Subcommittee backs bill requiring SLED checks, annual affidavit for guardians ad litem

House Bill 30 13, sponsored by Representative Robbie Robbins, received a favorable report Tuesday from the Domestic Relations, Business and Probate Laws Subcommittee after members adopted an amendment that requires criminal-history screening for individuals appointed as guardians ad litem in private family-court cases.

The bill, as explained by Chair Beth Bernstein, would amend Section 63-3-820 to require a person appointed as a guardian ad litem to undergo a criminal-history background check conducted by the South Carolina Law Enforcement Division (SLED) before appointment and to file an affidavit with the court that includes a copy of that check. Under the bill, the individual seeking appointment would pay the associated cost.

Representative Robbie Robbins said the bill grew from a constituent concern about a lay guardian whose prior record was not disclosed. "It was an actual case where a lay guardian had a prior record that was not disclosed and the litigant was displeased to learn that the record also was similar to some of the allegations that were going on in the case itself," Robbins said.

Representative David Martin offered an amendment to reduce the burden on frequent volunteer guardians: instead of requiring a new SLED check for each appointment, lay guardians would submit a once‑a‑year SLED background check valid for 365 days and file that check with the court; they also would have an affirmative duty to notify the court if charged with a qualifying offense during that period. Martin characterized the change as providing "a little bit of financial comfort for some of these guardians, especially the guardians that are on a volunteer assignment," while preserving protections for parties in family-court cases.

Representative Val Guest noted the SLED check fee is modest: "there's only it's only a $25 cost to the person who had that background check run," she said, arguing the requirement should not be burdensome. Representative Paula Calhoun sought scrivener corrections and clarified the reporting obligation applies to charges that occur after the background check.

The committee adopted Representative Martin's amendment by voice vote and then ordered a roll call. The clerk recorded votes from Representatives Bernstein, Calhoun, Guest, King and Martin — all voting aye. With a vote of 5–0, House Bill 30 13 received a favorable report from the subcommittee as amended.

The bill now moves to the next steps in the legislative process; the subcommittee did not take further action beyond the favorable report.