Guardian ad litem plan raises concerns

Children’s advocates and the state’s attorney general are concerned about a provision in the proposed state budget that would move the guardian ad litem program to the attorney general.

The guardian program assigns volunteers to advocate for children in abuse and neglect court cases. It would get as much as 60 percent less than the $3 million it got last year under a version of the $5.3 billion state budget passed by the state House of Representatives.

House members moved the program from the governor’s office to the attorney general, partly because guardians ad litem said the program would work better there.

Attorney General Henry McMaster is worried about making the guardian ad litem program work with the money allocated to him in the proposed budget.

McMaster, who has been a guardian ad litem, said he is still dedicated to the 1,500-volunteer program, even if he has to consolidate some of its 30 regional offices and reorganize.

“It’s too important for us not to do all we can to make the guardian ad litem program work and work well,” McMaster said.

But children’s advocates worry that the guardian ad litem program already is so underfunded that it doesn’t have enough staffers to recruit volunteers and manage cases.

Volunteers research a child’s history and talk with teachers and parents. They often learn more about the children they represent than overloaded social workers can.

Advocates also worry housing guardians ad litem under the state attorney general could create a conflict of interest, making a guardian ad litem hesitant to argue what he or she thought was best for a child.

For example, a local solicitor prosecuting a parent might argue a child should be removed from his home at the same time a guardian ad litem, reporting to the state attorney general’s office, was arguing the child should stay with the parent.

“The guardians ad litem are supposed to offer independent legal representation — independent of the state of South Carolina or the parents,” said Jay Elliott, a children’s lawyer who helped write the law creating guardian ad litem. “It’s an unavoidable conflict.”

McMaster said conflicts won’t be a problem and that he will run the program well. “We’re going to make the program work and protect the children of this state.”

In his proposed budget, Gov. Mark Sanford moved the guardian ad litem program to the USC Children’s Law Office, which advocates say is a more neutral home. Others would favor a structure similar to North Carolina’s program, which is under court administrators.

State Rep. Jim McGee, R-Florence, who first asked McMaster to take on the guardian ad litem program, said the attorney general’s office is the best agency to oversee the program.

He said the guardians ad litem he has talked to are unhappy with their situation, tied to the Foster Care Review Board under the governor’s Division of Children’s Services. McGee said everyone he has talked to in the program favors the move to the attorney general’s office.

“Henry enthusiastically took this program when he knew it would cost him money,” McGee said. “I think this is going to be a good fit.”

But some children’s advocates said the state is not giving the program the attention it needs.

“I’d like to see a strong guardian ad litem program with a strong, independent backbone with competent, well-trained volunteers,” said Stacy Lewis, a Rock Hill lawyer, who has worked on guardian ad litem cases.

The state Senate could add more money to the guardian ad litem program — or change the House’s proposal to have the program report to the attorney general — when it takes up the state’s budget later this spring.

Reach Talhelm at (803) 771-8339 or jtalhelm@thestate.com.