Getting notice that DSS is taking your children because there are allegations of abuse, neglect or dependency can be very scary as a parent, and so can the confusing and long process of getting your children back from the department.
My goal is to help you understand the process and what to expect at each stage. When you are initially served with a summons and petition, it means that DSS has taken custody of your child ren and normally either gives placement of the child ren to a foster home or with relatives approved by DSS.
At this hearing, the Court will determine the need for DSS to keep the children where they are at that particular point. Many times, this is where the attorneys, DSS, the Guardian Ad Litem, and the judge speak about the allegations and whether or not the parents want to stipulate to the allegations in the petition. This is also the time where the Court will set a time for an adjudication hearing if you as a parent do not want to stipulate to the allegations.
If the parents do wish to stipulate to the petition, then adjudication and disposition may be handled all in the same day as pre-adjudication. Everyone on this team here is wonderful. I would recommend to anyone. Superfluous, stress free, and professional service from the whole team the whole time. Jonathan was an excellent lawyer. He was firm and worked continually to represent me.
I am very happy with the divorce outcome. He knows his job and is fair in everything he does for his clients. Jonathan helped me with setting up a custody mediation which I was happy with. Then he helped me with my divorce and I was happy with the outcome of that also.
He is very skilled and knows the law. So gad I hired him. Breeden has helped me on a couple of different occasions. He is informative and fights for what you want. Breeden is a great lawyer. He handled my case with utmost respect. He even helped my wife, she wasn't even a client and still worked on her case. I would recommend this hard working, reliable and attentive lawyer. The investigation process can take anywhere from a few weeks to months; the average time for a DSS investigation is 45 days.
You may appeal this decision to Court within 10 days; if you do not, your name will be added to the list automatically.
DSS will also take appropriate action if they find enough evidence to prove the allegations of child abuse and neglect are valid. This may include seeking to remove your child from your care and placing them with a relative, other parent, or in foster care. You may also be asked to complete recommended classes, get counseling, and make changes at home.
Whether you are going through a custody battle , believe you should file a report with DSS about someone else, or have had an accusation filed against you, it is so important that you have the right team on your side to help you through the process. Contact our experienced family law attorneys as soon as possible by calling No information that you obtain from this web site is legal advice, nor is it intended to be.
You should consult an attorney for individualized advice regarding your own unique situation. First and foremost, and above all else, try to remain calm and rational. It is imperative to keep control, stay reasonable, and know that anything you say or do may later be used against you. In spite of what you may have heard, DSS has no inherent authority to take a child from his parents.
Confidential reports of suspected child abuse or neglect are investigated by a DSS worker who determines if further action is warranted. Anyone suspecting or knowing of child abuse or neglect should report that to DSS or law enforcement. However, medical, dental, and mental health professionals, school employees, child care professionals, religious professionals, most public employees associated with law enforcement and related fields, undertakers and funeral home employees, film processors, computer technicians, judges, or volunteer non-attorney guardians ad litem serving on behalf of the South Carolina Guardian Ad Litem program are required to report suspected child abuse or neglect to DSS.
The identity of the person making a report of suspected child abuse or neglect is confidential. It depends on several factors. South Carolina Department of Social Services has three options once it finds probable cause to believe that a child has been abused or neglected. DSS is required to hold a hearing in family court to determine if there was probable cause to remove the child. South Carolina Code section Child Protective Services is all about child abuse or neglect.
These principles delineate the boundaries within which DSS must operate and have the effect of law. These principles are a mandate to DSS to work with families to help them remedy the cause of the removal and restore the child to his or her custodian.
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