South Carolina Family Law Blog : Spartanburg Divorce Lawyer & Attorney : Stevens-MacPhail Law Firm : South Carolina Family Law Serving Columbia, Charleston, Greenville, Hilton Head Island

The South Carolina Court of Appeals issued a decision last week in Department of Social Services v. Laura D that it is necessary for incarcerated parents to be present at hearings, particularly when the Family Court has already issued an Order requiring the Department of Corrections to transport that parent to the hearing.

After the child of Mother tested positive for cocaine, the child was taken into emergency protective custody and Mother was ordered to complete a treatment plan. Prior to a scheduled judicial review hearing, Mother was incarcerated. Although the family court ordered the Department of Corrections to transport Mother to the hearing, it failed to do so.

At the hearing, Mother's counsel moved for a continuance based on Mother's absence but the trial court denied the motion, finding Mother to be at fault for her absence based on her incarceration. The Mother appealed, and the Court of Appeals reversed and remanded for a new hearing with Mother present.

The Court of Appeals held that Mother was a necessary and proper party to the action and that the Family Court's refusal to grant her motion for a continuance denied her meaningful access to the courts. The Family Court's reliance on Mother's incarceration preventing her from being present at the hearing was misplaced because she was entitled to be present at the hearing under the court's order of transport.

You can read the full text of this opinion by clicking HERE.

 

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Childhood obesity can lead to a host of health problems, including Type 2 diabetes, insulin resistance, hypertension, high cholesterol, sleep apnea and orthopedic problems.  Experts have begun to debate whether removing morbidly obese children from their parents will boost those children's chances for a healthier life.  

Other experts say that parents' share of responsibility in weight gain isn't always easy to judge and that it's unfair to blame solely the parents.  These experts point to other factors that influence a child's weight, such as genetic predisposition, socioeconomic status, environmental factors, and even children sneaking extra food behind their parents' backs.

You can read much more here about the debate over whether the State should remove obese children from their parents.  

Source: "Should Parents of Obese Kids Lose Custody?" by Gaelle Faure, published at Time.com.

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My firm represents people in cases where the Department of Social Services has removed their children.  In fact, I am frequently hired by individuals who want to fight D.S.S. and have their children returned.  I am fortunate to have developed a good reputation in these cases over the years.  If D.S.S. has taken your children, I encourage you to contact my office as soon as possible to schedule an appointment to discuss your case.  The follow article explains what happens when these cases begin:

DSS may come into your life for multiple reasons. Sometimes it is for a good reason and sometimes it is completely frivolous. When it comes to having your children removed from by DSS it can be a very distressing situation. Regardless of the reason for the removal of your children the Family Court must hold a probable cause hearing within 72 hours to determine if DSS had probable cause or a good enough reason to remove your children.

At this hearing, DSS generally has the upper hand. In almost all cases, defendants are not represented by an attorney at this hearing and they have no idea why they are in court, what has happened to their children and what they have to do to get their children back. At the probable cause hearing, DSS will call witnesses and attempt to prove their case while you will not be allowed to testify. You will have an opportunity cross-examine the DSS witnesses and you will be able to submit affidavits to the court supporting your situation.

If you are unrepresented at this hearing and are unable to afford an attorney to represent you, the family court will appoint an attorney to represent you. This is great, except that not all attorneys that are on the appointment list handle family court and DSS matters. You may get an attorney who makes it his goal in life to stay away from a court room. A guardian ad litem will also be appointed to represent your children and to perform an investigation for the Court with their mind set on determining what is in the best interest of the children.

I would recommend that if your children have been taken from you by DSS you should immediately contact an attorney who is experienced in representing people in DSS matters. There are strict time lines and regulations that DSS must comply with and if they don’t it can help your case. Only an experienced professional will know these things. You should not go to a probable cause hearing unrepresented if you can help it.

Source:  "What Happens If DSS Takes Your Children?" by V. B. Atkins III, published at his Upstate Family Law Blog.

 

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Many states are beginning to realize that children from the foster care system "might" need help after they turn 18.  The Florida Divorce Law Blog reports that the premise of helping foster kids beyond the day they turn 18 is taking hold in at least 17 states across the nation.

The New York Times reports that many states are expanding efforts to help young adults prepare for life outside the system, offering transitional housing, education, medical care and mentoring as they step out on their own, sometimes to age 21 or even beyond.

The American Bar Association supports a universal option for children to remain in foster care until age 21.  A study conducted by the Chapin Hall Center for Children at the University of Chicago indicates that those who remain in foster care longer are faring better than those who leave at 18.

Those advocating additional services point out that most young adults in our country are not prepared to fend for themselves on their 18th birthdays.  They believe that foster kids are even less prepared by virtue of being raised in foster care, and that explains why so many end up in jail, shelters and unrelenting poverty.

Of course, others claim that youths do not benefit from others taking too much care of them, because they are deprived of the opportunities and experiences that come from caring for themselves.  You can read more about this complex issue in the New York Times article "Offering Help for Former Foster Care Youths".

Source:  Thanks to Janet Langjahr of the Florida Divorce Law Blog for her post "Foster Care: Is the Job Complete on Youths’ 18th Birthdays?" on this subject.

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