Hooper v. Rockwell

513 S.E.2d 358, 334 S.C. 281, 1999 S.C. LEXIS 49
CourtSupreme Court of South Carolina
DecidedFebruary 22, 1999
Docket24907
StatusPublished
Cited by91 cases

This text of 513 S.E.2d 358 (Hooper v. Rockwell) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hooper v. Rockwell, 513 S.E.2d 358, 334 S.C. 281, 1999 S.C. LEXIS 49 (S.C. 1999).

Opinion

WALLER, Justice:

Amy Suttles Rockwell (appellant) appeals the decision of the family court to terminate her parental rights in three of her children and allow Kim D. Hooper and Beverly G. Hooper (the Hoopers) to adopt the children. We affirm the judgment of the family court.

*287 FACTS

Law enforcement officers, acting under S.C.Code Ann. § 20-7-610 (Supp.1997), took Anthony Suttles, age seven, into emergency protective custody in April 1991. The officers, responding to a call from Anthony’s grandmother, found, Anthony frightened and dripping wet with bruises about his face and neck. Anthony told the officers his mother had choked and repeatedly dunked him in icy bath water after accusing him of stealing tapes.

After further investigation by the Fairfield County Department of Social Services (DSS), a family court judge in May 1991 granted an ex parte request by DSS to take Candice Suttles and her twin sister Shannon Suttles, both age six, and Christopher Perry, age nine, into emergency protective custody. The children had injuries that were inconsistent with the explanations offered by appellant or her boyfriend at the time, Tom Rockwell (Rockwell), DSS told the family court. 1 Appellant also was emotionally unstable and refused to allow DSS into her home or undergo a court-ordered psychological evaluation. The children were placed in foster homes.

In July 1991, appellant and Rockwell entered into a consent order with DSS. They agreed to a finding of a threat of harm to the children, that DSS would retain custody of the children, and that visitation with the children would be suspended until independent psychologists reported their progress and determined the children would not be harmed by visitation. Appellant promised to seek prompt psychological treatment and mental health counseling. Rockwell agreed to undergo a psychological evaluation and mental health counseling. Both agreed to sign the necessary forms for release of psychological reports to DSS.

In October 1991, the family court found appellant and Rockwell in contempt for refusing to comply with the consent order. The court sentenced each to ninety days in jail, suspended upon the completion of psychological evaluations *288 and compliance with other terms of the consent order. In February 1992, the family court again found appellant and Rockwell in contempt for failing to comply with previous orders and again ordered them to undergo the necessary evaluations and seek mental health counseling. The court sentenced each to twenty-four hours in jail.

In May 1992, the family court, after reviewing the case and hearing testimony by psychologists who had interviewed appellant and the children, ordered that DSS retain custody of the children. Both psychologists diagnosed appellant as suffering from histrionic personality disorder. 2 The court ordered, among other things, that appellant and Rockwell participate in counseling, that appellant pay child support, that DSS have the children evaluated again to ensure the foster parents were not manipulating them, that the children continue with counseling, and that appellant and Rockwell have supervised visitation with the children.

The case was transferred to Richland County in September 1992 after appellant and Rockwell, the foster parents, and the children moved to Richland and Lexington counties. The family court temporarily suspended appellant and Rockwell’s visitation rights in January 1993 on the motion of DSS after a particularly disruptive visit. Appellant and Rockwell did not appear at the hearing. In May 1994, the family court again ordered that appellant undergo a psychiatric evaluation, as she previously had been ordered to do in 1991.

ISSUES

1. Must a party challenge emergency removal orders in a timely appeal filed after the issuance of such orders, or are those orders interlocutory in nature, so that a party may challenge them when appealing a subsequent judg *289 ment in a termination of parental rights proceeding involving the same children?

2. Does S.C.Code Ann. § 20-7-610(A) (Supp.1997) violate the state or federal constitutions?

8. Did the family court err in terminating appellant’s parental rights and signing the adoption decree?

1. EMERGENCY REMOVAL ORDERS

Appellant raises several issues relating to orders issued as a result of ex parte, merit, and contempt proceedings in 1991 and 1992. Appellant .argues the issues are properly before this Court because all orders issued before the August 1996 order terminating her parental rights were interlocutory in nature and not immediately appealable. We disagree.

A law enforcement officer may take a child into emergency protective custody in appropriate circumstances. S.C.Code Ann. § 20-7-610(A) (Supp.1997). In addition, the family court may issue an ex parte order allowing DSS to take a child into emergency protective custody in appropriate circumstances. S.C.Code Ann. § 20-7-610(P) (Supp.1997). DSS must begin a preliminary investigation within twenty-four hours after a child is taken into emergency protective custody to determine whether grounds for assuming legal custody of the child exist. S.C.Code Ann. § 20-7-610(D) (Supp.1997). The family court must hold a probable cause hearing within seventy-two hours of the time the child was taken into custody. S.C.Code Ann. § 20-7-610(M) (Supp.1997).

Upon assuming legal custody of the child, DSS must begin a child protective investigation. On or before the next working day after beginning the investigation, DSS must initiate a removal proceeding in family court. The family court must hold a merit hearing within thirty-five days of receipt of the removal petition to determine whether removal is necessary. S.C.Code Ann. §§ 20-7-610(K) and 20-7-736(E) (Supp.1997). Prosecutors, DSS, and the family court must strictly comply with this schedule of hearings. The family court should order custody be returned to the child’s parent or legal guardian if the hearings are not held within ten days after the statutory time limits. Doe v. State, 294 S.C. 125, 363 *290 S.E.2d 106 (1987). The family court must review treatment, placement, and permanent plans involving children. S.C.Code Ann. §§ 20-7-762 to -766 (Supp.1997). While the Legislature has amended Section 20-7-610 three times since 1991, the basic process of judicial review — a possible ex parte order, a probable cause hearing, and a merit hearing — has remained the same. 3

In Doe v. State, supra, we concluded a mother who consented to the removal of her children at a merit hearing was barred from later raising statutory and constitutional challenges in the Court of Common Pleas. We indicated the mother could have appealed the order if she had not consented to it.

Appellant’s case presents similar facts. She consented to the removal of her children in an order dated July 31,1991, which was issued after a merit hearing.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Torrence v. SCDOC
Supreme Court of South Carolina, 2021
SCDSS v. Spears
Court of Appeals of South Carolina, 2020
SCDSS v. Jones
Court of Appeals of South Carolina, 2019
SCDSS v. Carter
Court of Appeals of South Carolina, 2018
Hughes v. Hughes
Court of Appeals of South Carolina, 2017
SCDSS v. Bright
Court of Appeals of South Carolina, 2017
SCDSS v. Powell
Court of Appeals of South Carolina, 2017
SCDSS v. Fulton
Court of Appeals of South Carolina, 2017
SCDSS v. Phalen
Court of Appeals of South Carolina, 2017
SCDSS v. Hill
Court of Appeals of South Carolina, 2017
South Carolina Department of Social Services v. Smith
797 S.E.2d 740 (Court of Appeals of South Carolina, 2016)
Sun v. Horton
Court of Appeals of South Carolina, 2016
South Carolina Department of Social Services v. Tran
418 S.C. 308 (Court of Appeals of South Carolina, 2016)
SCDSS v. Crews
Court of Appeals of South Carolina, 2016
SCDSS v. Miller
Court of Appeals of South Carolina, 2015
McCarron v. McCarron
171 So. 3d 22 (Court of Civil Appeals of Alabama, 2015)
SCDSS v. Dennis
Court of Appeals of South Carolina, 2014
In re D.D.
Supreme Court of Vermont, 2013

Cite This Page — Counsel Stack

Bluebook (online)
513 S.E.2d 358, 334 S.C. 281, 1999 S.C. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hooper-v-rockwell-sc-1999.