Aiken County Dept. of Social Services v. Wilcox, No. 1627

CourtCourt of Appeals of South Carolina
Writing for the CourtSHAW; SANDERS, C.J., and GOOLSBY
Citation304 S.C. 90,403 S.E.2d 142
PartiesAIKEN COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent, v. David WILCOX and Renee Wilcox, Appellants. In the Interest of Kasha EUBANKS, Freddie Eubanks, Lisa Eubanks. . Heard
Docket NumberNo. 1627
Decision Date11 February 1991

Page 142

403 S.E.2d 142
304 S.C. 90
AIKEN COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent,
v.
David WILCOX and Renee Wilcox, Appellants.
In the Interest of Kasha EUBANKS, Freddie Eubanks, Lisa Eubanks.
No. 1627.
Court of Appeals of South Carolina.
Heard Feb. 11, 1991.
Decided March 11, 1991.

[304 S.C. 91] C. Wesley Smith, Aiken, for appellants.

Assistant Solicitor Brenda K. Todd, Aiken, James D. Mosteller, III, Blackville, for respondent.

Barry H. Johnson, Aiken, Guardian ad Litem.

Page 143

SHAW, Justice:

The Aiken County Department of Social Services instituted this action in family court alleging foster parents, David and Renee Wilcox, abused and neglected a child in their care. The trial judge found Mrs. Wilcox physically abused the child and Mr. Wilcox neglected her by failing to protect her from the abuse. He ordered that the minor child, and her two siblings who had also been placed with the Wilcoxes, remain in the custody of DSS and that they not be placed in the care and control of Mr. and Mrs. Wilcox. The Wilcoxes appeal. We affirm.

In April of 1988, the Wilcoxes became foster parents of three children, Freddie (age 5), Kasha (age 4) and Gina (age 2). Kasha had developmental problems and was diagnosed as suffering from fetal alcohol syndrome. She could not communicate well verbally and had some coordination problems. On July 26, 1988, after an incident in which Kasha was hurt, DSS removed all of the children from the Wilcox home and brought this intervention action. Without reciting all of the testimony from the voluminous record, we note the Wilcoxes take the position Kasha's injuries were caused by two separate incidents, one involving a fall down attic steps and the second involving an accident of unknown origin. It appears to be undisputed that the injuries suffered by Kasha, though not life threatening, were extensive.

[304 S.C. 92] Subsequent to the removal of the children from the Wilcox home, a worker at a home for abused and neglected children, Juanita New, made a list of injuries she observed on Kasha. They included the following:

A bruise on forehead; left eye bloodshot; bruise over left eye; right eye bloodshot and bruised, black in color; scratch over right eye; bruise inside left ear; bruise on left cheek, very touchy; chin had black circle bruise around the chin area; front top tooth missing; gum black and bruised all across the top; bruise on the right side of face; bruise down the side of nose, light in color; cut on the right thumb; bruise on the left top of the pelvic area, round in size; bruise on the right arm, total of 7; 6 bruises...

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25 practice notes
  • Shirley v. Shirley, No. 3233.
    • United States
    • Court of Appeals of South Carolina
    • July 31, 2000
    ...accord great deference to trial court findings where matters of credibility are involved. See Aiken County Dep't of Soc. Servs. v. Wilcox, 304 S.C. 90, 403 S.E.2d 142 (Ct.App.1991). "This is especially true in cases involving the welfare and best interests of children." Id. at 93, 403 S.E.2......
  • Divine v. Robbins, No. 4600.
    • United States
    • Court of Appeals of South Carolina
    • July 28, 2009
    ..."This is especially true in cases involving the welfare and best interests of children." Aiken County Dep't. of Soc. Servs. v. Wilcox, 304 S.C. 90, 93, 403 S.E.2d 142, 144 Mother alleges that Dr. Saylor's conclusions were "carefully constructed" to favor Father, but she has presented no cre......
  • Johnson v. Johnson, 2018-UP-447
    • United States
    • Court of Appeals of South Carolina
    • December 5, 2018
    ...is especially true in cases involving the welfare and best interests of children." (quoting Aiken Cty. Dep't of Soc. Servs. v. Wilcox, 304 S.C. 90, 93, 403 S.E.2d 142, 144 (Ct. App. 1991))); Woodall, 322 S.C. at 10, 471 S.E.2d at 157 ("Furthermore, the appellate court should be reluctant to......
  • Dodge v. Dodge, No. 2831.
    • United States
    • Court of Appeals of South Carolina
    • April 20, 1998
    ...great deference to trial court findings where matters of credibility are involved. See Aiken County Dep't of Social Servs. v. Wilcox, 304 S.C. 90, 403 S.E.2d 142 (Ct.App.1991). This is especially true in cases involving the welfare and best interests of children. I. STANDING The father argu......
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25 cases
  • Shirley v. Shirley, No. 3233.
    • United States
    • Court of Appeals of South Carolina
    • July 31, 2000
    ...accord great deference to trial court findings where matters of credibility are involved. See Aiken County Dep't of Soc. Servs. v. Wilcox, 304 S.C. 90, 403 S.E.2d 142 (Ct.App.1991). "This is especially true in cases involving the welfare and best interests of children." Id. at 93, 403 S.E.2......
  • Divine v. Robbins, No. 4600.
    • United States
    • Court of Appeals of South Carolina
    • July 28, 2009
    ..."This is especially true in cases involving the welfare and best interests of children." Aiken County Dep't. of Soc. Servs. v. Wilcox, 304 S.C. 90, 93, 403 S.E.2d 142, 144 Mother alleges that Dr. Saylor's conclusions were "carefully constructed" to favor Father, but she has presented no cre......
  • Johnson v. Johnson, 2018-UP-447
    • United States
    • Court of Appeals of South Carolina
    • December 5, 2018
    ...is especially true in cases involving the welfare and best interests of children." (quoting Aiken Cty. Dep't of Soc. Servs. v. Wilcox, 304 S.C. 90, 93, 403 S.E.2d 142, 144 (Ct. App. 1991))); Woodall, 322 S.C. at 10, 471 S.E.2d at 157 ("Furthermore, the appellate court should be reluctant to......
  • Dodge v. Dodge, No. 2831.
    • United States
    • Court of Appeals of South Carolina
    • April 20, 1998
    ...great deference to trial court findings where matters of credibility are involved. See Aiken County Dep't of Social Servs. v. Wilcox, 304 S.C. 90, 403 S.E.2d 142 (Ct.App.1991). This is especially true in cases involving the welfare and best interests of children. I. STANDING The father argu......
  • Request a trial to view additional results

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