CourtListener 10155336•SCDSS v. Katrina P.
Full text
THIS OPINION HAS NO
PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
South Carolina
Department of Social Services, Respondent,
v.
Katrina P. and
William C. Defendants,
Of Whom Katrina
P. is the Appellant.
In the interests of D.C. and D.C., two
minor children under the age of 18.
Appeal From Barnwell County
C. David Sawyer, Jr., Family Court Judge
Unpublished Opinion No. 2008-UP-559
Heard September 17, 2008 Filed October
9, 2008
AFFIRMED
Mitchell J. Williams, of Columbia, for Appellant.
Dennis M. Gmerek, of Aiken, for Respondent.
Angela W. Abstance, of Barnwell, for Guardian Ad Litem.
PER CURIAM: Katrina
P. (Mother) appeals from the family courts order terminating her parental
rights (TPR) to two minor children. Mother argues the family court erred in
finding TPR was in her childrens best interests. We disagree.
1. We
affirm the family courts finding the children resided in foster care, under
the responsibility of the state, for fifteen of the most recent twenty-two
months. See S.C. Code Ann. §
20-7-1572 (Supp. 2007)[1] (stating the family court may order TPR upon finding one or more of eleven
statutory grounds is satisfied and also finding TPR is in the best interest of
the child); S.C. Code Ann. § 20-7-1572(8) (Supp. 2007) (explaining one
statutory ground for TPR is met when [t]he child has been in foster care under
the responsibility of the State for fifteen of the most recent twenty-two
months); Charleston County Dept of
Soc. Servs. v. Jackson, 368 S.C. 87,
101-02, 627 S.E.2d 765, 773 (Ct. App. 2006) (noting the purpose of this
statutory ground is to ensure children do not languish in foster care when
termination of parental rights would be in their best interests).
2. Furthermore, despite Mothers arguments to
the contrary, we find the family court
did not err in finding clear and convincing evidence supported a finding that termination
of Mothers parental rights is in the best interests of her children. S.C.
Code Ann. § 20-7-1578 (Supp. 2007) (explaining if the parents and childrens
interests conflict, the childrens interests prevail); Charleston County Dept of Soc. Servs. v. King, 369 S.C. 96, 105, 631 S.E.2d 239, 244 (2006) (When
reviewing the family court decision, appellate courts may make their own
conclusions of whether DSS proved by clear and convincing evidence that
parental rights should be terminated.); Jackson, 368
S.C. at 95, 627 S.E.2d at 770 (stating despite the appellate courts broad
scope of review, it should not necessarily disregard the findings of the family
court, which was in a better position to evaluate the credibility of the
witnesses and to assign weight to their testimony); S.C. Dept of Soc.
Servs. v. Smith, 343 S.C. 129, 133, 538 S.E.2d 285, 287 (Ct. App. 2000)
(declaring the best interests of the children are the paramount consideration
in a TPR case).
Accordingly,
the family court order terminating Mothers parental rights is
AFFIRMED.
HEARN,
C.J., and HUFF and KONDUROS, JJ., concur.
[1] The General Assembly amended the Code of Laws of
South Carolina, effective June 16, 2008, to add Title 63, the South Carolina
Childrens Code, and to transfer all provisions of Title 20, Chapter 7 to Title
63. See Act No. 361, 2008 S.C. Acts 3623 (stating the transfer
and reorganization of the code provisions in this act are technical . . . and
are not intended to be substantive). Because Title 63 has not yet been
bound, all citations to the statute refer to Title 20.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.