South Carolina Department of Social Services v. Briggs

776 S.E.2d 115, 413 S.C. 377, 2015 S.C. App. LEXIS 154
CourtCourt of Appeals of South Carolina
DecidedAugust 3, 2015
DocketAppellate Case No. 2014-002147; No. 5339
StatusPublished

This text of 776 S.E.2d 115 (South Carolina Department of Social Services v. Briggs) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
South Carolina Department of Social Services v. Briggs, 776 S.E.2d 115, 413 S.C. 377, 2015 S.C. App. LEXIS 154 (S.C. Ct. App. 2015).

Opinion

PER CURIAM.

In this appeal from a permanency planning order and a removal order, I’Tesha C. Briggs argues the family court erred in (1) changing the permanent plan from reunification to relative custody concurrent with termination of parental rights (TPR) and adoption, (2) allowing the Department of Social Services (DSS) to forego reasonable efforts at reunification, and (3) removing her infant child based on the alleged abuse and neglect of her three older children. We affirm in part, reverse in part, and remand for a new permanency planning hearing.

I. Facts and Procedural History

On August 2, 2013, Briggs’s older three children were placed in emergency protective custody due to allegations of physical abuse by Briggs.1 After a contested merits hearing,2 the family court determined Briggs physically abused the children and adopted a placement plan prepared by DSS pursuant to section 63-7-1680 of the South Carolina Code (Supp.2014). The placement plan required Briggs to complete a psychological evaluation, attend various forms of counseling, obtain and maintain stable housing and income, and complete a drug and alcohol assessment. The placement plan also set forth specific goals for behavioral changes and parenting skills. The placement plan stated DSS would “arrange or provide” the counseling and evaluation services. The family court ordered — in addition to the placement plan — a psychologist evaluate Briggs’s oldest child, a counselor observe Briggs interact with the children, and a psychologist evaluate whether Briggs could parent the children considering their special needs.

[380]*380The family court held the initial permanency planning hearing3 on February 6, 2014, six months after the children entered foster care. At that time, Briggs had obtained stable employment and housing, completed parenting classes, and completed a psychological evaluation. She had been assessed by a counselor at a drug and alcohol treatment center, who wrote in a report that Briggs was “receptive to feedback” and “a pleasure to work with.” Briggs had also begun individual counseling. The family court amended Briggs’s placement plan to add several additional requirements, including that “Briggs successfully complete family counseling at the Nurturing Centert

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Related

Simmons v. Simmons
709 S.E.2d 666 (Supreme Court of South Carolina, 2011)
Lewis v. Lewis
709 S.E.2d 650 (Supreme Court of South Carolina, 2011)

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Bluebook (online)
776 S.E.2d 115, 413 S.C. 377, 2015 S.C. App. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-carolina-department-of-social-services-v-briggs-scctapp-2015.