On January 13, 1974, Congress passed the Child Abuse and Treatment Act (CAPTA) which required states to appoint a Guardian ad Litem in all abuse and neglect proceedings in order to receive federal funding and assistance. In response, South Carolina passed the Child Protection Act of 1977 which, pursuant to Section 63-7-1620 of the South Carolina Code of Laws Annotated, now mandates both the appointment of a Guardian ad Litem and an attorney in such cases. To view this statute and related Code sections governing the appointment of Guardians ad Litem in abuse and neglect proceedings, click here.
At the same time as South Carolina passed the Child Protection Act, a judge by the name of David Soukup began experimenting with the use of volunteers in the role of court-appointed Guardians ad Litem in the State of Washington. This decision was based upon Judge Soukup’s desire to have more complete information in the cases over which he was presiding. The concept and use of volunteers in this capacity was so successful that it was ultimately endorsed by the National Council of Juvenile and Family Court Judges.
As a result, other programs were developed across the country that similarly began using volunteers as advocates for children in court. In 1984, the National Court Appointed Special Advocates Association (NCASAA) was established to provide support and technical assistance for existing and developing programs and to ensure quality representation of children by volunteers in court. For more information about NCASAA and the services it provides, click here.
In the same year that NCASAA was born, South Carolina followed the lead of Judge Soukup and other jurisdictions by establishing one of the first state-funded Programs in the nation utilizing volunteers as Guardians ad Litem in abuse and neglect proceedings. Originally funded by a grant from the Joint Legislative Committee on Children, the Program operated out of the University of South Carolina and began its initial operation in four judicial circuits. Through implementation of a five-year plan, the Program was operational in 45 counties in 16 judicial circuits by fiscal year 1988/89.
In 1988, the South Carolina Legislature enacted S.C. Code Section 20-7-121 et seq. (now S.C. Code 63-11-500 et seq.), which governs operation of the Program and establishes parameters for both the appointment and service of volunteer Guardians ad Litem in family court abuse and neglect cases. Now a part of the Division of Children’s Services under the Office of the Governor, the Program has more than 1,300 volunteers serving over 5,000 children. For more information on the Program’s organizational structure, click here.
Volunteer Guardians ad Litem play a critical role on behalf of abused and neglected children across the state by working to protect each child's interests on a case-by-case, county-by-county basis. To view statistical data on the incidence of abuse and neglect in your area of the state, click here.