SCDSS v. Colleen Dagg (2)
2024-000992
| S.C. Ct. App. | Apr 16, 2025Background
- The South Carolina Department of Social Services (DSS) sought termination of Colleen Dagg's parental rights (TPR) to her minor child.
- The child was removed from Dagg's custody at two months old and had spent twenty-seven months in foster care as of the TPR hearing.
- Dagg did not obtain stable housing or employment until shortly before the TPR hearing and failed to cooperate with Delaware CPS for the required Interstate Compact evaluation.
- The child had not seen Dagg in person for almost a year prior to the hearing and was thriving in a stable foster placement with a sibling, with the foster family desiring to adopt.
- Family court found clear and convincing evidence that the statutory grounds for TPR were met and that TPR was in the child’s best interest.
Issues
| Issue | Dagg's Argument | DSS Argument | Held |
|---|---|---|---|
| Whether TPR was warranted as child was in care 15/22 mo | Insufficient evidence; Dagg made efforts | Met statutory ground; child was in foster care 27 mo | Statutory ground for TPR met |
| Whether Dagg remedied conditions causing removal | Claimed attempts at compliance | Asserted Dagg failed to secure housing/employment | Dagg did not remedy conditions; evidence clear |
| Delay in reunification due to Dagg or govt. error | Not fully at fault; process delays | Delay from Dagg's lack of cooperation and progress | Delay attributable to Dagg |
| Whether TPR in child’s best interest | Argued reunification possible | Adoption best for child; stable environment | TPR is in child’s best interest |
Key Cases Cited
- Klein v. Barrett, 427 S.C. 74 (S.C. Ct. App. 2019) (explains de novo standard for appellate review of family court decisions)
- Stoney v. Stoney, 422 S.C. 593 (S.C. 2018) (appellate courts must acknowledge family court’s superior position on witness credibility)
- S.C. Dep't of Soc. Servs. v. Parker, 336 S.C. 248 (S.C. Ct. App. 1999) (grounds for TPR must be proven by clear and convincing evidence)
- S.C. Dep't of Soc. Servs. v. Smith, 343 S.C. 129 (S.C. Ct. App. 2000) (child's best interest is paramount in TPR cases)
- S.C. Dep't of Soc. Servs. v. Sarah W., 402 S.C. 324 (S.C. 2013) (statutory ground not alone; delay must be attributable to parent, not state)