who is the attorney for dss

by Raphael Ernser Published 2 years ago Updated 1 year ago 3 min read

How do I file a complaint against DSS in SC?

You may file a complaint of discrimination by contacting DSS. Write DSS Office of Civil Rights, P.O. Box 1520, Columbia, S.C. 29202-1520; or call (800) 311-7220 or (803) 898-8080 or TTY: (800) 311-7219.

Who is the director of DSS South Carolina?

Michael Leach

Michael Leach is the State Director for the South Carolina Department of Social Services. Prior to his appointment, Mr. Leach served with the Department of Children's Services for more than 10 years, most recently as the Deputy Commissioner of Child Programs.

How long does a DSS investigation take in NC?

about 45 days

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 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 do I file a complaint against a DSS in NC?

1. If a social worker is either licensed (LCSW or LCSWA) or certified (CSW, CMSW, CSWM) then one may file a complaint with the North Carolina Social Work Certification and Licensure Board. The Board may be reached by calling 336-625-1679, or emailing [email protected].

Can you sue DSS in NC?

You can, but you have an uphill battle against the state department of social services (DSS) in court. If you believe that they have discriminated against you or removed your child for no reason, you may be able to sue in federal court.Feb 8, 2022

What are the 4 types of child neglect?

Answer

Physical Neglect. The failure to provide necessary food, clothing, and shelter; inappropriate or lack of supervision.
Medical Neglect. The failure to provide necessary medical or mental health treatment.
Educational Neglect. ...
Emotional Neglect.

Dec 27, 2018

What are my rights against 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.

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

What happens if you fail a drug test for DSS in South Carolina?

Marijuana use is more likely to arise as a secondary concern – once DSS has gotten involved, you may be subjected to drug tests. Failed drug tests, even for a “not-quite-legal” drug like marijuana, can result in removal of the children, loss of custody of the children, or even termination of parental rights.Dec 28, 2018

Why do courts take DSS cases?

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.

Does DSS have to prove abuse?

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. Family court judges look at evidence differently from criminal courts, so DSS does not have to prove that abuse or neglect happened.

Why is DSS required?

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.

What is the key to DSS?

The key is early intervention. 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.

Can you fight DSS in South Carolina?

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.

Can DSS remove a child?

DSS will, whether they remove your child or not , attempt to put together a treatment plan. You need to understand that you don’t have to agree to that plan and, even if you do, you may be able to change it if circumstances justify changes in the plan.

Can DSS show up at 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.

Ellen Hoke Babb, Managing Attorney

Ellen Hoke Babb was born in Greenville, South Carolina. A second generation attorney, Ms. Babb understands clients’ need compassionate results driven attorneys representing them. Ms. Babb studied at East China Normal University in Shanghai, China.

Hope Grant, Attorney

Hope Grant was born and raised in Wendell, North Carolina. Ms. Grant graduated cum laude from North Carolina State University in 2002 with a Bachelor of Science in Textile and Apparel Technology and Management. As an Institute of Textile Technology Fellow, Ms.

Education

Charleston School of Law, 2010Juris DoctorHonors: Charleston Law Review, Articles Editor

How does DSS prove its case?

At hearing on the merits, DSS must prove its case by a preponderance of the evidence. South Carolina Code section 63-7-1650 and 1660. In an action for termination of parental rights, DSS must prove its case by clear and convincing evidence.

What is the burden of proof for a DSS attorney?

The burden of proof by which the DSS attorney must prove that child abuse or neglect occurred is relatively light, and he only has to convince one person, the judge. And the judge, if he makes a mistake, will most likely err in favor of protecting the child. So you tell me.

Can DSS be removed from custody?

Or DSS may petition the family court for authority to intervene and provide protective services without remo val of custody if the department determines by a preponderance of evidence that the child is an abused or neglected child and that the child cannot be protected from harm without intervention.

What happens if you can't show probable cause in a DSS case?

If DSS can show probable cause, a low threshold, the court must order the child into the “physical and legal custody of DSS.”. If DSS cannot show probable cause, the family court must order the child returned home. But that doesn’t mean that DSS has to leave you alone or that the case is dismissed.

What is child protective services?

Child Protective Services is all about child abuse or neglect. Without child abuse or neglect, DSS has no authority to insert itself into your life. DSS is bound by certain principles which are set out in detail in South Carolina Code section 63-7-10.

What is DSS treatment plan?

Except in cases of extreme abuse or neglect (for example: sexual abuse or abuse resulting in severe injury to the child or death of a sibling), DSS will first propose a treatment plan reasonably designed to promote rehabilitation and reunification.

What is the Central Registry of Child Abuse and Neglect?

The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect (Central Registry) within the department’s child protective services unit which lists perpetrators of child abuse and neglect whose entry has been ordered by the court.