what happens when a dss case is referred to the county attorney

by Prof. Arnulfo Quigley V 9 min read

What is a DSS case?

DSS Legal Office - Beaufort County Department of Social Services Post Office Box 1065 Beaufort, South Carolina 29901 Telephone 843-255-6091 Facsimile 843-525-0413 Trasi Campbell, Managing Attorney [email protected] BERKELEY DSS Legal Office - Berkeley County Department of Social Services 2 Belt Drive

What happens if DSS does not investigate a case?

DSS Legal Office - Abbeville County Department of Social Services Post Office Box 1096 Greenwood, South Carolina 29648 Telephone 864-227-7814 Facsimile 864-388-0794 Dawn Puderbaugh Hodges, Circuit Managing Attorney [email protected] AIKEN DSS Legal Office - Aiken County Department of Social Services

What happens in a DSS custody case?

Jul 22, 2013 · Graves H. Wilson, Jr. worked as a staff attorney for the South Carolina Department of Social Services in Dorchester County, South Carolina from 2005 to 2011. He now represents clients involved in DSS cases--parents, grandparents, or other interested parties. He practices state-wide and accepts cases in all South Carolina counties.

Can a court appoint a lawyer for a parent in DSS?

Dec 13, 2015 · The Department of Social Services (DSS) serves multiple purposes in South Carolina. Perhaps the most well-known service is for the protection of children who have been abused or neglected. This process can be complicated to understand, so here, our Charleston family lawyers and DSS defense attorneys explain the basic process of a DSS case and certain …

How long does DSS investigation take in SC?

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.

How long does a DSS investigation take in NC?

Potential Outcomes of DSS Investigations Once a social worker has completed the investigative assessment, they will determine whether the allegations of abuse or neglect are substantiated or not. This can take weeks or months but usually last about 45 days.

How long does a DSS case stay open in SC?

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.

Can social services take my child away without evidence?

Can social services take my child away? 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

How long does CPS have to close a case in NC?

Case Closure Requirements Within 7 calendar days after case decision of Substantiation or Services Needed ● For In-Home cases, face-to-face contact with family regarding case decision ● Complete all documentation, closing forms, and case file.

How long does a CPS case stay open in NC?

approximately 45 daysHow long does a CPS investigation last? In most instances, Child Protective Services has approximately 45 days to investigate reports of neglect, dependency and abuse. If the investigation takes longer than 45 days the agency must promptly notify the family about the extension.Oct 6, 2017

What are my rights with DSS in SC?

Both the United States Constitution and the South Carolina Constitution guarantee against unreasonable searches and seizures and unreasonable invasions of privacy. You have a right to legal representation at all stages of a DSS action, including the investigative stage.

Can you sue DSS in SC?

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

Is child neglect a felony in South Carolina?

Unlawful Dealing With a Child and Child Neglect Charges In Greenville, child neglect is considered a felony. It can also carry a sentence of up to ten years imprisonment in the South Carolina Department of Corrections. In order to be convicted, the State must prove several things.

Do social services spy on you?

The Law allows government investigators including social workers to view a citizen's social media accounts once, but thereafter requires the actor to get permission for repeat viewing or continued surveillance.Mar 29, 2019

Do social services always win in court?

The main job of Social Services is to make sure that children are safe and that the standard of care which they receive is good enough (you won't have to be perfect). Most cases do not end up in Court.Aug 8, 2018

Can social services speak to a child alone?

When talking to the child, the social workers must observe and communicate with them in a manner appropriate to his age and understanding. If a parent does not provide consent for the social worker to speak to the child on their own, professionals may become more concerned for the child's safety and well-being.Feb 27, 2019

What does Nathan Sheldon do?

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.

Can you sign anything with DSS?

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.

What is an intentional program violation?

An Intentional Program Violation (IPV) is the Department of Social Services’ way of saying someone lied in order to obtain benefits. DSS may claim that a person has committed an IPV if he or she failed to report information, made a false or misleading statement, or engaged in conduct which violated DSS rules. There are many reasons for IPVs.

What happens if you don't appear at a hearing?

The recipient’s failure to appear at the hearing can result in a default, allowing the hearing to proceed in the recipient’s absence. Therefore it is very important that the recipient appear at the hearing. This does not mean that the recipient must answer questions, and it is often best not to answer questions.

Can you go to jail for welfare fraud?

Conviction for the crime of welfare fraud can result in jail or prison time. It should be noted that in many instances, DSS MUST refer a case involving an IPV to the district attorney for criminal prosecution. In these cases, the recipient may be entitled to a court appointed attorney.

How long does it take for a CPS to investigate a child?

When CPS receives a report from the SCR, it is required to begin an investigation within 24 hours. The investigation usually begins with a visit to your home by a CPS caseworker, who will be assessing the safety of the child named in the report and any other children living in your household.

How long does it take for a child to report abuse?

CPS then begins an investigation, which it has 60 days to complete. At the end of the investigation, CPS determines whether the report is “indicated” or “unfounded.”.

What is an "other person"?

Generally, the “other person” is the child’s parent, when another person is alleged to have committed the abuse or neglect (i.e. the other parent, his or her spouse, your spouse or another family member). If you receive notification as an “other person” you are not being investigated yourself, you are simply being advised ...

How to report abuse in New York?

In New York State, individuals report suspected abuse or maltreatment to the Statewide Central Register ( SCR) by calling a toll-free hotline, 1-800-342-3720. Some individuals, such as teachers, social workers, doctors, etc., are mandated reporters; meaning they are required by law to “hotline” cases of suspected abuse or maltreatment.

When is a registry check required?

Most commonly, registry checks are performed when someone applies for a job seeking to work with children. And, in child custody proceedings, the courts are required to perform registry checks.

What happens if you go to trial?

If you go to trial, there is no jury. The Family Court Judge is the ultimate finder of fact. If the Department is able to prove its case, the court will make a “dispositional order” directing you to do (or not do) certain things.

What is the goal of family court?

The main goal of Family Court is reunification. So even if there is a finding of neglect, and your children are not immediately returned, the initial permanency goal is almost always “reunification.”.

What is medical malpractice law?

Medical malpractice law is a fascinating area of law. It is technical. It is highly specialized and requires a great deal of knowledge of medicine as well as a high degree of trial skill. In this lecture, which was designed to teach lawyers who practice in other areas of law, what they need to know about medical malpractice law in New York. Lawyers across the country

What is settlement conference?

A settlement conference is designed to get all parties to the lawsuit together to try and negotiate and resolve your case. If you were there in addition to the people you have sued, tempers would flare and everyone's objections, opinions and feelings would get in the way of having true negotiation discussions.

Experienced DSS Case Defense Attorney

Our DSS (South Carolina Department of Social Services) case defense practice is dedicated to advising and representing individuals in South Carolina’s Family Courts in the 14th Circuit, specifically Beaufort County Family Court, Jasper County Family Court, Allendale County Family Court, Colleton County Famly Court, and Hampton County Family Court.

Lee Law Firm helps you hold on to what you cherish most. When you are faced with the removal of your children or step-children by the Department of Social Services, you need an experienced attorney fighting for you

Our DSS case defense attorney, Dustin Lee, is dedicated to providing the highest level of service and professional representation in family law matters. We have assembled a compassionate and competent legal team to effectively represent you throughout the process in an effort to keep your family together.

Contact our DSS Family Court defense office in Hilton Head Island, South Carolina, now for the effective representation you need and deserve to resolve your legal issues

With a primary office on Hilton Head Island, in Beaufort County, South Carolina, and additional meeting space locations throughout South Carolina’s Lowcountry, Lee Law Firm, LLC, is able to help you through the rigorous process of battling the South Carolina Department of Social Services. Please contact us with your legal concerns by telephone.