South Carolina Department of Social Services v. Williams

772 S.E.2d 279, 412 S.C. 458, 2015 S.C. App. LEXIS 89
CourtCourt of Appeals of South Carolina
DecidedMay 12, 2015
DocketAppellate Case No. 2014-000785; No. 5318
StatusPublished
Cited by4 cases

This text of 772 S.E.2d 279 (South Carolina Department of Social Services v. Williams) 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. Williams, 772 S.E.2d 279, 412 S.C. 458, 2015 S.C. App. LEXIS 89 (S.C. Ct. App. 2015).

Opinion

KONDUROS, J.

Sheronda D. Williams (Mother) appeals the family court’s order terminating her parental rights to her eight-year-old daughter (Child). On appeal, Mother argues (1) termination of parental rights (TPR) was not in Child’s best interest and (2) the permanency plan adopted by the family court does not address Child’s needs or interests and should be modified. Because we find TPR is not in Child’s best interest, we reverse and remand for a new permanency planning hearing.

FACTS/PROCEDURAL HISTORY

In September 2010, Child was placed in emergency protective custody after the Department of Social Services (DSS) received a report alleging Child “had fresh and old bruises on her hip, legs[,] and face.” Police officers and DSS determined Mother caused the injuries. After Child was removed, she spoke to a forensic interviewer and disclosed she had been sexually abused. DSS and police officers never determined who perpetrated the sexual abuse.

The family court timely held a merits hearing and determined Mother and her husband, Kelvin, physically neglected Child and her brother and Child was sexually abused by an unknown perpetrator. The family court ordered Mother to undergo a psychological evaluation and follow all recommendations.

Dr. Jessie Michael West, a clinical psychologist, evaluated Mother in February 2011. Dr. West determined Mother had symptoms suggestive of schizophrenia, psycho-affective disorder, or bipolar disorder, and he believed Child “may have a [462]*462similar psychiatric disorder [that] would predispose [Mother] to increased anger [and] excessive discipline.” Dr. West believed Mother would not be able to parent effectively until her mental conditions were treated. He recommended a psychiatric evaluation and individual counseling for Mother and marital counseling for Mother and Kelvin.

In December 2012, the family court dismissed Kelvin from the action after a paternity test excluded him as the biological father. The family court determined Antwan Boyd (Father) was Child’s biological father.

In December 2013, the family court held a TPR hearing. At the hearing, Dr. West testified Child had frequent temper tantrums and needed an adult in the home who could stabilize her. Dr. West opined the combination of Mother’s and Child’s personalities could create a hostile environment. He believed Child would be a constant stressor on Mother and Mother would need extra support to handle Child’s behavior. Dr. West also believed Mother needed medication and counseling to ensure Child’s safety.

Demetrius Adams, a DSS caseworker, testified Mother completed parenting classes and a psychological evaluation, obtained stable housing, and completed some counseling. Mother was referred to individual counseling but only attended two sessions and did not complete it. Additionally, Mother did not complete marital counseling. Adams testified Mother visited Child when she could arrange transportation, explaining Mother lived in Bennettsville and Child was placed in West Columbia. She stated Mother was “pretty faithful about visiting [Child] minus a couple of breaks.”

Adams admitted Father contacted DSS in 2010, shortly after Child was placed in foster care, indicating he believed he was Child’s father. After Father took a paternity test that confirmed he was Child’s father, he requested Child be placed with him. Because Father lived in North Carolina, DSS sought a home study through the Interstate Compact on the Placement of Children (ICPC).1 Father later asked DSS to stop the home study and never asked DSS to resume it.

[463]*463At the time of the TPR hearing, Child was placed at Three Rivers Residential Facility because she threatened suicide, behaved defiantly, and could not be managed in a therapeutic foster home. She attended an on-site special education school and a “high intensity after class.” Child had lived in nine different placements, including relative placement, foster homes, and another residential facility, and she was in her second residential stay at Three Rivers. Child had directed abuse and other abnormal behaviors toward other children, and Adams believed it would be difficult for Child to be in a home with other children. Adams stated DSS had identified a single female without any children who lived in North Carolina as someone who might be interested in adopting Child. According to Adams, the potential adoptive parent was a nurse who was trained to deal with children with Child’s behavioral issues. Adams believed TPR was in Child’s best interest because Child needed the stability and permanency TPR and adoption would provide.

Dr. Ken Master, a child psychiatrist, began treating Child in 2011, when she was about six years old. Dr. Master stated Child had to be restrained about once every other week, and he believed she needed inpatient care because “[s]he was engaging and attacking the staff and peers, spitting on them, [and] doing sexually inappropriate things, ... [and] she wouldn’t respond to standard ways of managing her behavior.” Dr. Master believed if Child was placed in a home with other children, the other children would be at risk of sexual or physical assault from Child.

According to Dr. Master, Child’s primary diagnosis was post-traumatic stress disorder, which was related to her abuse and “multiple moods.” Child also had attention deficit hyperactivity disorder (ADHD) and oppositional defiant disorder. Dr. Master saw Child weekly and prescribed her medication for ADHD and anger. Dr. Master opined Child was not capable of attending school as a regular student, although it could be possible in the future. When asked whether Child’s diagnosis could ever improve, Dr. Master indicated it could with appropriate structure and support. However, he opined Child did not “have any long term or even remote future.”

[464]*464Dr. Master believed Child was in a “no-win situation” because she could not successfully live with Mother and had not been successful in residential treatment centers. Dr. Master described Child as demanding and stated her abuse issues would need to be fully resolved before Child could be safely returned to Mother. Dr. Master also believed it would be “very important” for Mother to complete individual counseling. He did not believe Mother could provide for Child based on the prior abuse, Child’s behavioral problems, and Child’s demanding needs.

Dr. Master did not know whether visits with Mother caused Child stress. He testified Child was always happy to see Mother; however, he had not observed enough visits to form an opinion. Dr. Master noted that when Child was placed with relatives, they complained Mother’s visits were disruptive. However, he stated Child wanted to continue contact with Mother. He also stated Child “ha[d] considerable jealously about” the fact her siblings resided with Mother.

Dr. Master was unfamiliar with the potential adoptive parent or whether she had any special training. He testified no one could predict how Child would do in that placement until that person visited Child and saw “how impaired [Child] really is.” Dr. Master stated Child would test whoever she lived with, explaining “she’s going to blow up and spit and kick.” However, he believed her chances of making it in a new home were “greater than the chance that she [would] make it in the current situation.” Dr. Master initially opined there was a 51% chance placement with the potential adoptive parent would work, then later said it was closer to 55%.

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Bluebook (online)
772 S.E.2d 279, 412 S.C. 458, 2015 S.C. App. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-carolina-department-of-social-services-v-williams-scctapp-2015.