S.C. Dep't of Soc. Servs. v. Boulware
422 S.C. 1
| S.C. | 2018Background
- Child was taken into emergency protective custody after exposure to methamphetamine and tested positive for drugs; DSS placed the child with foster parents Edward and Tammy Dalsing on Aug. 27, 2013.
- DSS initially pursued reunification with the biological parents but later recommended termination of parental rights (TPR) and adoption; the Foster Care Review Board recommended TPR and adoption.
- DSS notified Petitioners it intended to move the child to relatives (Aunt and Uncle) for placement; Petitioners moved to intervene and filed a private TPR and adoption action before DSS had placed the child for adoption.
- Family court terminated the parents’ rights but dismissed Petitioners’ private adoption petition for lack of standing, construing S.C. Code § 63-9-60(B) to bar foster parents from filing adoption petitions while a child is in DSS custody.
- The court of appeals affirmed, holding foster parents lack standing under § 63-9-60 whether current or former, but the South Carolina Supreme Court granted certiorari.
- Supreme Court reversed: held Petitioners (South Carolina residents) had statutory standing because, at the time they filed, the child had not been placed for adoption by DSS. The case was remanded for proceedings on the adoption claim.
Issues
| Issue | Petitioners' Argument | Respondents' Argument | Held |
|---|---|---|---|
| Whether foster parents have statutory standing under S.C. Code § 63-9-60 to file a private adoption petition when a child is in DSS custody but has not been placed for adoption by DSS | Dalsing: § 63-9-60(A) grants standing to any S.C. resident; Petitioners are residents and the child was not placed for adoption by DSS when they filed, so they have standing | DSS & relatives: § 63-9-60(B) excludes children placed by DSS; once DSS has custody (or before DSS approves an adoptive placement) foster parents should be precluded from filing to avoid premature petitions and protect reunification efforts | The Court held Petitioners have statutory standing because they are S.C. residents and the child had not been placed for adoption by DSS at the time they filed; reversed and remanded |
Key Cases Cited
- Michael P. v. Greenville County Dep’t of Soc. Servs., 385 S.C. 407, 684 S.E.2d 211 (Ct. App. 2009) (held former foster parents lacked standing where DSS had placed the child with another family for adoption)
- Youngblood v. S.C. Dep’t of Soc. Servs., 402 S.C. 311, 741 S.E.2d 515 (2013) (interpreted “placed” in § 63-9-60(B) to mean selection of an adoptive family and held foster relationship alone does not confer standing)
- Hucks v. Dolan, 288 S.C. 468, 343 S.E.2d 613 (1986) (adoption exists only by statute and adoption statutes are strictly construed)