Posts Tagged ‘Department of Social Services’

South Carolina Supreme Court holds family court improperly denied foster parents’ requests to intervene in removal cases

In the November 6, 2019, case of Cooper v. SCDSS, the South Carolina Supreme Court found that the family court had improperly denied Foster Parents’ requests to intervene in DSS removal actions. The two sets of Foster Parents at issue had placement of Mother and Father’s three children (at the time of trial one set […]

It just became a little easier (although still not very easy) to sue DSS in tort

There is a common complaint among attorneys who do appeals that they do not recognize the fact pattern described in their appellate decisions. The belief is that appellate courts sometimes start with the result they want to establish and then highlight facts that would justify that result and ignore or downplay facts that might lead […]

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 […]

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 […]

 

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