S.C. Dep’t of Soc. Servs. v. Boulware

In this case, the South Carolina Supreme Court had to decide whether Petitioners Edward and Tammy Dalsing had standing to pursue a private action to adopt a child who had been placed in their foster care by the South Carolina Department of Social Services (DSS). Law enforcement took the minor child (Child) into emergency protective custody after discovering an active methamphetamine lab outside the home where Child resided with Allyssa and Jonathan Boulware. Child was sunburned, had several insect bites, suffered from severe diaper rash, and tested positive for methamphetamine, cocaine, and marijuana. DSS placed Child in foster care with Petitioners on the same day and then commenced an abuse and neglect removal action. Child's biological parents were Allyssa Boulware and John Stafford (Parents), and Child's legal father by marriage is Jonathan Boulware. The instant controversy began when DSS and Parents reached an agreement for Child to be placed with relatives Darryl and Ruth Ann Armstrong (Aunt and Uncle) in order to give Parents more time to work on a treatment plan. The proposed placement with Aunt and Uncle was not an adoptive placement. DSS intended to close its case after Parents completed the treatment plan. Petitioners immediately moved to intervene in DSS's removal action and commenced a private TPR and adoption action. The family court held a second permanency planning hearing, but declined to rule on DSS's new permanent plan of relative placement with Aunt and Uncle until the court ruled on Petitioners' motion to intervene. The family court found Petitioners did not have standing, and the court of appeals affirmed. S.C. Dep't of Soc. Servs. v. Boulware. The Supreme Court reversed and remanded to the family court, concluding Petitioners had standing to pursue a private adoption under the facts of this case. View "S.C. Dep't of Soc. Servs. v. Boulware" on Justia Law