Orangeburg County Dept. of Social Services v. Harley, No. 1523

CourtCourt of Appeals of South Carolina
Writing for the CourtPER CURIAM
Citation302 S.C. 64,393 S.E.2d 597
PartiesORANGEBURG COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent, v. Norma HARLEY and Michael Cummings, Defendants, of whom Norma Harley is Appellant.
Decision Date03 May 1990
Docket NumberNo. 1523

Page 597

393 S.E.2d 597
302 S.C. 64
ORANGEBURG COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent,
v.
Norma HARLEY and Michael Cummings, Defendants,
of whom Norma Harley is Appellant.
No. 1523.
Court of Appeals of South Carolina.
Submitted March 26, 1990.
Decided May 3, 1990.

[302 S.C. 65] 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.

PER CURIAM:

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).

[302 S.C. 66] The Family Court based its order terminating parental rights on S.C.CodeAnn.

Page 598

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...

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3 practice notes
  • Sc Dept. of Social Services v. Roe, No. 4191.
    • United States
    • Court of Appeals of South Carolina
    • December 21, 2006
    ...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 evidence of a d......
  • Sc Dept. of Social Services v. Seegars, No. 26119.
    • United States
    • United States State Supreme Court of South Carolina
    • February 27, 2006
    ...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 mother ......
  • Bates, Matter of, No. 23225
    • United States
    • United States State Supreme Court of South Carolina
    • July 12, 1990
    ...344 S.E.2d 607 (1986); In re Glickman, 271 S.C. 167, 246 S.E.2d 174 (1978). We disbar respondent from the practice of law for his conduct[302 S.C. 64] . This disbarment shall run from September 8, 1988. Respondent shall file an affidavit with the Clerk, within fifteen (15) days of service o......
3 cases
  • Sc Dept. of Social Services v. Roe, No. 4191.
    • United States
    • Court of Appeals of South Carolina
    • December 21, 2006
    ...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 evidence of a d......
  • Sc Dept. of Social Services v. Seegars, No. 26119.
    • United States
    • United States State Supreme Court of South Carolina
    • February 27, 2006
    ...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 mother ......
  • Bates, Matter of, No. 23225
    • United States
    • United States State Supreme Court of South Carolina
    • July 12, 1990
    ...344 S.E.2d 607 (1986); In re Glickman, 271 S.C. 167, 246 S.E.2d 174 (1978). We disbar respondent from the practice of law for his conduct[302 S.C. 64] . This disbarment shall run from September 8, 1988. Respondent shall file an affidavit with the Clerk, within fifteen (15) days of service o......

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