Joiner v. Rivas
Citation | 536 S.E.2d 372,342 S.C. 102 |
Decision Date | 15 August 2000 |
Docket Number | No. 25186.,25186. |
Court | South Carolina Supreme Court |
Parties | Karen JOINER as Guardian ad Litem for Robert Alex RIVAS, Petitioner, v. Delores RIVAS and South Carolina Department of Social Services, Defendants, Of whom Delores Rivas is, Respondent. In the Interest of Robert Alex Rivas DOB: 11/26/93, Minor under the age of eighteen (18) years. |
Simpson Z. Fant, of Nelson Mullins Riley & Scarborough, of Columbia, for petitioner.
David S. Hipp, of Dooley, Spence, Parker & Hipp, and Patrick J. Frawley, of Nicholson, Davis, Frawley, Anderson & Ayer, both of Lexington, for respondent.
Petitioner appeals a ruling of the Court of Appeals requiring the appointment of an additional guardian ad litem whenever a termination of parental rights (TPR) action is brought by a child's guardian ad litem in an abuse and neglect case. We reverse.
Robert Alex Rivas (Alex), was removed from his home by the Lexington County Department of Social Services (DSS) in January of 1995 when he was approximately fourteen months old. DSS was awarded temporary custody of Alex based on a finding of physical neglect. With the exception of a brief period in 1996,1 Alex has lived continuously in foster care since that time. Petitioner, Alex's court-appointed guardian ad litem in the abuse and neglect action, brought this action to terminate the parental rights of Delores Rivas, Alex's natural mother (respondent). Respondent has a history of mental illness and substance abuse impairing her ability to properly care for her children. The family court found respondent had failed to remedy the conditions which caused Alex's removal2 despite reasonable and meaningful efforts by DSS to offer mental health and substance abuse services. See S.C.Code Ann. § 20-7-1572(2) (Supp.1999).3 Based upon respondent's failure to respond to previous drug rehabilitative efforts and testimony concerning the expected recovery rate for a person with dual mental health and substance abuse problems, the family court determined respondent's condition was unlikely to change within a reasonable time such that she would be able to provide Alex with minimally acceptable care. See S.C.Code Ann. § 20-7-1572(6) (Supp.1999). The family court further determined Alex's best interests would be served by terminating respondent's parental rights and freeing Alex for adoption.4
The Court of Appeals vacated the family court's order terminating respondent's parental rights. Joiner ex rel. Rivas v. Rivas, 335 S.C. 648, 518 S.E.2d 51 (Ct.App.1999). Although all three judges agreed respondent's substantive arguments were without merit,5 the majority held the family court erred in failing to appoint an independent guardian ad litem for Alex in the termination proceedings and that such a fundamental error required reversal.
Petitioner first argues the Court of Appeals erred in addressing an issue neither raised to nor ruled on by the family court. We disagree. The Court of Appeals properly concluded procedural rules are subservient to the court's duty to zealously guard the rights of minors. See Ex parte Roper, 254 S.C. 558, 563, 176 S.E.2d 175, 177 (1970)
(), Galloway v. Galloway, 249 S.C. 157, 160, 153 S.E.2d 326, 327 (1967) (). The Court of Appeals therefore did not err in addressing this issue for the first time on appeal.
South Carolina Code Ann. § 20-7-1564 (Supp.1999) provides that any interested party may file a petition seeking termination of parental rights. Petitioner filed this action in her capacity as Alex's court-appointed guardian ad litem. Petitioner's standing as an "interested party" is not challenged. South Carolina Code Ann. § 20-7-1570(B) (Supp.1999)6 requires the appointment of a guardian ad litem for a child subject to a TPR proceeding. The Court of Appeals held "although petitioner was appointed as guardian ad litem for Alex in the initial DSS abuse and neglect action, her role as a guardian was transformed when she filed this action to terminate the mother's parental rights." We disagree.
TPR statutes "must be liberally construed in order to ensure prompt judicial procedures for freeing minor children from the custody and control of their parents by terminating the parent child relationship." S.C.Code Ann. § 20-7-1578 (Supp.1999). The Court of Appeals erroneously held that "[s]tatutes providing for termination of parental rights must be strictly construed in favor of preserving the relationship of parent and child." Joiner, 335 S.C. at 652,518 S.E.2d at 52. In support of this proposition, the Court of Appeals cited its earlier opinions in Leone v. Dilullo, 294 S.C. 410, 413, 365 S.E.2d 39, 40 (Ct.App.1988) and Wilson v. Higgins, 294 S.C. 300, 304, 363 S.E.2d 911, 913-14 (Ct.App.1987). Leone relied on this Court's opinion in Goff v. Benedict, 252 S.C. 83, 165 S.E.2d 269 (1969). Goff was decided in 1969, prior to the enactment of the TPR statutes, and was premised on the general rule that statutes in derogation of common law are to be strictly construed.
A majority of this Court has never addressed the construction rule in § 20-7-1578, although Chief Justice Toal cited it in dissent in Hopkins v. South Carolina Dept. of Social Services, 313 S.C. 322, 334, 437 S.E.2d 542, 548 (1993).7 The Court of Appeals, however, has continued to hold in the face of § 20-7-1578 that strict construction is required for TPR statutes. See Roy T. Stuckey and F. Glenn Smith, Marital Litigation in South Carolina 397 (2d ed.1997) (statute and case law). conflict between We overrule those cases calling for strict construction of the TPR statutes.8
518 S.E.2d at 53. Petitioner's only "stake" was the best interest of Alex.9
We emphasize that a natural parent subject to a TPR action brought by the child's guardian ad litem can always move for appointment of a new guardian ad litem in the TPR action. We merely hold the statute does not require it.
The Court of Appeals erred in construing S.C.Code Ann. § 20-7-1570(B) (Supp.1999) strictly to require the appointment of a new guardian ad litem when a child's guardian ad litem brings a petition to terminate the natural parent's parental rights. We REVERSE, overrule the Court of Appeals cases requiring strict construction of TPR statutes, and reinstate the family court order terminating respondent's parental rights.
I agree with the majority that this termination of parental rights (TPR) action was properly brought by the petitioner, and that under the circumstances of this case, it was not necessary to appoint a second guardian ad litem. I write separately, however, because of my belief that the majority opinion may be read to construe S.C.Code Ann. §...
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