South Carolina Dept. of Social Services v. Smith
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | CHANDLER; HARWELL |
| Citation | 429 S.E.2d 807,311 S.C. 426 |
| Parties | SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Respondent, v. Kitty Oree SMITH, Eddie Dean Smith, Chrissy Smith (DOB: |
| Decision Date | 16 September 1985 |
Page 807
v.
Kitty Oree SMITH, Eddie Dean Smith, Chrissy Smith (DOB:
9/16/85), and Louise Smith (DOB: 11/27/87), of
whom Kitty Oree Smith and Eddie Dean
Smith are Appellants.
Decided April 19, 1993.
Perry D. Boulier, of Holcombe, Bomar, Cothran and Gunn, P.A., Spartanburg, for appellants.
Warran A. Kohn, Columbia, for respondent.
CHANDLER, Associate Justice.
Kitty and Eddie Smith (Parents) appeal an Order terminating their parental rights. We reverse and remand.
Kitty and Eddie Smith have two daughters, Chrissy, born September 16, 1985, and Louise, born November 27, 1987. [311 S.C. 427] Both Parents suffer from mild mental retardation.
Page 808
In August of 1990, the children were removed from Parents' home after allegations that Chrissy had been sexually abused by an aunt and uncle. The charges against the aunt and uncle were subsequently dismissed.
However, DSS sought to retain physical and legal custody of the children on the basis of Parents' neglect in failing to seek medical attention for Chrissy when the allegations of abuse arose.
In an Order of October 10, 1990, Family Court awarded DSS custody of the children, holding that due to Parents' mental retardation, DSS was not required to institute a treatment plan for rehabilitation.
In June 1991, DSS commenced an action against Parents for termination of parental rights pursuant to S.C.Code Ann. § 20-7-1572(6), which provides:
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 alcohol or drug addiction, mental deficiency, mental illness, or extreme physical incapacity, and the condition makes the parent unlikely to provide minimally acceptable care of the child.
After a hearing, Family Court terminated parental rights. This appeal follows.
Is there clear and convincing evidence sufficient to terminate parental rights pursuant to S.C.Code Ann. § 20-7-1572(6)?
It is well established that grounds for termination of parental rights must be shown by clear and convincing evidence. Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982); S.C.D.S.S. v. Martell, 279 S.C. 289, 307 S.E.2d 601 (1983). This Court may review the record of the Family Court to determine whether termination is supported by such evidence. Martell, supra; S.C.D.S.S. v. [311 S.C. 428] Humphreys, 297 S.C. 118, 374 S.E.2d 922 (Ct.App.1988).
In termination proceedings brought pursuant to § 20-7-1572(6), there must be clear and convincing evidence that: (1) the parent has a diagnosed mental deficiency, and (2) this deficiency makes it unlikely that the parent will be able to provide minimally acceptable care of the child. Humphreys, supra; Orangeburg County DSS v. Harley, 302 S.C. 64, 393 S.E.2d 597 (Ct.App.1990). There is no requirement that the agency removing...
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Joye v. Yon, No. 3335.
...by case analysis is consistent with the broad equitable powers granted to family court judges in this state. Splawn, 311 S.C. at 425, 429 S.E.2d at 807; Peirson v. Calhoun, 308 S.C. 246, 417 S.E.2d 604 (Ct.App.1992). Prior case law recognizes the propriety of family court judges applying eq......
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Sc Dept. of Social Services v. Roe, No. 4191.
...it unlikely that Page 169 the parent will be able to provide minimally acceptable care of 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 ha......
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Joiner ex rel. Rivas v. Rivas, No. 2990.
...of this contention, the mother directs this court's attention to the holding in South Carolina Department of Social Services v. Smith 311 S.C. 426, 429 S.E.2d 807 In Smith, the family court terminated the parental rights of two mildly retarded parents pursuant to § 20-7-1572(6). The Supreme......
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State v. Fowler, No. 2483
...Greenville County Dept. of Social Servs. v. Bowes, 313 S.C. 188, 437 S.E.2d 107 (1993); South Carolina Dept. of Social Servs. v. Smith, 311 S.C. 426, 429 S.E.2d 807 (1993); Poston v. U.S. Fidelity & Guar. Co., 107 Wis.2d 215, 320 N.W.2d 9 (App.1982) (divorced father who received visitation ......
-
Joye v. Yon, No. 3335.
...by case analysis is consistent with the broad equitable powers granted to family court judges in this state. Splawn, 311 S.C. at 425, 429 S.E.2d at 807; Peirson v. Calhoun, 308 S.C. 246, 417 S.E.2d 604 (Ct.App.1992). Prior case law recognizes the propriety of family court judges applying eq......
-
Sc Dept. of Social Services v. Roe, No. 4191.
...it unlikely that Page 169 the parent will be able to provide minimally acceptable care of 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 ha......
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Joiner ex rel. Rivas v. Rivas, No. 2990.
...of this contention, the mother directs this court's attention to the holding in South Carolina Department of Social Services v. Smith 311 S.C. 426, 429 S.E.2d 807 In Smith, the family court terminated the parental rights of two mildly retarded parents pursuant to § 20-7-1572(6). The Supreme......
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State v. Fowler, No. 2483
...Greenville County Dept. of Social Servs. v. Bowes, 313 S.C. 188, 437 S.E.2d 107 (1993); South Carolina Dept. of Social Servs. v. Smith, 311 S.C. 426, 429 S.E.2d 807 (1993); Poston v. U.S. Fidelity & Guar. Co., 107 Wis.2d 215, 320 N.W.2d 9 (App.1982) (divorced father who received visitation ......