South Carolina Department of Social Services v. Powell

Supreme Court of South Carolina

South Carolina Department of Social Services v. Powell

292 S.E.2d 299, 278 S.C. 79, 1982 S.C. LEXIS 355

CourtSupreme Court of South Carolina

DecidedJune 7, 1982

Docket21718

StatusPublished

Cited by2 cases

This text of 292 S.E.2d 299 (South Carolina Department of Social Services v. Powell) 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.

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South Carolina Department of Social Services v. Powell, 292 S.E.2d 299, 278 S.C. 79, 1982 S.C. LEXIS 355 (S.C. 1982).

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Opinion

Per Curiam:

Elizabeth Powell appeals an order terminating her parental rights to two minor children. The order of termination includes a finding by the lower court that appellant’s mental condition is such that she could never function as a parent without help by a competent adult. See S. C. Code § 20-7-1570(2)(b) (1981 Cum. Supp.).

Although appellant has never been determined incompetent by a court, the record raises serious questions concerning her mental condition. This Court has held that under these circumstances the trial court should at the outset determine whether the party involved is sufficiently competent mentally to proceed without appointment of a guardian ad litem. South *80 Carolina Department of Social Services v. McDow, S. C., 280 S. E. (2d) 208 (1981). Since the trial court neither appointed a guardian for appellant nor determined whether one was needed, we vacate the order and remand the case for proceedings consistent with McDow.

Vacated and remanded.

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Per Curiam:

Elizabeth Powell appeals an order terminating her parental rights to two minor children. The order of termination includes a finding by the lower court that appellant’s mental condition is such that she could never function as a parent without help by a competent adult. See S. C. Code § 20-7-1570(2)(b) (1981 Cum. Supp.).

Although appellant has never been determined incompetent by a court, the record raises serious questions concerning her mental condition. This Court has held that under these circumstances the trial court should at the outset determine whether the party involved is sufficiently competent mentally to proceed without appointment of a guardian ad litem. South *80 Carolina Department of Social Services v. McDow, S. C., 280 S. E. (2d) 208 (1981). Since the trial court neither appointed a guardian for appellant nor determined whether one was needed, we vacate the order and remand the case for proceedings consistent with McDow.

Vacated and remanded.

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292 S.E.2d 299, 278 S.C. 79, 1982 S.C. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-carolina-department-of-social-services-v-powell-sc-1982.

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