SCDSS v. Setters

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

South Carolina Department of Social Services,
Respondent,

v.

Samuel L. Setters, Jr., and Candice Cook, Defendants,

Of whom Samuel L. Setters, Jr., is the Appellant.

In the interest of minors under the age of eighteen.

Appellate Case No. 2017-000478

Appeal From Aiken County
Dale Moore Gable, Family Court Judge

Unpublished Opinion No. 2017-UP-352
Submitted August 4, 2017 – Filed August 31, 2017

AFFIRMED

Melinda Inman Butler, of The Butler Law Firm, of
Union, for Appellant.

Susanna M. Ringler, of the South Carolina Department of
Social Services, of Aiken, for Respondent.
Amy Patterson Shumpert, of Nance, McCants & Massey,
of Aiken, for the Guardian ad Litem.

PER CURIAM: Samuel L. Setters, Jr., appeals a family court's order finding he
sexually abused one of his minor children; placing custody of his minor children
with their mother, Candice Cook; ordering Setters and Cook to complete
placement plans; and granting Setters overnight visitation with four of his minor
children. Counsel for Setters filed an affidavit pursuant to Ex parte Cauthen, 291
S.C. 465, 354 S.E.2d 381 (1987), stating she reviewed the hearing transcript and
believed the appeal lacked merit. After a thorough review of the record and the
family court's findings of facts and conclusions of law pursuant to Cauthen, we
affirm the family court's ruling and relieve Setters's counsel.1

AFFIRMED.2

SHORT, KONDUROS, and GEATHERS, JJ., concur.

1
After review, this court was initially concerned that the family court granted
Setters overnight visitation despite finding he sexually abused one of his minor
children. However, the family court subsequently issued an order on June 15,
2017, altering that visitation to provide the overnight visitation would be
supervised.
2
We decide this case without oral argument pursuant to Rule 215, SCACR.