What happens if DSS cannot show probable cause?
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.
How is DSS bound by South Carolina code?
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 are these principles and why are they important? These principles delineate the boundaries within which DSS must operate and have the effect of law.
Where can I find court records in South Carolina?
Some browsers may require enabling a pop-up exception in order to view case details. The case records search is currently available for all counties in South Carolina: Go to the Public Index search page by clicking on the county link.
When do you have to go to Family Court for DSS?
There must be a hearing before a family court judge within 72 hours of the removal. A knowledgeable attorney with experience in DSS matters can either prepare and present a favorable case to the judge, or help you formulate a plan designed to facilitate reunification.
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 are these principles and why are they important? These principles delineate the boundaries within which DSS must operate and have the effect of law.
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.
How does South Carolina Department of Social services work?
South Carolina Department of Social Services has three options once it finds probable cause to believe that a child has been abused or neglected. In a relatively minor infraction, such as excessive corporal punishment, it may elect to offer in-home services without court involvement by way of a safety plan.
Can a DSS Grant custody in a CPS case?
This is one of the most misunderstood concepts of a CPS case. DSS has no authority whatsoever to give custody to anyone. Only the court can grant custody. But DSS can, for example, honor an existing joint custody order to place the child with a non-offending parent. If a child is in foster care,…
How does DSS work in a court case?
This particular case was not a court case. DSS came in and allowed the child to go live with his grandmother pending the DSS investigation. DSS then instituted a treatment plan for the parents which would lead to reunification for their child.
What’s the best thing to do in a DSS case?
First and foremost, and above all else, try to remain calm and rational. This may be the hardest thing that you will ever have to do. But doing so will set the tone for events to follow and could help your case.
What happens if you make a report to DSS?
I’m afraid that if I make a report to DSS, my neighbor will retaliate. The identity of the person making a report of suspected child abuse or neglect to any agency, such as law enforcement or DSS, must be kept confidential by the agency receiving the report and may only be disclosed in special circumstances.
This particular case was not a court case. DSS came in and allowed the child to go live with his grandmother pending the DSS investigation. DSS then instituted a treatment plan for the parents which would lead to reunification for their child.
First and foremost, and above all else, try to remain calm and rational. This may be the hardest thing that you will ever have to do. But doing so will set the tone for events to follow and could help your case.
Can a DSS investigation be extended past 45 days?
DSS is required to document the justification for an extension past the initial period. For instance, DSS may extend an investigation past 45 days if medical exams or forensic exams must be completed prior to DSS making a case decision. In other instances, the child may not be able to see a medical provider in the requisite time frame.
Who is the Attorney for the DSS investigation?
Attorney Jonathan Breeden will guide you through a DSS investigation with compassion while tenaciously protecting you and your child’s rights. He will also represent you in court if the findings of a DSS investigation lead to a request for a modification to your current child custody and visitations schedule.
What to do if your child is being investigated by DSS?
If you your child’s other parent are being investigated by DSS for abuse or neglect, contact an experienced custody attorney at Breeden Law Office. Attorney Jonathan Breeden will guide you through a DSS investigation with compassion while tenaciously protecting you and your child’s rights.
What kind of decision does DSS make on a case?
If DSS conducts an investigative assessment, DSS can make the following case decision: (1) substantiated or (2) unsubstantiated. DSS will substantiate a report if it finds that the minor child was maltreated, abused or seriously neglected.
Can a DSS investigation take longer than 45 days?
If the investigation takes longer than 45 days the agency must promptly notify the family about the extension. DSS is required to document the justification for an extension past the initial period. For instance, DSS may extend an investigation past 45 days if medical exams or forensic exams must be completed prior to DSS making a case decision.