Posts Tagged ‘Child Abuse and Neglect’

South Carolina Supreme Court holds child abuse examiners are not to be used as expert witnesses

In a criminal appeal that has implications for family law attorneys who defend abuse and neglect proceedings, on August 5, 2015, in the case of State v. Anderson, 413 S.C. 212, 776 S.E.2d 76 (2015), the South Carolina Supreme Court reversed a criminal sexual conduct with a minor conviction because the trial court allowed the forensic […]

Court of Appeals requires DSS to offer mother more treatment

The August 3, 2015 Court of Appeals opinion in SCDSS v. Briggs 413 S.C. 377, 776 S.E.2d 115 (Ct. App. 2015), reverses a family court determination that the South Carolina Department of Social Services (DSS) did not have to offer Mother further services and creating a permanency plan of termination of parental rights (TPR) or relative […]

Court of Appeals highly critical of Charleston County’s Abuse and Neglect proceedings’ procedures

The September 3, 2014 Court of Appeals decision in SCDSS v.  Hogan, 410 S.C. 120, 763 S.E.2d 219 (Ct. App. 2014), is highly critical of the method our county uses to handle abuse and neglect proceedings. It reversed the family court’s determinations that it no longer had jurisdiction to order return of the parents’ children or over […]

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 […]

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 […]

Who buggered my dog?

In the September 21, 2011 Court of Appeals opinion of South Carolina Department of Social Services v. Mary C., 396 S.C. 15, 720 S.E.2d 503 (Ct. App. 2011), a child’s therapist opined that a three-year old’s masturbating and defying her potty training by urinating on the floor were signs of “sexualized behaviors” indicative of sexual abuse. This […]

Can inability to remedy a child’s morbid obesity be considered child abuse or neglect?

Until recently I had been representing the family of a child whose morbid obesity led to repeated Department of Social Services interventions.  His medical doctors could find no organic reason for the child’s morbid obesity and warned he was at high risk of early death or serious health problems unless he lost weight and kept […]

Concerns over incorrect findings in family court sexual abuse allegations

Perhaps because I more typically represent parents than children in family court, I have long been concerned with the risks of incorrect findings that a parent has sexually abused a child–the problem of “false positives.”  The two family court cases that continue to trouble me years after their conclusion both involve fathers who were found […]

 

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