Dorchester County Dept. of Social Services v. Miller, 2576

• Citation: 324 S.C. 445,477 S.E.2d 476
• Decision Date: 14 October 1996
• Docket Number: No. 2576,2576
• Court: South Carolina Court of Appeals
• Parties: DORCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent, v. Angela MILLER, natural mother; David Miller, natural father; Johnny Lloyd, natural father, Defendants, of whom Angela Miller is Appellant. Jessie RICE and Delores Rice, Respondents, v. Angela MILLER, Johnny Lloyd, David Miller, Jerome Pinckney and Dorchester County Department of Social Services, Defendants, of whom Angela Miller is Appellant.

Page 476

477 S.E.2d 476

324 S.C. 445

DORCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent, v. Angela MILLER, natural mother; David Miller, natural

father; Johnny Lloyd, natural father, Defendants,

of whom Angela Miller is Appellant.

Jessie RICE and Delores Rice, Respondents, v. Angela MILLER, Johnny Lloyd, David Miller, Jerome Pinckney and Dorchester County Department of Social

Services, Defendants,

of whom Angela Miller is Appellant.

No. 2576.

Court of Appeals of South Carolina.

Submitted Sept. 10, 1996.

Decided Oct. 14, 1996.

Frank M. Cisa, Mt. Pleasant, for appellant.

Gina J. McAlhany, Summerville, for respondent Dorchester County Department of Social Services.

Patricia O. DeTreville, Charleston, for respondents Jessie and Delores Rice.

ANDERSON, Judge:

In this case, the family court judge conducted a judicial review hearing to review the status of Shaniqua Lashia Semento, Shequana Miller, and Shia Erra Miller, children who had been removed from the custody of their mother, Angela Miller (Mother), by the Department of Social Services. Miller appeals the family court judge's order finding there was no need to have a treatment plan which addressed the possibility of reunification of Mother with Shaniqua and Shequana. We affirm. ¹

FACTS/PROCEDURAL BACKGROUND

On May 26, 1989, Mother gave birth to Shaniqua Lashia Semento. When Shaniqua was approximately two months old, she was removed from Mother's home and placed into the foster care system because of an incident of "Shaken Baby Syndrome" suffered while in Mother's care. As a result of this incident, Shaniqua suffered permanent brain damage, cerebral palsy, and seizures. Upon release from intensive care for treatment of her injuries, Shaniqua was placed in the foster home of Delores and Jessie Rice. Shaniqua, a special needs child who requires special attention, remained with the Rices for approximately two years. During the two years Shaniqua was in the Rices' care, Mother completed a treatment plan prescribed by the Dorchester County DSS. The plan involved an evaluation, counseling, parenting classes, job training, homemaker aide services, and assistance in finding an apartment. In September of 1991, following her completion of the treatment plan, Mother received custody of Shaniqua.

On November 9, 1991, Shequana Miller was born. At the time, Mother was married to David Miller. In early 1992, Mother took Shaniqua and Shequana to New York where In July of 1992, both children were removed from Mother's care by the Orange County DSS in New York. At the time of their removal, Shaniqua had been beaten over 95% of her body and had cigarette burn scars on her back. Additionally, Shequana had a broken nose. Mother testified she had spanked Shaniqua with a belt once for attempting to shove cocoa butter down Shequana's throat. Mother acknowledged Shaniqua had bruises and welts on her legs and back. However, Mother denied Shaniqua had cigarette burns on her back and attributed the scars to ringworm scars. Mother and Edward Tuyman were both charged with assault. Mother pled guilty to one of the assault charges and received a three year sentence of probation.

Mother lived with Edward Tuyman, an unrelated male.

Subsequently, the Orange County family court found the children had been neglected and ordered the removal of Shaniqua and Shequana from Mother's custody and their placement in the foster care system. The Orange County DSS formulated a treatment plan for Mother. The plan required a psychiatric evaluation, counseling, parenting classes, and Mother's cooperation with a parent aide. With the exception of counseling, Mother completed the treatment plan before she returned to Dorchester County on April 9, 1993.

On May 27, 1993, Shaniqua and Shequana returned to Dorchester County and were placed with the Rices, who had contacted DSS in New York to set up the arrangement. At the time of their return to the Rices' home, Shaniqua had regressed emotionally and physically. Further, she was hostile, hyperactive, self-mutilating, and cruel to the other children in the home, including Shequana.

Dorchester County DSS supervised these children while in the Rices' home although legal custody remained with DSS in New York. Dorchester County DSS accepted legal custody of Shaniqua and Shequana on April 8, 1994. During this time, Mother engaged in weekly visitation under DSS supervision.

Mother has received a psychiatric evaluation, transportation to and from visitation and job interviews, counseling, assistance with housing, and assistance with the cost of food, clothing, and other necessities for the children. The children have been upset by the ongoing contact with Mother. Shaniqua's anxiety reached the point where her schoolwork was adversely affected due to the disruptive behavior she would exhibit for several days prior to and following visitation.

In January of 1994, Mother gave birth to Shia Erra Miller, whose father is Timothy Benjamin. On January 21, 1994, Dorchester County DSS filed a complaint, seeking to intervene to protect Shia Erra from threat of harm in light of the history of physical abuse of the two older children while in Mother's custody. On January 24, 1994, an ex parte order was issued removing Shia Erra from Mother's care.

The Rices filed a motion seeking to intervene and a private adoption action seeking to terminate parental rights, which would enable them to adopt Shaniqua and Shequana. Pursuant to the Rices' motion, a hearing was held on May 26, 1994. By order dated June 20, 1994, the family court judge consolidated the cases of Shaniqua and Shequana, permitted the Rices to intervene, continued the services of the children's appointed Guardians ad Litem, appointed a supervising therapist for Shaniqua and Shequana, and added Jerome Pinckney, the putative natural father, as a defendant.

The judge also ordered:

that all parties be, and all parties hereby are, restrained from providing or obtaining any therapy or therapeutic services for Shaniqua Semento and Shequana Miller until such time as a treatment plan shall be approved in this matter, including but not limited to their participation in "reunification" or "family preservation" programs....

Pursuant to this order, a treatment plan dated July 19, 1994, was put into effect regarding Shaniqua and Shequana.

In an order dated July 7, 1994, the family court judge addressed DSS's motion to intervene to protect Shia Erra. The court approved Subsequently, the Rices filed a motion for judicial review. On January 26, 1995, the family court judge held a hearing on the two cases involving two actions: one brought by DSS against Mother in the interest of the three children and the other brought by the Rices. On that date, the trial judge approved an agreement awarding custody of Shia Erra to the child's paternal grandmother. Therefore, Shia Erra is not involved in this appeal.

a treatment plan formulated by DSS, which required: 1) Mother to continue counseling with Rick Lawhon until released, 2) Mother to accept a referral to a women's therapy group as soon as an opening became available, 3) Mother to have a complete psychological evaluation by a licensed clinical psychologist and to follow any and all recommendations for treatment until she is released, 4) Mother to accept a referral to an Anger Management Therapy Program and remain in treatment until released by the therapist. The judge combined all of the cases open on Mother. In his order, the judge further stated "[Mother] shall attend and successfully complete any and all aspects of the treatment plan which is made part of this case."

At the hearing, Delores Rice testified that when Shaniqua and Shequana returned in May of 1993, Shaniqua was not the same child as when she left. Shaniqua was very violent and aggressive; she bit; she was not as affectionate; and she did not trust adults. During this time, Mother had visited weekly with the children for approximately two hours at the DSS office. At first Shaniqua wanted to go with Mother, but when she returned from the visit she was violent, aggressive, defiant, and would hit everyone in the house. Recently Shaniqua did not want to go, and as a result, became "real clinging." Furthermore, Shaniqua's behavior and problems have affected her school work.

Carol Seltzer, the Guardian ad Litem, became involved in the case beginning May 1994. She observed the children with the Rices on one occasion and felt they appeared to be thriving. She saw the children with Mother at DSS on three occasions. However, because Mother would not speak with her, Seltzer did not form an opinion as to the potential for Mother to be reunited with the children. Seltzer stated she needed to speak with Mother in order to conduct an investigation. Based on her discussion with the children's therapist, the individuals at the children's school and day care, and her observations of the children, Seltzer recommended that Mother no longer have visitation. Mother had not continued to receive counseling as ordered by the family court.

At the time of this hearing, Lavern Martin, a foster care caseworker for DSS, had been involved in this case for approximately one year. She prepared the treatment plan that was submitted to the court the day of the hearing. A previous treatment plan, dated February 21, 1994, had been formulated by the previous caseworker. The February 1994 treatment plan contained recommendations for Mother to follow so she could be reunited with the children.

By order dated February 25, 1995, the court found there was no need to have a treatment plan addressing the possibility of reunification of Mother and the two older children because such reunification was contrary to the best interests of the children. The judge stated in part:

[T]his is a situation involving serious and chronic abuse, a pattern persisting after intervention and after the completion by the mother of two separate Treatment Plans...