South Carolina Dept. of Social Services v. Humphreys
| Court | Court of Appeals of South Carolina |
| Writing for the Court | GARDNER; SANDERS, C.J., and GOOLSBY |
| Citation | 374 S.E.2d 922,297 S.C. 118 |
| Parties | SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Respondent, v. Louella McRendy HUMPHREYS and Gilbert Vereen, Sr. In re Gilbert VEREEN, Jr. (D.O.B |
| Decision Date | 27 December 1983 |
Page 922
v.
Louella McRendy HUMPHREYS and Gilbert Vereen, Sr.
In re Gilbert VEREEN, Jr. (D.O.B. 12-27-83).
Appeal of Louella McRendy HUMPHREYS.
Decided Nov. 14, 1988.
Page 923
[297 S.C. 119] Bradish J. Waring and Stephen P. Groves of Young, Clement, Rivers & Tisdale, Charleston, for appellant.
Barbara Machell, of South Carolina Dept. of Social Services, Columbia, for respondent.
William C. Cleveland of Haynsworth, Marion, McKay and Guerard, Charleston, for Gilbert Vereen, Jr.
GARDNER, Judge:
The appealed order terminated the parental rights of Louella Humphreys (the mother), who is mentally retarded; a Guardian ad Litem represented her interests in this proceeding. We affirm.
The issues presented are (1) whether there is clear and convincing evidence of record to support the termination of the mother's parental rights under Section 20-7-1572(6), Code of Laws of South Carolina (1976), and (2) whether the rehabilitative efforts of the Department of Social Services or any other agency is relevant to this appeal.
This action was instituted by the South Carolina Department of Social Services (DSS). The appealed order of April 11, 1987, terminated the mother's parental rights with a finding that the mother could not provide minimally acceptable care for the child because of her mental deficiency and, further, that the mother's condition was unlikely to change within a reasonable time.
Dr. William H. Snyder, a clinical psychologist, testified for DSS. Dr. Snyder testified that the mother had a full scale I.Q. of 66 and that this placed her in the "mild mentally deficient range of intelligence." Dr. Snyder testified that on a Wide Range Achievement Test, the mother's [297 S.C. 120] scores consistently indicate an educational achievement somewhere in the latter half of the third grade. Dr. Snyder testified that in his opinion the mother would not be capable of recognizing dangers, providing for
Page 924
the child's sanitary needs, or providing an appropriate diet. He also testified that the mother would have problems recognizing physical symptoms of the child which might require that the child be seen by a doctor. He further testified that the mother is "essentially illiterate" and that she would probably need supervision in the handling of money. Dr. Snyder also testified that in his opinion there was little likelihood that a course designed to teach mentally deficient people parenting skills could ever make the mother capable of being a primary care parent for the child.No purpose would be served in a further review of the clear and convincing evidence of record that the mother has a "diagnosable condition" of "mental deficiency" which makes her "unlikely to provide minimally...
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State v. Penny J., No. 14944
...nom. In re Joyce T., 65 N.Y.2d 39, 489 N.Y.S.2d 705, 478 N.E.2d 1306 (1985); see also South Carolina Dep't of Social Servs. v. Humphreys, 297 S.C. 118, 374 Page 393 [119 N.M. 332] S.E.2d 922, 925 (Ct.App.1988). Nor does the federal precedent interpreting this provision require the state to ......
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Sc Dept. of Social Services v. Roe, No. 4191.
...and that condition made the mother unlikely to provide minimally acceptable care of her child. S.C. Dep't of Soc. Servs. v. Humphreys, 297 S.C. 118, 122, 374 S.E.2d 922, 925 (Ct.App.1988). In Humphreys, as in the instant case, the mother was mildly mentally deficient and the psychologist op......
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Hardy v. Gunter, No. 3595.
...345 S.C. at 293, 547 S.E.2d at 509; accord Parker, 336 S.C. at 254, 519 S.E.2d at 354; South Carolina Dep't of Soc. Servs. v. Humphreys, 297 S.C. 118, 121, 374 S.E.2d 922, 924 (Ct.App.1988). "Our broad scope of review does not require us to disregard the findings below or ignore the fact th......
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SC DEPT. OF SOCIAL SERVICES v. Lail, No. 2975.
...its own finding of whether clear and convincing evidence supports the termination. South Carolina Dep't of Social Servs. v. Humphreys, 297 S.C. 118, 121, 374 S.E.2d 922, 924 (Ct.App.1988). Statutes providing for the termination of parental rights must be strictly construed in favor of the p......
-
State v. Penny J., No. 14944
...nom. In re Joyce T., 65 N.Y.2d 39, 489 N.Y.S.2d 705, 478 N.E.2d 1306 (1985); see also South Carolina Dep't of Social Servs. v. Humphreys, 297 S.C. 118, 374 Page 393 [119 N.M. 332] S.E.2d 922, 925 (Ct.App.1988). Nor does the federal precedent interpreting this provision require the state to ......
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Sc Dept. of Social Services v. Roe, No. 4191.
...and that condition made the mother unlikely to provide minimally acceptable care of her child. S.C. Dep't of Soc. Servs. v. Humphreys, 297 S.C. 118, 122, 374 S.E.2d 922, 925 (Ct.App.1988). In Humphreys, as in the instant case, the mother was mildly mentally deficient and the psychologist op......
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Hardy v. Gunter, No. 3595.
...345 S.C. at 293, 547 S.E.2d at 509; accord Parker, 336 S.C. at 254, 519 S.E.2d at 354; South Carolina Dep't of Soc. Servs. v. Humphreys, 297 S.C. 118, 121, 374 S.E.2d 922, 924 (Ct.App.1988). "Our broad scope of review does not require us to disregard the findings below or ignore the fact th......
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SC DEPT. OF SOCIAL SERVICES v. Lail, No. 2975.
...its own finding of whether clear and convincing evidence supports the termination. South Carolina Dep't of Social Servs. v. Humphreys, 297 S.C. 118, 121, 374 S.E.2d 922, 924 (Ct.App.1988). Statutes providing for the termination of parental rights must be strictly construed in favor of the p......