Jane Doe v. S.C. Dep't of Soc. Servs.

• Decision Date: 30 April 2014
• Docket Number: No. 27385.,27385.
• Citation: 757 S.E.2d 711,407 S.C. 623
• Court: South Carolina Supreme Court
• Parties: In the Interest of Jane DOE,A Vulnerable Adult, Appellant, v. SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Respondent. Appellate Case No. 2013–000944.

407 S.C. 623

757 S.E.2d 711

In the Interest of Jane DOE,¹A Vulnerable Adult, Appellant,

v.SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Respondent.

Appellate Case No. 2013–000944.

No. 27385.

Supreme Court of South Carolina.

Heard Feb. 19, 2014.

Decided April 30, 2014.

Manton M. Grier, Jr., of Nexsen Pruet, LLC of Columbia, for Appellant.

Claude Robin Chandler, of Columbia, for Respondent.

Justice BEATTY.

In this direct appeal, Jane Doe appeals the family court's order declaring her to be a “vulnerable adult” and in need of protective services pursuant to the South Carolina Omnibus Adult Protection Act (“the Act”). ² Doe contends the South Carolina Department of Social Services (“DSS”) failed to prove that she is a vulnerable adult ³ at substantial risk of neglect ⁴ due solely to her advanced age. Doe seeks reversal of the family court's order so that she may be released from involuntary protective custody and returned to her home. Because we find that Doe did not meet the statutory definition of a vulnerable adult under the Act, we reverse. However, because there may have been significant changes to Doe's physical and mental health and to the condition of Doe's home during the pendency of this appeal, we remand the case in order for the family court to conduct a review hearing to assess the current status of Doe's case.

I. Factual/Procedural History

In 1993, the General Assembly promulgated the Act to establish a system to protect vulnerable adults in South Carolina from abuse, neglect, and exploitation. Act No. 110, § 1, 1993 S.C. Acts 257. The Act is intended to address the continuing needs of vulnerable adults and to provide services in the least restrictive setting possible. S.C.Code Ann. § 43–35–5 (Supp.2013); Williams v. Watkins, 379 S.C. 530, 665 S.E.2d 243 (Ct.App.2008). The Act identifies the appropriate investigative entities ⁵ and clarifies the roles and responsibilities of the agencies involved in the system. Id. §§ 43–35–15 to –20. The Act further provides procedures for reporting, investigating, and adjudicating criminal and noncriminal allegations of adult abuse, neglect, and exploitation. Id. §§ 43–35–25 to –85.

On July 31, 2012, pursuant to the Act, deputies with the Richland County Sheriff's Department investigated a report ⁶ involving Doe, an eighty-six-year-old woman who lives alone, is without family support, and suffers from a heart condition.⁷ When they arrived, Doe refused to allow the deputies to enter her home and, in fact, had barricaded the windows and the doors for “security purposes.” The deputies, however, were able to observe that the home was “in an unsanitary and deplorable condition.” Specifically, the deputies noticed a hole in the roof and that there was a hose running from Doe's home to a neighbor's home, which provided the only source of water. As they peered through the windows of Doe's home, the deputies saw mold on the window curtains and piles of items on the floor giving the appearance that Doe was a “hoarder.” Based on their investigation, the deputies placed Doe in emergency protective custody and transported her to the hospital. ⁸

Immediately thereafter, the Richland County Sheriff's Department notified the Adult Protective Services Program of DSS in Richland County regarding its decision to remove Doe from her home.⁹ On August 1, 2012, DSS filed a petition in family court ¹⁰ seeking a determination that Doe was a vulnerable adult within the meaning of the Act because, as a consequence of the condition of her home, she was in substantial danger of abuse, neglect, or exploitation. Because DSS believed Doe was in need of protective services,¹¹ it requested the court grant protective custody of Doe to DSS.

The same day, the family court held a hearing on the petition. On August 7, 2012, the court issued a 72–Hour–Hearing Order ¹² wherein it found there was probable cause for law enforcement to take Doe into emergency protective custody. The court also scheduled a merits hearing for September 6, 2012 and ordered a guardian ad litem (GAL) to be appointed for Doe as well as counsel for both Doe and the GAL. Additionally, the court ordered Doe's social security benefits or her funds to be redirected to pay for her care at Carson's Community Care Home where DSS had placed Doe.¹³

After granting four continuances, the family court held a merits hearing on March 25, 2013.¹⁴ At the hearing, DSS presented the report of Dr. Marc Harari, a licensed counseling psychologist, who evaluated Doe on March 21, 2013. Based on his assessment, Dr. Harari concluded that Doe possessed a “sound mental status” as Doe was logical and coherent in her responses, fully oriented and in contact with reality, exhibited excellent long-term memory skills, and was fully aware of the situational circumstances resulting in the involvement of DSS. He also assessed Doe's cognitive ability to be within the “Low–Average range.” Although Doe demonstrated some hearing problems, Dr. Harari found she responded appropriately when the examiner and testing assistant spoke loudly. Dr. Harari, however, reported that Doe underwent open heart surgery in 2003, continues to receive medical treatment to address cardiac functioning, and takes medication for arthritis and eye problems. Dr. Harari did not discern that Doe had any obvious mental health issues other than situational anxiety related to her desire to resume living at home.

Ultimately, Dr. Harari concluded that Doe appeared to have “the minimum levels of competency to function independently” as there was no evidence of dementia, severe emotional issues, or obvious physical limitations. Despite this conclusion, Dr. Harari noted his concerns regarding Doe's self-admitted lack of finances needed to repair her home, her limited social support system other than members of her church and a neighbor, and her need for continued medical monitoring due to her medical conditions and advanced age. If the court determined that Doe could return home, Dr. Harari recommended that DSS maintain an open treatment case to ensure Doe's home was repaired and that Doe interacted with peers to alleviate Doe's feelings of isolation.

Although counsel for DSS acknowledged Dr. Harari's conclusion regarding Doe's competency, he emphasized Doe's advanced age, medical issues, and the condition of Doe's home. Specifically, counsel noted that Doe had a minor heart condition and hypertension, but conceded there is “nothing in [the record] to indicate that chronic medical needs are not being addressed.” Counsel also admitted there was “very little evidence to establish the threshold [determination] that she's a vulnerable adult.” Due to this “scintilla of evidence,” counsel stated he had debated whether to ask the court to dismiss the petition filed by DSS.

In response, Doe's counsel disputed the claim that Doe qualifies as a vulnerable adult due solely to her advanced age because Doe had been deemed competent by Dr. Harari. Counsel also described Doe as a “fiercely independent” woman who wanted to return to the home that she had lived in since 1967 and did not want any of the services provided by DSS.

The GAL's counsel indicated that the GAL was reticent to make a recommendation as to whether Doe met the statutory definition of a vulnerable adult given the lack of supporting evidence and limited case law interpreting the Act. However, counsel acknowledged that, pursuant to the Act, Doe would have to be deemed a vulnerable adult in danger of neglect in order for DSS to provide Doe with the necessary services to address her unfavorable living conditions.

When questioned by the court about the current state of her home, Doe replied that the hole in the roof had been patched and there was no longer a leak in the house. She further explained her water had been turned off due to a dispute with the water company over an outstanding bill. However, Doe stated she had since paid the bill and could now request to have the water turned back on. DSS could not confirm the current state of Doe's home because Doe had refused to let the caseworker enter the home and DSS had not procured an inspection warrant.¹⁵

On March 28, 2013, the court issued a written order that confirmed the oral ruling delivered at the conclusion of the hearing. The court found Doe met the statutory definition of a vulnerable adult because “due to the infirmities of aging, she cannot fully and completely provide for her own safety.” The court noted that the condition of Doe's home “played a major role in her being taken into emergency protective custody.” Although the court acknowledged Doe has the “minimum levels of competency to function independently,” it relied on Dr. Harari's finding that Doe requires medical monitoring given Doe's medical conditions and advanced age. Additionally, the court concluded Doe was in need of protective services based on Dr. Harari's suggestion of an open treatment case to ensure that the essential repairs were made to Doe's home.

As a result of these findings, the court ordered DSS to provide Doe with the necessary services to make Doe's home habitable. Specifically, the court ordered for: (1) the water supply to be reconnected; (2) the house to be “subjectively clean,” which meant “clean within a reasonable degree” not necessarily “perfectly clean”; (3) electrical power to be supplied, if not already, to the house; (4) the heating system to be operational; (5) an air conditioning system, if in place, to be operational; and (6) the house to have adequate food and cleaning supplies. The court instructed that Doe should remain in the custody of DSS until each item had been completed. Upon completion, Doe could return home but DSS was ordered to “monitor the home in compliance with its policy.” Finally, the court scheduled a hearing on June 20, 2013, at which time the court would review the progress of the home repairs and determine whether Doe was financially capable of paying for the...