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.
Table of Contents
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.
How long does DSS case stay open in SC?
How Long Does a DSS Investigation Take in South Carolina? DSS has 45 days to finish its investigation after DSS receives a report of abuse or neglect. If necessary, the family court may grant an additional 15 days to complete the investigation if there is a good cause to do so.
What is a pro bono attorney?
How do you qualify for a pro bono (free) attorney? To qualify for free legal assistance, a person must comply with a ‘means test’ (a maximum monthly or no income) and have a legal problem with merit. You will be referred to an attorney by the Legal Practice Council who will assist you free of charge (pro bono).
How do I file a complaint against DSS in SC?
- Hotline: 1-855-723-7283.
- Office: 803-896-4729.
- Fax: 803-896-4309.
What can you sue social services for?
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 does DSS look for at home visits in SC?
Many people wonder, “What does CPS look for in a home visit?” The major factors are making sure the home is a safe place for the child. For example, they look at the quality of the sleeping conditions, how much food is available, and if the child has enough clothing to determine if there’s any sign of neglect.
How long does a father have to be absent to lose his rights in South Carolina?
Abandonment Defined If one parent abandons the child and does not visit the child or contribute financially to the child’s upbringing for a period of at least six months, you may have grounds to seek a termination of parental rights.
Can you refuse to talk to social services?
You have every right to refuse any social service people admission to your home. They would have to go away and get police assistance + court order (they would have to provide enough evidence to a judge it was an emergency, that your kids were at risk).
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.
What is considered child neglect in SC?
Under this section, parents, guardians, or some other person responsible commits child abuse or neglect if they: Inflict physical or mental injury to a child, allow such harm to be inflicted, or do something that presents a substantial risk of such harm to a child.
What is considered child abandonment in South Carolina?
(1) “Abandonment of a child” means a parent or guardian wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child’s needs or the continuing care of the child.
Does pro bono mean free?
Pro bono work is legal advice or representation provided free of charge by legal professionals in the public interest. This can be to individuals, charities or community groups who cannot afford to pay for legal help and cannot get legal aid or any other means of funding.
What does law for all do?
LAW FOR ALL’s mission is simple: to make the law affordable and accessible for everyone. Our award-winning team of talented, caring, and dependable legal experts will go above and beyond to ensure policyholders have access to justice and that their rights are protected. We’re always looking ahead.
What are Probono cases?
Pro bono is short for the Latin phrase pro bono publico, which means “for the public good.” The term generally refers to services that are rendered by a professional for free or at a lower cost. Professionals in many fields offer pro bono services to nonprofit organizations.
Who is the head of DSS in South Carolina?
Michael Leach is the State Director for the South Carolina Department of Social Services. Prior to his appointment, Mr.
What powers do social services have to remove a child?
Social workers from children’s services departments cannot remove a child from their parent or carer to the care system unless either: The Family Court has approved a plan for the child to be removed and made an order allowing children’s services to put that plan into action, or.
How does DSS work in SC?
DSS will usually do an emergency investigation within 24 hours of taking your child. DSS will try to figure out if it should take legal custody of the child, return the child home, or place the child with a relative.
What are social services not allowed to do?
What Social Services Cannot Do. Social services cannot remove your child from your home without an order by the court, your consent, or a Police Protection Order. Additionally, social services cannot decide what will happen to your child or place your child in permanent foster care without a court’s decision.
Do judges always agree with social services?
The judge is likely unless he or she considers that the evidence before the court suggests otherwise to take full account of the recommendations made by children’s services and the guardian.
Can I ask for a new social worker?
If you do wish to request a change of Social Worker for your child then you should speak to the Social Worker first and then to their Team Manager. It is best to put a formal request for a change in writing, either a letter or email and you should keep a copy. Generally my advice is to cooperate with the Social Worker.
What does it mean when CPS red flags you?
Investigations which automatically meet the Red Flag designation are those investigations in which, at a minimum, critical injuries have occurred, a permanent or serious impairment may have occurred, or there has been a death or critical injury to another child in the family.
What is considered an unstable home for a child?
The child may reside in a home that is not physically safe or supportive; it may have no heat, electricity, water, sewer disposal. The house may be in general ill repair. The second physical instability comes from the physical interactions that occur between family members.
What are the 4 types of child neglect?
- 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.
How do I remove parental responsibility from absent father?
To terminate a father’s parental responsibility for his child you will need to make a court application and the judge will assess whether the father’s behaviour is exceptional and justifies the termination of his parental responsibility as the order is in your child’s best interests.