Introduction: Preservation of Family In South Carolina, Family Preservation is of the highest importance when dealing with cases involving children. Title 63 of the Code of Laws of South Carolina is the South Carolina Children’s Code dedicated to the protection and advocacy of children. S.C. Code Ann. § 63-7-10 (1976) states that “Any intervention by the State into family life on behalf of children must be guided by law, by strong philosophical underpinnings, and by sound professional standards for practice.” (S.C. Code Ann. § 63-7-10 (1976)) S.C. Code Ann. § 63-7-10 (1976) also states that parents are the people who are primarily responsible for children’s welfare in South Carolina, and family units should be given space to deal with their …show more content…
In such cases, termination of parental rights is necessary. S.C. Code Ann. § 63-7-1640 (1976) of the Children’s Code gives several instances where the reunification of the family unit is not in the best interest. This section is of great importance to the subject of termination of parental rights. It lays the groundwork for finding if preservation of family is in the best interest for everyone involved. Family court may decline to pursue reasonable efforts for reunification if one of the following conditions exist: 1. The parent has subjected any child resident in their home to severe or repeated abuse, severe or repeated neglect, sexual abuse, acts constituted as torture or abandonment. 2. The parent has been convicted or pled guilty or nolo contendere to conspire to commit or committing murder or voluntary manslaughter of another child. 3. The parent has been found guilty of physical abuse which has resulted in admittance to the hospital or death of a …show more content…
Whenever the court makes a decision to terminate parental rights and forego efforts to preserve the family based on the above mentioned conditions, it must set forth the reasoning in writing. Alternatively, if one of the conditions are met, and the court chooses not to terminate, but instead preserve the family unit it must make written finding to support that it is in the best interest of the child. S.C. Code Ann. § 63-7-1640 (1976) Examples of these procedures can be found in South Carolina Department of Social Services v. Briggs , 413 S.C. 377, 776 S.E.2d 115 (Ct. App. 2015). On August 2, 2013, I’Tesha C. Briggs three children were removed from her home and placed in emergency protective custody with the South Carolina Department of Social Services over allegations that she had abused them. According to the placement plan, Briggs was ordered to complete a psychological evaluation, counseling, obtain a stable home and income and complete drug and alcohol assessment. DSS was to provide the counseling and evaluation
Dr. Bradley testified that D.R. would need approximately nine months to a year of medical care. Although the child’s record was defiant, Juv. R. 29(F)(2)(d) clearly defines the dispositions within the power of the juvenile court to remove any conflict between the lawful dispositions and those authorized by rule. Given the cost for ODYS to house the child, plus their incapability to care for his medical conditions, and the safety risks involved the trial court determined that a dismissal to be in the best interest of the child’s safety and the public
Enquiries and serious case reviews take place when a child dies subsequent to having suffered abuse and/or neglect: this is what happened in the Baby P case and in the case of Victoria Climbie, which then led to a serious shake up in the child protection system and the issuing of the Children Act 2004 and guidelines for the early years foundation stage. The Victoria Climbie case also highlighted the poor communication between agencies and that point has also consequently been addressed. The Local Safeguarding Children Board also decides if a serious case review is needed in cases where harm has come to a child through neglect and abuse. One cannot stress enough the importance of cooperation and communication between agencies in preventing and
Carl Le'Darrell Reeds CJ 463 A Dr. Pass Kent v. United States (1966) Citation: United States Court of Appeals for the District of Columbia Circuit, (1966). 383 US 541 Procedural History: Kent, a 16-year-old boy, was arrested and questioned by the police in connection with several incidents involving robbery and rape. After Kent confessed to involvement in the crimes the juvenile court waived its jurisdiction, allowing him to be tried as an adult in district court. This decision was based solely off of his criminal past as a youth.
In 1980 the Congress overhauled this child protection regime with the Adoption Assistance and Child Welfare Act (AACW). The compromise put into place from the RC vs. Alabama changed the (AACW) to better fit everyone. After the ruling of the RC vs. Alabama case, the need to make rules declined as the need to customize and adapt arose. “programs that once focused on financial redistribution increasingly link transfer payments to services, and the services are increasingly customized to the needs of individual recipients” (Noonan, K. G., Et Al.,
Aside from the 1st amendment giving religious freedoms, the 19th amendment gives parents autonomy. The autonomy of this constitutional right is complicated when challenged by the states Paren’s Patriae, “a states right and duty to protect children, evidenced by the requirement to report child abuse or neglect,” (Linnard-Palmer & Kools, 2004, p. 353). As sighted by CHILD (2013), refusing treatment is a recognizable form of neglect of a minor. The courts need to consider both subjective and objective evidence when a case of a minor’s best welfare is being questions; this is known as The Best Interest Doctrine.
Melody believed applying a broad interpretation of state action to this case proved failure of the Wisconsin Department of Social Services to do their job- protecting Joshua. The broad interpretation refers to the extent of state intervention; determining what’s considered a state obligation, and when it’s an intrusion on individual liberties. The broad interpretation of state action in the DeShaney case defined the Department of Social Services’ directly liable for Joshua’s current state (at that time), because the Wisconsin law placed the wellbeing of abused children in the hands of a social worker; who evaluates the situation and determines the best course of action- removing the child, or working through the problem with the family. To
Reighn made friends at school and in the community. The peer interactions are positive and provide peer support. The youth is mostly talkative and reserved. Reighn displays positive aggression during passionate discussion.
In 2005 Anthony and Jay were put in the custody of the State of California. Anthony was 5 years old and his brother Jay was 3 years old. After their mother Jackie a drug addict fell to provide, care or support them. Jackie would leave them with strangers and family member for extended periods of time. After years of this behavior and her being put into jail for stealing.
Johnston, D. (2012). Services for Children of Incarcerated Parents. Family Court Review, 50, 91-105. The author illustrates how growing up without a parent is hard and children should have services directed towards them to help them cope.
The Family Law Act 1975 (Cth) is Australia’s primary piece of legislation in regards to consolidating a child’s best interest’s after a marriage breakdown has occurred. The act considers several overriding and additional factors in order to assure the best interests of the child are justly met. For separated parents, trying to figure out what time the child or children spend with each parent is a difficult task. The Family Law Act states “the best interests of the child” is to be the paramount consideration whilst in the process of constructing parenting orders. The Act requires the courts to have regard to promote the welfare of the child along with protecting the rights of the child.
Department of Children & Families, Div. of Youth & Family Servs. v. T.B., 207 N.J. 294 at 301; New Jersey Dept. of Children and Families v. R.R., 436 N.J. Super. 53 at 60; New Jersey Dep't of Youth & Family Services v. J.L., 410 N.J. Super.
Her mother came home to her boyfriend in jail and her daughter a ward of the state she was then placed in a military prison for neglect and abandonment for six months pending an investigation. Her mother was resealed and no charges were filed but she was never
Pamela Kirkley is the mother of Damien Kirkley and David Kirkley. On January 5, 2016, the boys were taken into custody by the Warren County Department of Child Protective Services (hereinafter referred to as CPS). The children were placed in their sister’s home. CPS currently has custody of the children. Pamela Kirkley came before this court in a School Attendance hearing with her oldest children, Hopelynn Standish and Shane Standish.
Policies are put in place for people to follow not only in the government setting but also in much smaller settings. According to Zastrow and Kirst-Ashman (2016) defines policy as a clearly stated or implicit procedure, plan, rule, or stance concerning some issue that serves to guide decision making and behavior (p. 87). In the social work field policies are put into place so that there is guarantee that all clients are treated with the same respect and are offered the resources that are available to them in their community. In this paper I will discuss policies that are in place for children that are being abused and what is in place to help them. Not only are we concerned with if these policies are working but also how are they being paid
This child was on probation for an assault of a public servant; however, the circumstances which surrounded her case lead the probation officer to believe her needs would be better addressed in a mental health facility and not juvenile probation. Her efforts to get the child help were exhausting as she did not have the proper documents or information to get this child the help she needed. The reason for our “crisis run” was because the child had threatened to kill herself. When we arrived at Jefferson Center, she was handcuffed in the back of the police car. However, after the child had calmed down the handcuffs were removed.