how to find a lawyer for dss

How long does 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.

How long does a DSS investigation take in SC?

Despite this flexibility in cases in which there is no obvious impediment CPS should make every effort to complete its investigation within six weeks. If DSS receives a report alleging neglect the investigative social worker has up to 72 hours to begin the investigation.Oct 6, 2017

Can you sue DSS in SC?

Can I Sue the Department of Social Services (DSS)? 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

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.

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.

Are DSS cases public record?

Therefore, all DSS records are open to the public unless specifically closed by state and/or federal law. State and federal law and regulations determine what DSS may provide, and whether any information in the records must be redacted or edited to keep protected information confidential.

Can you sue social workers?

When Would You Make A Claim Against Social Services? You may be able to claim against social services if you were under the organisation's care when the abuse happened, or if neglect on the part of a social worker put you in a situation where you were abused.

What happens when DSS takes a child in SC?

In many cases, DSS will start a case for removal. In these cases, the family court will schedule a probable cause hearing within 72 hours of taking the child into custody. If the last day falls on a weekend or holiday, the hearing will occur on the next working day.

Can you sue a child?

In the eyes of the law, a child or minor is the term given to a person who is under 18 years of age. A minor is unable legally to make a claim on their own behalf. Therefore in accident claims involving children, an adult can step in and make the personal injury claim on their behalf.

What are the 4 types of child neglect?

AnswerPhysical 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

At what age can a child refuse visitation in SC?

Many clients ask me whether there is an age can a child have to be to refuse visitation. Under South Carolina's family laws, there is no set age at which a child can refuse to go visit with the other parent.

At what age can you kick your child out of the house in South Carolina?

17 years oldOn the other hand, if you are 17 years old and have a record of being incorrigible (beyond your parent's control), then your parents may kick you out of their home and stop supporting you in any manner.

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.

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 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.

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.

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.

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.

What happens if you can't show probable cause in a child custody case in South Carolina?

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. DSS will still continue to seek a finding by the court that the child was abused or neglected. South Carolina Code section 63-7-720.

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.

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 happens if a child is neglected by DSS?

If DSS then believes that by reason of abuse or neglect the child’s life, health, or physical safety is in substantial and imminent danger , DSS must apply to the local Family Court for a court order ordering the child into DSS custody.

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.

Who will testify for DSS?

Although it may seem unfair, the Judge will almost always take DSS’s side, as DSS will have experts testify as to the wellbeing of the child. This may include social workers, psychologists, and any other relevant witnesses.

What is the duty of DSS?

Although it probably doesn’t feel like it when a stranger swoops in and takes your child, DSS has a duty to protect the parent-child relationship. The Juvenile Code, which provides the basis for DSS intervention, specifically states that the purpose of the Code is to “provide procedures for the hearing of juvenile cases that assure fairness and equity and that protect the constitutional rights of juveniles and parents.” [G.S. 7B-100 (1)]. Prior to a Court Order terminating parental rights, DSS should be working to protect the relationship between you and your child. That means that you should be named as a necessary party to any legal proceeding taking place, with the only exception being ex-parte actions—where an individual or agency tries to convince the Court that circumstances in light most favorable to the petitioner are so dire that the court should temporarily order a removal or change of custody without giving you a chance to state your side of the story. Although this may seem like a violation of your constitutional right to procedural due process, both the Supreme Court of the United States and North Carolina case law support the validity of such proceedings. Where a child’s interest in being protected from abuse and neglect is weighed against parental rights to procedural due process, the Court will almost always grant an ex-parte order so as to protect the interest of the child. The basis for this was most recently stated in Owenby v. Young, 357 N.C.142, 145 (2003), which states “The justification for the [parent’s] paramount status is eviscerated when a parent’s conduct is inconsistent with the presumption” that the parent is acting in the best interest of the child.

What is the most severe form of state intervention that DSS may use to protect the interests of the child?

Terminating rights is the most severe—and most permanent—form of state intervention that DSS may use to protect the interests of the child. DSS has an obligation from the initial contact with you to work towards reunification with you and the child.

What happens if a court finds that a child has been abused?

If a Court adjudicates that your child has been abused, neglected, or become dependent, you are stuck with that decision. The threshold for challenging such a finding is a “clear abuse of discretion”, and those claims are rarely successful.

What are the obligations of DSS?

Those obligations to you include: That you be treated in a courteous and respectful manner. That you know DSS’s legal authority and right to intervene in cases of child abuse, neglect, or dependency. That you know the allegations of abuse, neglect, or dependency reported at the first contact with DSS.

How often do you have to appear before a judge?

For the next calendar year, you will be required to appear in front of the Judge every 30 days for review hearings. It will be vital that you keep in constant contact with your attorney, and that you comply with whatever conditions the Judge orders.

Do you have the right to an attorney?

Right to an Attorney. You have the right to an attorney, and the right to have counsel appointed in the event that you are unable to afford one. You should know, however, that a court appointed attorney may not end up being “free”.

What is a DSS case?

Most DSS cases start off with someone reporting abuse or neglect. It can be a teacher or neighbor who witnesses bruises, a doctor who treats the child and sees signs of abuse or neglect, or any other person who suspects something is wrong. Certain people are required by law to report a case to law enforcement if they receive information that the child’s welfare is in danger. The list is long, but generally it includes health care workers, educational workers, certain child caretakers, funeral home employees, certain social workers, and clergymen. Law enforcement then notifies DSS.

How long does it take to get a hearing in a DSS case?

DSS will serve the petition on the person, and the person then has 5 days to request a hearing in writing. If the person (or his or her attorney) requests a hearing, the court will hear the case on its merits.

How long does it take for a DSS to investigate a child in South Carolina?

Preliminary Investigations in South Carolina DSS Cases. DSS is supposed to conduct a preliminary investigation within 24 hours of taking the child into custody to determine whether they have probable cause to begin the court process of removing the child.

How long does it take for a DSS report to be substantiated?

Within 24 hours of receiving the report of abuse or neglect, DSS must begin an investigation to determine whether the report is “indicated” or “unfounded.” The finding is supposed to come within 45 days.

What happens if you don't return a child to a parent in South Carolina?

If the officer instructs DSS to not return the child to a parent or relative, regardless of the outcome of the preliminary investigation, then DSS must keep custody pending the investigation and the probable cause hearing.

Can DSS get a warrant for probable cause?

AS part of the investigation, DSS can get a warrant authorizing them to interview the child, inspect the condition of the child, inspect the premises where the child may be, and/or get copies of medical records, school records, or other records.

Who is responsible for medical bills in a child custody case?

The parents will be responsible for the medical bills unless the medical exam is done at the cop’s request for the purpose of determining whether abuse or neglect occurred. If the child doesn’t need medical care, then the child will be turned over to DSS and foster care options will be considered.

What is the Department of Social Services?

The Department of Social Services (DSS) provides services and programs to the general public, including low-income individuals and families, such as Medicaid, Food and Nutrition Services, Workfirst and Foster Care and Adoption assistance. To serve large populations of individuals and families needing services, a case worker is usually assigned ...

How to find contact information for a caseworker?

Contact information can usually be found by clicking the "Contact Us" link. Contact the agency's customer service or switchboard operator line and give the person's last name. Ask the representative for the name and contact information for the caseworker assigned to individuals with that particular last name.

What is a case worker?

To serve large populations of individuals and families needing services, a case worker is usually assigned to handle individual client cases and records for a specific caseload of people. If you need to locate a person's DSS caseworker to report an issue or for other matters, resources are available to assist your search.

Can a caseworker discuss a case without prior written authorization?

Although you might be able to obtain the caseworker's contact data, due to confidentiality, she cannot discuss any information related to the person's case, such as updates regarding specific issues, without prior written authorization.