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H 3622

Private Guardians ad Litem

2025-2026 Regular Session Introduced by Gil Gatch

Establishes standards and qualifications for guardians ad litem in private custody cases, detailing when attorneys or lay GALs may be appointed, with training and attestations.

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 3622

Bill summary — H 3622 (as provided)

Note up front: the materials supplied for H 3622 contain mixed and duplicated text from two different topics and jurisdictions — a South Carolina statutory amendment regarding private guardians ad litem (custody/visitation cases) and an unrelated Massachusetts docket fragment about motorcycle protective headgear. The summary below focuses on the substantive provisions for guardians ad litem (the title you provided). I also note the procedural items supplied and flag inconsistencies; please verify with the official legislative website for the bill’s authoritative text and status.

Short title / purpose

An Act to establish standards and qualifications for guardians ad litem (GALs) in private custody or visitation cases — clarifying when an attorney or a layperson may be appointed and setting training, experience, disqualification, and reporting requirements.

Key provisions (substantive)

  • Types of GALs: A guardian ad litem may be either an attorney or a layperson, but appointment rules differ depending on case circumstances.
  • Baseline qualifications for any GAL:
    • Minimum age: 25 years or older.
    • Education: high school diploma or equivalent.
  • Attorney GALs:
    • Generally must be an attorney licensed in the state with a license in good standing.
    • Must complete at least 6 hours annually of family-law continuing legal education (CLE) in custody/visitation areas (court may waive this requirement).
  • Lay GALs (requirements when permitted):
    • Initial training: at least 9 hours of continuing education in custody/visitation plus 3 hours on substantive family court law and procedure (courses approved by the state Supreme Court Commission on CLE & Specialization).
    • Observational experience: must observe three contested custody merits hearings before serving; must obtain a certificate (form approved by Court Administration) listing cases, dates, judges, attested by the judges.
    • Ongoing training: at least 6 hours annually of continuing education in custody/visitation.
    • When permitted: the text permits appointment of a lay GAL when both parties are unrepresented; otherwise attorney GALs are required.
  • Disqualifications:
    • Individuals convicted of certain offenses may not be appointed (enumerated categories include offenses against the person, morality and decency, criminal domestic violence, specified narcotics/controlled substances offenses, or contributing to the delinquency of a minor).
    • No person may be appointed if listed on the Department of Social Services Central Registry of Abuse and Neglect.
  • Attestation/affidavit:
    • Upon appointment, the GAL must file an affidavit with the court and parties attesting to compliance with statutory qualifications, non-conviction of enumerated crimes, and not being on the child abuse/neglect registry.
  • Court-appointed counsel for GALs:
    • The court may appoint counsel to represent a lay GAL; parties or the GAL may move for such appointment. The appointment order must state reasons and a method for compensating the attorney.
  • Effective date:
    • The act takes effect upon approval by the Governor (i.e., upon enactment).

Who is affected

  • Parents/parties in private custody or visitation disputes.
  • Guardians ad litem (both attorney and lay GAL candidates) — their training, eligibility, and ongoing obligations.
  • Family courts (for screening, appointment, oversight, and ensuring affidavits).
  • Court Administration and the Supreme Court Commission on CLE & Specialization (for course approval and forms).
  • Department of Social Services (central registry checks).
  • Attorneys who may be appointed to represent GALs.

Procedural / timeline notes and data issues

  • The supplied legislative actions include dates from Dec 2024 through Oct 2025 (prefiled 12/12/2024; introduced/read jan 14/2025; referred to Committee on Judiciary 1/14/2025; additional entries show referral to Transportation 2/27/2025 and several hearings scheduled for Oct 2025). These entries appear inconsistent (committees differ, hearings listed later in 2025).
  • The bill text in the packet duplicates the guardians ad litem language and also contains an unrelated Massachusetts draft amending Chapter 90 (motorcycle protective headgear) — that appears to be included in error and is not related to the GAL provisions.
  • Recommendation: consult the official legislative docket/website for H 3622 in the relevant jurisdiction to confirm the final text, the correct committee referral, and current status.

If you want, I can: (a) produce a one-page briefing targeted to judges and court administrators summarizing implementation tasks; (b) extract the statutory changes as redline-ready language; or (c) check and summarize the official bill page if you provide a link.

Compiled from official sources — confirm details with the bill’s official record.

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