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

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 [...]

Should fathers of children born out-of-wedlock have rights and obligations towards those children?

The goal of this blog is not to offend but merely to establish the following three points about the current system in which fathers of illegitimate children can demand visitation and custody rights and have imposed upon them the financial responsibilities of parenthood: 1) The current system is neither “natural” nor “uniform through history” but [...]

South Carolina’s new Responsible Father Registry

Beginning January 1, 2010, South Carolina implemented a Responsible Father Registry.  S.C. Code Ann. § 63-9-820.  This registry is designed to allow men who have potentially fathered a child to register as the child’s possible father.  The purpose of the registry is to simplify notice requirements for termination of parental rights and adoptions proceedings. With [...]

Former foster parents who declined to adopt child lack standing to bring subsequent adoption proceeding; Judge Lockemy concerned that DSS deceived foster parents

The Court of Appeals’ decision in Michael P. v. Greenville County Department of Social Services, 385 S.C. 407, 684 S.E.2d 211 (2009), has all the makings of an excellent melodrama [government malfeasance; lesbian adoption] buried within a decision over standing–the right of a person to bring a particular lawsuit. In Michael P., DSS placed a child with [...]

Minimum contacts personal jurisdiction analysis not applicable to contested multi-state adoption action

The July 13, 2009 Court of Appeals decision in Brookshire v. Blackwell, 384 S.C. 333, 682 S.E.2d 295 (Ct.App. 2009) clarifies personal and subject matter jurisdiction analysis as it regards multi-state adoption action. In this case the Brookshires, South Carolina residents, were awarded custody of the Blackwells’ children by the Alabama Courts.  The Brookshires then filed an adoption [...]