Volunteer GALs are sometimes confused with private GALs. However, the programs serve unrelated purposes, have different training and regulatory standards, and are governed by separate laws. Here's how they are different:
By state law, every child who is involved in a Department of Social Services abuse and neglect case in South Carolina family court is automatically appointed a GAL by a family court judge.
The Cass Elias McCarter Guardian ad Litem Program recruits, trains, and supervises volunteer GALs in every South Carolina county except Richland, which operates its own Richland County CASA Program.
If a volunteer GAL is not available, a staff member (state employee) from the Cass Elias McCarter Guardian ad Litem Program is assigned to the case.
Volunteer GALs are ONLY appointed when DSS is involved in the case.
Are volunteer GALs paid?
Volunteer GALs are NOT paid for their services. State employees who are assigned a case do not receive additional payment beyond their normal salary. Funding for the Cass Elias McCarter Guardian ad Litem Program is provided by the South Carolina General Assembly.
How are volunteer GALS trained?
Volunteer GALs must:
- Complete an initial 30-hour training program aligned with national standards from the National GAL/CASA organization. The training covers a wide range of topics including how to conduct visits with children, understanding different family structures and cultures, and resources available to help families and children.
- Observe at least one court hearing related to an abuse or neglect case
- Submit practice court reports
- Pass a post-training assessment
- Complete 12 hours of continuing education each year on a variety of topics based on the needs assessed by county directors. Topics typically focus on court report writing, how to properly interview children and parents during the investigation process, the roles and responsibilities of various parties involved in abuse and neglect cases (from DSS, service providers, and other professionals), and confidentiality.
Who oversees volunteer GALs?
Volunteer GALs must:
- Be represented by a licensed attorney in all court proceedings
- Be supervised by GAL Program staff, including advocate supervisors and county directors who provide oversight and support to ensure the GAL's actions align with the standards and protocols provided by the National GAL/CASA Association for Children
- Abide by state law and follow all policies, procedures, and regulations set forth by the South Carolina Department of Children’s Advocacy, the Cass Elias McCarter Guardian ad Litem Program, and National GAL/CASA.
What laws govern volunteer GALs?
The Cass Elias McCarter Guardian ad Litem Program’s guiding legislation is outlined in S.C. Code of Laws Ann. Section 63-11-500 et. seq.
By state law, private GALs may be appointed by the family court in private actions in which custody or visitation of a child is an issue. Also, a private GAL must be appointed for private termination of parental rights actions (those not involving the South Carolina Department of Social Services) and all adoptions.
While most private GALs are licensed attorneys, a law degree is not a requirement.
Private GALs are NOT a part of, regulated by, nor trained through the Cass Elias McCarter Guardian ad Litem program.
Are private GALs paid?
A private GAL appointed by a family court judge is paid for their services, with the rate of payment set by the appointing judge.
How are private GALS trained?
- Lay (non-attorney) GALs must complete an initial 12 hours of education and must observe three contested custody merits hearings (and provide proof upon request). They must also complete six hours of continuing education yearly.
- Attorney GALs must complete six hours of continuing education yearly, although this requirement may be waived.
Who oversees private GALs?
Private GALs are independent contractors with no oversight and no governing body.
What laws govern private GALs?
Legislation governing private GALs is outlined in S.C. Code of Laws Ann. Section 63-3-810 et. seq.