Doe v. South Carolina Department of Social Services

Summary

The South Carolina Supreme Court held that Jane Doe was not a vulnerable adult under the South Carolina Omnibus Adult Protection Act because the evidence did not show that her advanced age or other condition substantially impaired her ability to provide for her own care or protection. The court further held that the Department of Social Services had not met the clear-and-convincing-evidence standard required for involuntary protective custody. The court reversed the family court’s order and remanded for a current-status review hearing.

Holdings

1. To qualify as a vulnerable adult under S.C. Code section 43-35-10(11), a person's physical or mental condition, including advanced age or other infirmities of aging, must substantially impair the person's ability to adequately provide for self-care or protection. Advanced age alone is insufficient.
2. Clear and convincing evidence is required to establish that an adult is a vulnerable adult under the Act when involuntary protective custody may deprive the person of liberty or property.
3. DSS failed to prove by clear and convincing evidence that Doe was a vulnerable adult because it did not establish that her advanced age or any physical or mental condition substantially impaired her ability to provide for her own care or protection.

Questions Presented

1. Whether Doe met the statutory definition of a vulnerable adult under the South Carolina Omnibus Adult Protection Act.
2. What standard of proof applies to an involuntary determination that an adult is a vulnerable adult under the Act.
3. Whether the family court erred in ordering Doe to remain in DSS protective custody until specified protective services were completed.

Disposition

reversed_and_remanded