The legal professionals of the South Carolina Department of Social Services serve in a state-wide “law firm” handling matters at all levels of judicial forums, from Administrative Hearings to the Supreme Court, and in Family Court in every county of South Carolina. DSS employs over 80 attorneys and over 100 paralegals.
The legal professionals of the South Carolina Department of Social Services serve in a state-wide “law firm” handling matters at all levels of judicial forums, from Administrative Hearings to the Supreme Court, and in Family Court in every county of South Carolina. DSS employs over 80 attorneys and over 100 paralegals. These legal professionals span the spectrum of experience, …
Hiring a DSS investigations lawyer is an important step in protecting your rights and understanding what is going to happen once you are being investigated by South Carolina DSS’s Child Protection Services. DSS investigations are handled in family court, not criminal court. Court actions in DSS cases are there to protect the health and well being of children.
DSS has forty-five (45) days to complete an investigation once they receive an abuse or neglect report. If necessary, an additional 15 days can be granted to complete the investigation if there is good cause.
You have a constitutionally protected right to due process. ... You have a right to legal representation at all stages of a DSS action, including the investigative stage. If you cannot afford a lawyer, you can apply for appointed counsel by filing an application with the clerk of court.
But DSS can keep the records for five years. What happens if DSS cannot complete the investigation? If the investigation cannot be completed, it may be reopened later. If the investigation is reopened, DSS has 45 days to make a decision.
On December 2, 2015, the South Carolina Supreme Court reversed this Court of Appeals decision in Bass v. SCDSS. For further analysis of the Supreme Court opinion: It just became a little easier (although still not very easy) to sue DSS in tort.Mar 3, 2013
Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.Jun 22, 2018
Aside from having a clean and livable space, your social worker will also look to see if your home is free of any hazards. ... Any trip, fall, electrical, and safety hazards should be taken care of. Make sure any that could be harmful to your children is safely stored and locked away.Jul 21, 2020
Neglect is when a parent or guardian does not provide for the basic needs of a child, though capable of doing so. Neglect can include not meeting physical, medical, educational or emotional needs.
This offense is one of South Carolina's main laws dealing with physical child abuse or neglect. The statute is contained in S.C. Code 63-5-70. This is a felony, and can carry a sentence of up to ten years imprisonment in the South Carolina Department of Corrections.
Anyone who submits a report can remain anonymous. To report abuse or neglect, call 1-888-CARE-4-US (1-888-227-3487) or visit this website.Dec 11, 2020
DSS is required to give the parents the opportunity to participate in developing the treatment plan. The simple truth is that you can achieve the best results with the early intervention of a lawyer who understands the DSS system inside and out. There are things DSS can do and things they can’t do.
You can fight DSS. Don’t let anyone tell you otherwise. When the South Carolina Department of Social Services suspects abuse or neglect, things happen quickly–and that can mean removal of you children. DSS can show up anytime of the day or night.
DSS can show up anytime of the day or night. It’s a scary situation, and you need to know your rights. You don’t have to agree to the DSS “treatment plan.”. DSS will, whether they remove your child or not, attempt to put together a treatment plan.
Court actions in DSS cases are there to protect the health and well being of children. Family court judges look at evidence differently from criminal courts, so DSS does not have to prove that abuse or neglect happened.
Nathan Sheldon will have access to the Department of Social Services case file, which will provide more specifics of what you are accused of doing. Using this information, you can work with him to provide information and other evidence to build a defense.
When DSS is involved, there will be paperwork they may want signed. You should not sign anything that you do not understand. Instead, Nathan Sheldon will be able to explain what these documents mean and provide advise on whether to sign them or how to fill them out.