GAL: Volunteer vs. Private

Volunteer Guardians ad Litem are individuals who have completed mandatory training with the S.C. Guardian ad Litem Program and have been accepted by the Program for appointment in Family Court in DSS initiated actions involving abuse and neglect. These volunteers give freely of their time and are governed by the rules and regulations of the Program, as well as the provisions of S.C. Code Annotated Section 20-7-110, et seq. (1999 Supplement). Click here if you wish to review this legislation. Assistance and supervision of these volunteers is provided by local Program staff, as well as the state office.

On the other hand, private Guardians ad Litem are appointed in other types of cases involving contested issues of custody, visitation, delinquency, and other matters which may be before various courts in this state. There is presently no requirement that these individuals have any training, screening, or background checks prior to assuming their Guardian ad Litem role. Furthermore, these individuals usually charge for their time on a case and their fees are usually paid by the parties involved, either by agreement or court order. The only supervision which they may receive during their involvement with a case is that which may be offered or provided by the court in which they have been appointed.

Unless the matter to which a Guardian ad Litem has been appointed involves an action initiated under the Child Protection Code, there are no rules and regulations that currently govern the appointment. Consequently, both attorneys and non-attorneys who may be appointed to serve as a Guardian ad Litem in private cases often serve in this capacity with little or no training and guidance.

In response to a need to assist such individuals in Family Court, the Children's Committee of the South Carolina Bar Association has put together a booklet which provides guidelines designed to orient both lawyers and non-lawyers to their role. While these guidelines do not constitute a Standard of Conduct for Guardians ad Litem, they were adopted by the South Carolina Bar House of Delegates in 1998 and serve as recommendations for individuals functioning in this role. You may request a copy of these Guidelines by contacting the S.C. Bar Association in Columbia, or review them by clicking here.