South Carolina Department of Social Services v. Seegars, 367 S.C. 623

627 S.E.2d 718 (2006) · Supreme Court of South Carolina · February 27, 2006 · No. No. 26119

Summary

The Supreme Court of South Carolina reviewed the termination of Angelica Seegars's parental rights based on willful failure to support and a diagnosable condition unlikely to change within a reasonable time. The court affirmed as modified, concluding that clear and convincing evidence supported termination under S.C. Code Ann. § 20-7-1572(4) and (6), and declined to reach the due process challenge to subsection (8).

Holdings

  1. Termination of Seegars's parental rights was proper because the children had lived outside her home for more than six months and she willfully failed to support them or make a material contribution to their care.
  2. Termination of Seegars's parental rights was proper because she had schizotypal personality disorder, a diagnosable condition unlikely to change within a reasonable time, that made her unlikely to provide minimally acceptable care for the children.
  3. The court declined to address whether subsection (8) violated due process because termination was independently affirmed under subsections (4) and (6).

Questions Presented

  1. Whether the family court properly terminated Seegars's parental rights for willful failure to support the children for more than six months under S.C. Code Ann. § 20-7-1572(4).
  2. Whether the family court properly terminated Seegars's parental rights because she had a diagnosable condition unlikely to change within a reasonable time that made her unlikely to provide minimally acceptable care under S.C. Code Ann. § 20-7-1572(6).
  3. Whether termination under S.C. Code Ann. § 20-7-1572(8) violated Seegars's due process rights.

Disposition

other

Cases Cited (10)

  • Santosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388, 71 L. Ed. 2d 599 (1982)(followed)
  • Richland County Department of Social Services v. Earles, 330 S.C. 24, 496 S.E.2d 864 (1998)(followed)
  • S.C. Department of Social Services v. Cochran, 356 S.C. 413, 589 S.E.2d 753 (2003)(followed)
  • Hooper v. Rockwell, 334 S.C. 281, 513 S.E.2d 358 (1999)(followed)
  • S.C. Department of Social Services v. Broome, 307 S.C. 48, 413 S.E.2d 835 (1992)(followed)
  • S.C. Department of Social Services v. Headden, 354 S.C. 602, 582 S.E.2d 419 (2003)(followed)
  • S.C. Department of Social Services v. Cummings, 345 S.C. 288, 547 S.E.2d 506 (Ct. App. 2001)(followed)
  • Orangeburg County Department of Social Services v. Harley, 302 S.C. 64, 393 S.E.2d 597 (Ct. App. 1990)(followed)
  • Fairway Ford, Inc. v. County of Greenville, 324 S.C. 84, 476 S.E.2d 490 (1996)(followed)
  • Charleston Lumber Co. v. Miller Housing Corp., 338 S.C. 171, 525 S.E.2d 869 (2000)(followed)

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