If enacted, HB 3013 would enhance the vetting process for guardians ad litem, which could lead to improved protection for minors involved in family court cases. The inclusion of a criminal background check aims to ensure that only suitable individuals are appointed, thereby reinforcing the integrity of the family court system. Furthermore, the responsibility of bearing the cost of the background checks falls on the individual seeking appointment, which may deter some candidates from applying, potentially affecting the availability of qualified guardians.
House Bill 3013 seeks to amend the South Carolina Code of Laws concerning the qualifications necessary to serve as a guardian ad litem in private family court cases. This bill introduces a mandatory criminal history background check for individuals seeking to be appointed as a guardian ad litem, ensuring that those with convictions for serious offenses are disqualified from serving in this capacity. Specifically, the bill outlines the types of convictions that would render a person ineligible, focusing on serious crimes related to individuals and children, as well as offenses against morality and decency.
The discussions surrounding HB 3013 have highlighted potential points of contention, particularly regarding the financial burden placed on prospective guardians. Critics may argue that requiring individuals to pay for their background checks could disproportionately affect those who are capable and willing to serve but are unable to absorb such costs. Moreover, while the intent of strengthening the qualifications for guardians ad litem is widely acknowledged, there may be concerns about the implications for the appointment process and who ultimately qualifies to advocate for children in legal proceedings.