Archive for the ‘Adoption/Termination of Parental Rights’ Category

In disputes between biological parents and third-parties, we don’t want decisions to be based on “the best interests of the child”

A review of the excellent news reporting from Allyson Bird at the Charleston Post and Courier, regarding the adoption case involving two year-old, Veronica, her prospective adoptive parents, Matt and Melanie Capobianco, and her Cherokee birth father, Dusten Brown, demonstrates a misunderstanding when a “best interests of the child” standard is applicable.  For custody cases [...]

Court of Appeals reverses permanency plan of termination of parental rights where Mother remedied conditions that led to removal

In the December 16, 2011 opinion in SCDSS v. Mother and Father, the Court of Appeals reversed a family court permanency planning order requiring the Department of Social Services (DSS) to bring a termination of parental rights (TPR) action against Mother and instead ordered the matter remanded for a reunification plan. This case started when [...]

Supreme Court reverses termination of parental rights where father not responsible for numerous court delays

The October 3, 2011 Supreme Court opinion in Charleston County DSS v. Marccuci reverses a family court order terminating Sean Taylor’s (Father’s) parental rights.  The reversal is based, in a large part, upon a convoluted procedural history that mitigated the grounds upon which the lower court based the termination of parental rights (TPR). The procedural [...]

Supreme Court grants termination of parental rights, finding mother’s failure to support was “willful”

In SCDSS v. M. R. C. L., 393 S.C. 387, 712 S.E.2d 452 (2011), it took the South Carolina Supreme Court less than a year to reverse the Court of Appeals’ opinion, 390 S.C. 329, 701 S.E.2d 757 (Ct. App. 2010), which itself reversed a family court grant of termination of parental right against a mother whom the [...]

In 3-2 decision, Supreme Court takes narrow view of unwed father’s parental rights

The creation of parental rights and responsibilities for unwed fathers are hardly reciprocal.  The state, the mother, or the child’s guardian can come after an unwed father at any point to seek child support.  Age 17? Sure.  Even after the child is an adult if that child has physical or mental disabilities.  In contrast, an [...]

Monthly visits and small gifts sufficient to prevent termination of parental rights says Court of Appeals

Note: this decision was later reversed by the South Carolina Supreme Court.  See, Supreme Court grants termination of parental rights, finding mother’s failure to support was “willful” Today’s 2-1 decision in SC Department of Social Services v. M. R. C. L., 390 S.C. 329, 701 S.E.2d 757 (Ct. App. 2010), reversed a family court ruling terminating [...]

Recent changes to South Carolina “Child Protection and Permanency” statute make it harder for parents to obtain return of their children

On May 12, 2010, South Carolina enacted Senate bill 1172, which makes changes to the Child Protection and Permanency statute.  Among the highlights: The revisions limits when the Department of Social Services (DSS) will be required by the family court to make “reasonable efforts to preserve or reunify a family.” S.C. Code § 63-7-1640. It [...]

Supreme Court reverses Court of Appeals and affirms the Family Court’s termination of father’s parental rights

Today’s Supreme Court opinion in Doe v. Roe, 386 S.C. 624, 690 S.E.2d 573 (2010), reverses the Court of Appeals and affirms the Family Court’s termination of Father’s parental rights when Father waited until daughter was nine months old before seeking to establish his parental rights.  Justice Pleicones dissented, finding that “the Court of Appeals correctly [...]