South Carolina Subcommittee approves three key bills on family law and corrections

In a recent meeting of the Domestic Relations Business and Probate Law Subcommittee of the South Carolina Legislature, significant legislative changes were discussed that could impact family law and probate procedures in the state. The meeting, held on April 9, 2025, focused on three key bills aimed at refining legal processes and enhancing protections for vulnerable parties.

The first bill, House Bill 3622, proposes to amend the qualifications for guardian ad litem appointments in private child custody and visitation cases. Under the current law, both licensed attorneys and qualified laypersons can serve as guardians. However, the new legislation would require that guardians in cases where at least one party is represented by an attorney must be licensed attorneys themselves. Lay guardians would only be appointed in cases where both parties are unrepresented, ensuring that those who cannot afford legal representation still have access to support. An amendment to the bill, which was adopted during the meeting, allows for mutual agreement between parties to appoint a lay guardian with court approval, thus providing flexibility in the appointment process.

The second bill, House Bill 3914, seeks to amend the South Carolina probate code by expanding the definition of financial accounts to include patronage capital accounts held by members of electric or telephone cooperatives. This change aims to clarify how these accounts are treated upon a member's death, ensuring that they are governed by the same rules as other financial accounts. This amendment is particularly relevant for individuals with minimal assets, as it simplifies the probate process for small amounts, potentially saving families from unnecessary legal expenses.

Lastly, House Bill 3929 addresses concerns regarding pricing in prison canteens. This bill aims to regulate the prices of items sold in correctional facilities, responding to allegations of price gouging. While the bill does not mandate that prisons implement these regulations, it provides a framework for oversight should they choose to do so. This measure is intended to alleviate financial burdens on inmates and their families, who often face exorbitant prices for basic necessities.

The subcommittee unanimously approved all three bills, signaling a commitment to improving legal protections and processes within South Carolina's family and probate law systems. As these bills move forward, they could significantly influence the accessibility of legal resources for families and individuals navigating complex legal challenges. The next steps will involve further discussions and potential votes in the broader legislative assembly.