Orangeburg County Dept. of Social Services v. Harley, 1523
| Citation | 302 S.C. 64,393 S.E.2d 597 |
| Decision Date | 03 May 1990 |
| Docket Number | No. 1523,1523 |
| Court | Court of Appeals of South Carolina |
| Parties | ORANGEBURG COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent, v. Norma HARLEY and Michael Cummings, Defendants, of whom Norma Harley is Appellant. |
Lewis C. Lanier, of Horger, Horger, Nance & Lanier, Orangeburg, for appellant.
Tana G. Vanderbilt, of S.C. Dept. of Social Services, Columbia, for respondent.
Barney M. Houser, of Williams & Houser, Orangeburg, for defendant Cummings.
Ladson H. Beach, Jr., Orangeburg, for the Guardian ad Litem.
The Orangeburg County Department of Social Services (DSS) petitioned the Family Court for, among other things, termination of Norma Harley's parental rights to her two minor children, Michael Christopher Cummings and Cherrell Cummings. The Family Court ordered the parental rights terminated, and Ms. Harley appeals. We affirm.
"On appeal from the family court on the issue of termination of parental rights, this court may review the record and make its own finding whether clear and convincing evidence supports termination." South Carolina Dept. of Social Servs. v. Richardson, 298 S.C. 130, 131-132, 378 S.E.2d 601, 602 (Ct.App.1989).
The Family Court based its order terminating parental rights on S.C.CodeAnn Section 20-7-1572(6) (1976 as amended), which provides, in pertinent part:
The Family Court may order the termination of parental rights upon a finding of one or more of the following grounds:
. . . . .
(6) The parent has a diagnosable condition unlikely to change within a reasonable time such as ... mental deficiency, [or] mental illness ..., and the condition makes the parent unlikely to provide minimally acceptable care of the child.
We find that termination of the parental rights in this case is supported by clear and convincing evidence. Clay Terry Drummond, a licensed clinical psychologist who evaluated Ms. Harley in 1983 and 1987, testified that Ms. Harley is not competent to parent because, due to her low mental status, she has difficulty even caring for herself, and is not likely to improve in the future. Betsy Abraham, a counselor with the Department of Mental Health, performed a "psycho-social assessment" on Ms. Harley, and found Ms. Harley was very immature, displayed poor impulse control, had a low frustration level and had difficulty responding to simple statements and directions. Two DSS caseworkers testified Ms. Harley has not maintained a stable residence (twelve different homes in a little over two years), Ms. Harley cannot manage her own finances (DSS is payee for her disability benefits), and Ms. Harley has difficulty following simple instructions including instructions on parenting skills. The childrens' court-appointed guardian ad litem recommended termination of Ms. Harley's parental rights. From our careful review of the record we are convinced that there is an abundance of clear and convincing evidence to support the Family Court's order terminating Ms. Harley's parental rights.
Ms. Harley argues the Family Court erred in finding that DSS provided reasonable services and made reasonable efforts...
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Sc Dept. of Social Services v. Roe, 4191.
...the child. S.C. Dep't of Soc. Servs. v. Smith, 311 S.C. 426, 428, 429 S.E.2d 807, 808 (1993); Orangeburg County Dep't of Soc. Servs. v. Harley, 302 S.C. 64, 66, 393 S.E.2d 597, 598 (Ct.App.1990). We have determined that testimony by a clinical psychologist provided clear and convincing evid......
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Sc Dept. of Social Services v. Seegars, 26119.
...failed to maintain a stable home, and failed to establish she had reliable transportation. See Orangeburg County Dep't of Soc. Servs. v. Harley, 302 S.C. 64, 393 S.E.2d 597 (Ct. App.1990) (affirming family court's termination of mother's parental rights, in part, under § 20-7-1572(6) where ......
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