Supporters: Children will suffer without state program
By Andrew Dys The Herald

(Published October 6‚ 2003)

For almost 10 years, Beverly Prochaska of Lake Wylie has volunteered to represent children embroiled in the middle of abuse and neglect cases in Family Court.

But if the Guardian Ad Litem program that she gives her time to ceases to exist after January, Prochaska worries the children of South Carolina will suffer.

"If you are in this program, you see how useful it is for these children who need us," Prochaska said. "We do the investigating. We file reports that judges use. The judges need to make a bigger voice."

The program only has enough money earmarked to continue operation until the end of January, according to the Governor's Office, which administers the program. The program has paid administrative staff in all 16 state judicial circuits, and provides training and administrative support for volunteers. However, the paid slots for York, Chester and Lancaster counties are all unfilled after recent resignations.

The program served 8,657 children statewide in 2002, program Public Affairs Director Betsy Chapman said last week. York County had 68 volunteers handle 366 cases. There weren't enough volunteers for another 65 cases, requiring private lawyers be appointed guardians.

However, private lawyers can be paid $40 per hour for their guardian time, said Stacy Lewis, a Rock Hill lawyer who helped lead a fight in 2001 for reform of a different guardian ad litem system in Family Court that involves paid guardians in contested custody cases. State law requires that children be given representation and York County Family Court Judge Henry Woods said judges will have to appoint lawyers if that is the only alternative.

"The burden will fall to the private bar," Lewis said. "Guardians do home visits and school visits. Cases can go on for two, three, even four years. This is a lot different from just showing up for court."

Abuse and neglect cases typically pit the Department of Social Services against accused parents. Those cases are complex and time consuming, said lawyer Spratt White, whose regular job is chief counsel for Comporium Communications. However, as a lawyer in the York County Bar Association, White has been appointed a guardian himself and as an appointed lawyer for guardians.

"Of the lay guardians that I have been in contact with, they have for the most part done a good and thorough job," White said. "DSS might be right, but the parents might be right. It is important that the child's interest be cared for. That is where the guardians come in."

A spokesman for Gov. Mark Sanford said last week that Sanford has instructed his staff to look for money for the program. Rep. Gary Simrill, R-Rock Hill, said he believes the Governor's Office will find a solution before January.

"We will be able to work through this," Simrill said. "What this program provides is invaluable for children and families. This is not a want. This is a need."

Contact Andrew Dys at 329-4065 or mailto:adys@heraldonline.com

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