Discretionary appointment of counsel

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Legislation, Abuse/Neglect/Dependency - Children

For children in abuse and neglect proceedings, appointment of a guardian ad litem is mandatory but appointment of counsel is discretionary:


In all child abuse and neglect proceedings: (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 Section 63-11-530(C) (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.

S.C. Code Ann. 63-7-1620(1)–(2).

Appointment of Counsel: discretionary Qualified: no