South Carolina Code 43-35-240. Appointment of guardian ad litem for abuse, neglect, or exploitation proceedings; criminal background checks
Current as of: 2023 | Check for updates
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(A) An individual may not be appointed as a guardian ad litem for a vulnerable adult in an abuse, neglect, or exploitation proceeding who:
(1) has been convicted of a crime enumerated in Chapter 3 of Title 16, Offenses Against the Person; in Chapter 15 of Title 16, Offenses Against Morality and Decency; in Article 3, Chapter 53 of Title 44, Narcotics and Controlled Substances; in § 43-35-85, Omnibus Adult Protection Act; in Chapter 25 of Title 16, Criminal Domestic Violence; or § 16-17-490, Contributing to the Delinquency of a Minor; or
Terms Used In South Carolina Code 43-35-240
- Abuse: means physical abuse or psychological abuse. See South Carolina Code 43-35-10
- Exploitation: means :
(a) causing or requiring a vulnerable adult to engage in activity or labor which is improper, unlawful, or against the reasonable and rational wishes of the vulnerable adult. See South Carolina Code 43-35-10 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Neglect: means the failure or omission of a caregiver to provide the care, goods, or services necessary to maintain the health or safety of a vulnerable adult including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services and the failure or omission has caused, or presents a substantial risk of causing, physical or mental injury to the vulnerable adult. See South Carolina Code 43-35-10
- Vulnerable adult: means a person eighteen years of age or older who has a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection. See South Carolina Code 43-35-10
(2) is or has ever been on the Department of Social Services Central Registry of Child Abuse and Neglect, the Sex Offender Registry, or listed as "not in good standing" on the Nurse Aide Registry.
(B) A criminal background check must be conducted for each volunteer guardian ad litem as required by the Vulnerable Adult Guardian ad Litem Program.