Archive for the ‘Department of Social Services/Child Abuse and Neglect’ Category

Adult protective services opinion has implications for abuse and neglect cases

The April 30, 2014 South Carolina Supreme Court opinion in the case of In the Interest of Jane Doe, 407 S.C. 623, 757 S.E.2d 711 (2014), provides a rare interpretation of South Carolina’s adult protective services statute and may have implications for South Carolina’s child abuse and neglect statutes. Because the probate court handles the appointment of […]

Supreme Court reverses sexual abuse finding based on improperly admitted forensic child interviews

A split decision in the September 25, 2013 South Carolina Supreme Court opinion in SCDSS v. Pringle, 405 S.C. 608, 749 S.E.2d 301 (2013), reserved a finding that father sexually abused his two daughters, holding the family court erred in permitting the playing of videotape forensic interviews of the non-testifying child victims. Father’s two daughters were interviewed by […]

When abuse and neglect and private custody cases overlap

Not infrequently a claim of abuse or neglect against one parent will lead another parent to seek custody.  Other times a private custody case will lead to a referral to the Department of Social Services (DSS), which leads that agency to bring an abuse and neglect proceeding.  Either way, the result is concurrent DSS abuse […]

Supreme Court holds foster parents lack standing to seek or challenge adoption when child is placed with DSS for purpose of placing child for adoption

The March 8, 2013 Supreme Court opinion in Youngblood v. DSS, 402 S.C. 311, 741 S.E.2d 515 (2013), holds that once the South Carolina Department of Social Services is given the legal authority to place a child for adoption, there is no right to judicial review for parties unhappy with DSS’s decision. In Youngblood, the Youngbloods were foster […]

The difficulty of bringing tort claims against the Department of Social Services

On December 2, 2015, the South Carolina Supreme Court reversed this Court of Appeals decision in Bass v. SCDSS.  For further analysis of the Supreme Court opinion: It just became a little easier (although still not very easy) to sue DSS in tort. Last week a colleague of mine told me a story of attending a Charleston Riverdogs […]

Court of Appeals makes minor changes to year-old opinion

Today’s [September 12, 2012] advance sheet notes a refiled opinion in the case of South Carolina Department of Social Services v. Mary C.  Oddly enough this opinion has already been published in South Carolina Reports (396 S.C. 15) and Southeastern Reporter (720 S.E.2d 503).  The published opinion notes that a rehearing was denied on December […]

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, 396 S.C. 390, 720 S.E.2d 920 (Ct. App. 2011), 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 […]

One hundred things I don’t know about South Carolina family law

This blog is inspired by myriad important family law issues that current South Carolina case law and statute don’t adequately answer.  None of these questions is merely academic, as each has come up at least once in my eighteen years of family law practice.  I have firm opinions on the correct answer to some of […]

 

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