Charleston County Department of Social Services v. Marccuci
396 S.C. 218
| S.C. | 2011Background
- Child born September 16, 2005 to Sean Taylor and Christine Marccuci; removal to DSS custody February 2006 after Taylor's arrest for alleged excessive discipline and Marccuci's absence; child placed with Taylor's parents (grandparents) during removal.
- Taylor pled guilty to fourth-degree child cruelty, placed on probation, and daughter was subsequently returned to his custody; they lived in New Jersey until September 2007, when Marccuci moved to South Carolina with the child and Taylor followed.
- In October 2007, Taylor moved with Marccuci and the child to a hotel in North Charleston; January 23, 2008 police report erroneously indicated an outstanding rape warrant for Taylor, leading to his arrest and the child’s protective custody by DSS.
- Taylor was extradited to New Jersey and served five months for probation violation; a court order prohibited contact with the child, and DSS pursued placement with the grandparents in New Jersey; an interstate compact home study was completed and approved by NJDCF in August 2008.
- From removal through 2009 there were multiple continuances and delays in the removal/removal-review process; the child had lived in seven foster placements by mid-2009, and visitation with grandparents was inconsistently allowed or denied.
- On August 10, 2010, the family court terminated Taylor and Marccuci's parental rights on several grounds; the SC Supreme Court reversed the termination as to willful failure to visit, willful failure to support, and the fifteen-month foster-care ground, directing reunification or placement with grandparents in New Jersey pending reunification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether willful failure to visit was proven | Taylor did not willfully abandon visitation obligations | DSS argues Taylor was enjoined and failed to visit | Not proven by clear and convincing evidence |
| Whether willful failure to support was proven | Taylor paid support when able and lacked current ability during incarceration | DSS contends failure to provide support | Not proven by clear and convincing evidence |
| Whether 15 of 22 months in foster care justifies termination | Ground technically met, but delays were attributable to others | Ground supports termination under statute | Not controlling; delays caused by system; termination reversed |
Key Cases Cited
- Richberg v. Dawson, 278 S.C. 356, 296 S.E.2d 338 (1982) (clear-and-convincing standard for termination)
- Charleston Cnty. Dep't of Soc. Servs. v. Jackson, 368 S.C. 87, 627 S.E.2d 765 (Ct.App.2006) (parens)
- S.C. Dep't of Soc. Servs. v. Cummings, 345 S.C. 288, 547 S.E.2d 506 (Ct.App.2001) (review standard on appeal for TPR grounds)
- S.C. Dep't of Soc. Servs. v. Broome, 307 S.C. 48, 413 S.E.2d 835 (1992) (willful neglect defined as settled purpose to forego duties)
- S.C. Cochran, 356 S.C. 413, 589 S.E.2d 753 (2003) (delay considerations in foster-care grounds)
- Earles v. Richland Cnty. Dep’t of Soc. Servs., 330 S.C. 24, 496 S.E.2d 864 (1998) (context for termination standards and delay)