Broom v. Derrick

In March of 2007, Mother gave birth to Child. Five months later, the Pickens County Department of Social Services (DSS) received a report of neglect from a sheriff's deputy. Three families (six adults and eleven children) resided in Child's home, trash was overflowing, moldy dishes and food were strewn about, Mother and Father admitted to using cocaine, and Child had a visibly flat head which Mother explained resulted from her being left in a car seat for extended periods. Mother also admitted that Child had received her immunizations from the health department, but had not seen a doctor since birth. DSS filed a complaint for removal of Child and her older half-sister (Sister) due to abuse and neglect. The following day, Child tested positive for cocaine. Child and Sister were removed from the home and placed in emergency protective custody. A week later, Child was placed with the Appellants the Brooms for foster care. Following a hearing, the family court found probable cause for removal of Child based on the positive drug test and Mother's admission of substance abuse. The court also gave legal custody of Child to DSS and directed the appointment of counsel for Mother. At some point thereafter an attorney was appointed to represent Mother. "This would [have been] a straightforward appeal in a termination of parental rights action but for the fact that the mother whose rights were terminated was erroneously denied counsel." Because, after its review, the Supreme Court held that the Mother was not prejudiced by the error, the grounds for termination were established by clear and convincing evidence, and termination was in the child's best interest. Accordingly, the Court affirmed. View "Broom v. Derrick" on Justia Law