendment, in subsection (A), substituted "Cass Elias McCarter" for "South Carolina" preceding, and substituted "in South Carolina. The program shall" for "to" following, "Guardian ad Litem Program".

2014 Act No. 121, Section 7.JJ, in subsection (A), substituted "Department of Administration" for "Office of the Governor".

2018 Act No. 160, Section 3, in (A), in the third sentence, substituted "Department of Children's Advocacy" for "Department of Administration".