South Carolina Department of Social Services v. Cameron N.F.L.

742 S.E.2d 697, 403 S.C. 323, 2013 WL 1867074, 2013 S.C. App. LEXIS 145
CourtCourt of Appeals of South Carolina
DecidedMay 2, 2013
DocketAppellate Case No. 2011-198926; No. 5129
StatusPublished
Cited by17 cases

This text of 742 S.E.2d 697 (South Carolina Department of Social Services v. Cameron N.F.L.) 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. Cameron N.F.L., 742 S.E.2d 697, 403 S.C. 323, 2013 WL 1867074, 2013 S.C. App. LEXIS 145 (S.C. Ct. App. 2013).

Opinion

HUFF, J.

Cameron N.F.L. (Mother) appeals the family court’s termination of her parental rights to her minor child (Child). After careful consideration, we hold the family court erred in finding termination of Mother’s parental rights was in Child’s best interest.

FACTS/PROCEDURAL HISTORY

Mother gave birth to Child in September of 2003. On July 28, 2008, the Department of Social Services (DSS) filed an intervention action against Mother due to the deplorable conditions of Mother’s home, allegations of drug abuse, and domestic disputes. At that time, Mother’s home was excessively cluttered and infested with cockroaches.

DSS removed Child from Mother’s home in March 2009, when Child was five years old. On January 6, 2010, the family court held a merits hearing for removal. The merits order authorized DSS to forego reasonable efforts to preserve the family. On June 21, 2011, the family court held a termination of parental rights (TPR) hearing.

Following Child’s removal, Mother moved into a friend’s trailer. Mother presented three witnesses who testified the trailer was clean and in good condition. DSS did not present testimony of a caseworker who visited the trailer.

In May 2010, Mother moved back into her prior home. Mother’s witnesses testified Mother renovated the home and [326]*326kept it clean. Additionally, a DSS caseworker testified Mother gave birth to another child in July 2010, and DSS investigated Mother’s home at that time to determine if it was safe for the infant. The DSS caseworker testified Mother’s home was safe and suitable for an infant, and she did not see evidence of drug abuse or domestic violence. The case involving Mother’s infant was unfounded. The second Guardian ad Litem (GAL) appointed to Child’s case visited Mother’s home the week before the TPR hearing and testified it was “clean and nice.”

Mother testified Child lived in at least five foster homes during the first year he was in foster care. In September 2009, DSS placed Child at York Place Episcopal Home for Children (York Place). According to Child’s therapist, Child is developmental^ delayed; has physical and verbal aggression and neglect issues; exhibits self-destructive behaviors, anxiety, and signs of depression; and has been diagnosed with attention deficit hyperactivity disorder (ADHD) and oppositional defiant disorder. Child’s therapist testified Child began regressing around December 2010, but she did not know what caused the regression. Child’s therapist testified Child misses Mother, and she believes Mother and Child have a bond. She testified, “[W]hen the visits do occur ... interaction is appropriate and ... [Child] definitely has a significant bond with [Mother].” However, Child’s therapist was concerned about Mother’s “sporadic contact” with Child. When asked about Child’s feelings about adoption, Child’s therapist testified, “Adoption hasn’t really been explored with him. When I spoke with his adoption worker [she] kind of felt that right now just trying to stabilize him and get him situated that he developmentally would not process well with adoption.... ”

Child’s initial GAL testified, “[T]here is a great love and bond between [Mother] and [Child],” and Child “says he would like to [go] home.” However, she expressed concern about Mother’s ability to provide structure and discipline for Child, and she believed TPR was in Child’s best interest because Child needed “someone who can give him that stability and hands on expertise with dealing with his personality issues .... ” She continued, “[I]t’s very difficult for me to say, Judge, because I do see how. much [Child] loves [Mother].” When asked whether Child was ready to be adopted, she [327]*327stated, “I don’t think he would be ready yet. I mean, if he can continue to improve I think he would be adoptable.”

The second GAL appointed to Child’s case did not observe any contact between Child and Mother. However, she testified that every time she visited Child, he talked about Mother, and she believed a bond existed between Mother and Child. She testified TPR was in Child’s best interest because Child needed special care and someone “who [could] handle someone with his difficulties.” Child’s GAL noted Child’s medical issues and testified, “[I]t’s going to take somebody with a lot of ability in that area to be able to take care of him.” When asked whether she thought Mother could provide the care Child needed, she responded, “Well, if she’s with him 24/7 the way the staff is at York Placet, but] she now has another child and she has a job.”

Child’s DSS caseworker testified Child missed Mother and always asked when he would see her again. However, she agreed DSS’s plan for TPR was in Child’s best interest because she felt Child needed permanency. She testified Region One Adoptions assessed Child and accepted him as a candidate for adoption.

DSS did not present testimony from a caseworker who was involved in Child’s case between March 2009, when Child was removed, and March 2010, when the case was reassigned to an intensive foster care caseworker. When questioned about Mother’s visitation with Child, the intensive foster care caseworker testified, “From my records she has visited.” However, she testified Mother did not visit between March 1, 2010, and July 20, 2010. Child’s therapist testified York Place allows parents one two-hour visit or two one-hour visits per month, and Mother visited Child in July 2010, September 2010, October 2010, December 2010, and May 2011, and attended a treatment plan review in August 2010. York Place is approximately one-hundred seventeen miles from Pickens County, or two hundred thirty-four miles round trip. Child’s therapist did not have any records of Mother’s visitation prior to June 2010, and she did not know when Mother visited prior to then. Mother failed to visit between December 2010 and May 2011; however, Mother testified her home burned in a [328]*328fire in December 2010, and she used her extra income to repair the home because she wanted it to be suitable for Child.

The family court found clear and convincing evidence supported TPR on the following grounds: (1) failure to support; (2) severe and repetitious abuse or neglect such that it was unlikely the home could be made safe within twelve months; and (3) Child had been in foster care for fifteen of the most recent twenty-two months. Additionally, it found TPR was in Child’s best interest. This appeal followed.

STANDARD OF REVIEW

In reviewing the decision of the family court, an appellate court has the authority to find the facts in accordance with its own view of tbie preponderance of the evidence. Lewis v. Lewis, 392 S.C. 38l, 384, 709 S.E.2d 650, 651 (2011). While this court retains its authority to make its own findings of fact, we recognize the superior position of the family court in making credibility determinations. Id. at 392, 709 S.E.2d at 655. In addition, “consistent with our constitutional authority for de novo review, an appellant is not relieved of his burden to demonstrate error in the family court’s findings of fact.” Id. Thus, “the family court’s factual findings will be affirmed unless ‘appellant satisfies this Court that the preponderance of the evidence is against the finding of the family court.’ ” Id.

LAW/ANALYSIS

Mother contends the family court erred in finding TPR was in Child’s best interest.1 We agree.

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Cite This Page — Counsel Stack

Bluebook (online)
742 S.E.2d 697, 403 S.C. 323, 2013 WL 1867074, 2013 S.C. App. LEXIS 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-carolina-department-of-social-services-v-cameron-nfl-scctapp-2013.