Posted on Wed, Sep. 07, 2005


Senate panel wants more responsive Family Court system


Associated Press

A state Senate subcommittee met with the public Tuesday to begin sorting through a list of potential problems within South Carolina's Family Court system, including holes in the child guardian system.

Clara Folk of Orangeburg County described herself as a "10-year Family Court litigant" and faults her court-appointed guardian for physical and mental hardships suffered by her children at the hands of her ex-husband. Folk said she now has custody of her son and daughter only because of her own perseverance.

In January, state Chief Justice Jean Toal told members of the South Carolina Bar that she would seek funding for three new Family Court judges.

In her testimony, however, Folk asked lawmakers not to grant Toal's wish yet, saying the current system "has no idea" how best to deal with children.

Toal, who heads the state's judiciary branch, was unavailable for comment Tuesday.

Yanya Summers, a former guardian ad litem in Charleston, said more training should be mandated for practicing attorneys serving as guardians; currently, lawyers attend a one-day training session.

Sara King, also a Charleston child advocate, pushed for a "wrap-around judges" policy, in which the same judge would hear a particular case throughout its consideration to provide continuity in the proceedings.

Sen. Jim Ritchie, the subcommittee chairman, said the panel is working to make the Family Court system "more responsive, less expensive."

On Sept. 19, the group will hear from attorneys, judges, law professors and Bill Byars, a former Family Court judge now overseeing the state's Department of Juvenile Justice.

Ritchie, R-Spartanburg, said he hopes to wrap up the hearings in November and have a package of legislation ready when lawmakers return in 2006.





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