South Carolina

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

For children in abuse/neglect cases, appointment of a guardian ad litem is mandatory but appointment of counsel is discretionary.

Appointment of Counsel: discretionary Qualified: no

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Adult Protective Proceedings - Proposed Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of an adult protective services proceeding.

Appointment of Counsel: categorical Qualified: no

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All Basic Human Needs

Litigation

Key_development Question_mark

Right to counsel

An appellate court, later affirmed by the high court, held that trial courts have the inherent power to appoint counsel in any civil case.

Appointment of Counsel: discretionary Qualified: no

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel upon request for a minor seeking to bypass parental consent for an abortion.

Appointment of Counsel: categorical Qualified: no

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for subjects of civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for subjects of guardianship proceedings.

Appointment of Counsel: categorical Qualified: no

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Quarantine/Sterilization/Innoculation

Legislation

Key_development Question_mark

Right to counsel - quarantine

There is a right to counsel for subjects of quarantine or isolation.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Confinement

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in South Carolina sexually violent predator commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

South Carolina Sup. Ct.: right to counsel in sex offender commitment cases

02/16/2017

The Supreme Court of South Carolina held there is a constitutional right to appointed counsel in sex offender commitment cases.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

Children may be appointed an attorney in termination of parental rights cases in certain circumstances.

Appointment of Counsel: discretionary Qualified: yes

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

South Carolina court extends statutory right to counsel to private TPR cases

06/03/2013

The SC Supreme Court held that S.C. Code § 63–7–2560 does not distinguish between public and private termination cases, so it applies to both.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

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