The South Carolina Department of Social Services (DSS) serves multiple purposes in South Carolina. Perhaps the best-known service is the protection of children who have been abused or neglected.
When DSS receives a report about a child, the parents often have no idea what will happen next, how quickly things will move, or what rights they have. Our Charleston family law attorneys and DSS defense attorneys explain the basic process of a DSS case, the deadlines DSS and the family court must follow, and the terminology used in these cases. So what happens in a DSS child abuse or neglect case in South Carolina, and what can you do to protect your family?
Quick Answer: A DSS case in South Carolina usually begins with a report of suspected child abuse or neglect. DSS must begin its investigation within 24 hours for certain urgent reports and within two business days for all others, and it generally must decide within 45 days whether the report is “indicated” or “unfounded.” If a child is taken into emergency protective custody, the family court generally must hold a probable cause hearing within 72 hours.
Table of Contents
- How Does a DSS Case Start in South Carolina?
- How Long Does a DSS Investigation Take in South Carolina?
- What Does “Indicated” or “Unfounded” Mean in a DSS Case?
- Can DSS Take Your Child Without a Court Order in South Carolina?
- What Happens at a Probable Cause Hearing in a DSS Case?
- What Happens at a DSS Merits Hearing in South Carolina?
- Do Parents Have the Right to a Lawyer in a DSS Case in South Carolina?
- What Is a DSS Treatment Plan or Placement Plan?
- What Is the Central Registry of Child Abuse and Neglect in South Carolina?
- What Is a Permanency Planning Hearing in South Carolina?
- Can DSS Terminate Your Parental Rights in South Carolina?
- What Should You Do If DSS Contacts You in South Carolina?
- How Can DSS Cases Affect Custody Between Parents?
- Do You Need a Lawyer for a DSS Case in Charleston?
How Does a DSS Case Start in South Carolina?
Most DSS cases begin with a report of suspected abuse or neglect. Anyone can make a report, but certain people are “mandated reporters” who are required by law to report when information received in their professional capacity gives them reason to believe a child has been or may be abused or neglected. Mandated reporters include doctors, nurses, teachers, school counselors, child care workers, mental health professionals, clergy (subject to limited exceptions), and law enforcement officers.
A mandated reporter who knowingly fails to report can be charged with a misdemeanor punishable by a fine of up to $500, up to six months in jail, or both. A person who knowingly makes a false report can be charged with a misdemeanor punishable by a fine of up to $5,000, up to 90 days in jail, or both.
The following table summarizes the main stages and deadlines in a typical DSS case:
| Stage of the Case | Deadline | What Happens |
|---|---|---|
| Report to DSS | Any time | A mandated reporter, family member, or other person reports suspected abuse or neglect |
| Start of investigation | Within 24 hours for reports meeting urgent statutory criteria; within 2 business days for others | DSS begins investigating the report |
| Emergency protective custody | Immediately, if the statutory grounds for emergency custody are met | Law enforcement may take the child without a court order; the court may also order removal |
| Probable cause hearing | Within 72 hours of emergency protective custody (next working day if the third day falls on a weekend or holiday), unless the child has been returned and a hearing must be requested | The judge decides whether there was probable cause for taking and retaining custody |
| Case determination | Within 45 days of the report, with one extension of up to 15 days for good cause | DSS decides whether the report is indicated or unfounded |
| Merits hearing | Within 35 days after the court receives the removal petition; continuances are subject to statutory conditions, including additional requirements beyond 65 days | The judge decides whether removal of custody is needed |
| Permanency planning hearing | No later than one year after the child was first placed in foster care | The judge decides the long-term plan for the child |
How Long Does a DSS Investigation Take in South Carolina?
Under Title 63, Chapter 7 of the South Carolina Code, DSS must begin an investigation within 24 hours of receiving a report if the report alleges that the child is at imminent and substantial risk of physical or mental injury, the family may flee, the child may become unavailable, or DSS has assumed legal custody or has been notified that the child has been taken into emergency protective custody. For other reports, DSS must begin the investigation within two business days.
DSS generally must complete its investigation and make a case determination within 45 days of receiving the report. The department director or designee may grant one extension of up to 15 days for good cause. If the investigation cannot be completed because the child or family cannot be located or for another compelling reason, the report may be classified as unfounded Category III and reopened later. During the investigation, a caseworker will usually interview the child, the parents, and other people in the home, and may contact schools, doctors, and other sources.
What Does “Indicated” or “Unfounded” Mean in a DSS Case?
At the end of the investigation, DSS will classify the report as either “indicated” or “unfounded.” An indicated finding means DSS found a preponderance of evidence that the child was abused or neglected. An unfounded finding means DSS did not find enough evidence to support an indicated finding, or that the report otherwise falls within an unfounded category.
An indicated finding can lead to a safety plan, a treatment plan, services, a court case, or removal of the child. An indicated finding is not the same as a court finding, and it does not by itself place your name in the Central Registry of Child Abuse and Neglect in an ordinary DSS investigation. A court may order Central Registry entry when statutory requirements are met, including at a probable cause hearing; a separate statutory process permits immediate entry following certain investigations.
If DSS indicates a case against you, you may have the right to challenge that decision. If DSS is not taking the case to family court for disposition, a person notified of an indicated finding generally must give written notice of intent to appeal within 30 days after receiving DSS’s certified-mail notice, so you should talk to a lawyer promptly.
Can DSS Take Your Child Without a Court Order in South Carolina?
In an emergency, yes, but it is a law enforcement officer—not DSS—who may take a child into emergency protective custody without a court order. If an officer has probable cause to believe that, because of abuse or neglect, the child’s life, health, or physical safety is in substantial and imminent danger and there is no time to seek a court order, the officer may take the child into emergency protective custody.
A family court judge may also order removal. DSS may then assume legal custody and must consider whether the child can safely return home or be placed with a relative or another appropriate person while the case proceeds.
If the parents and DSS agree on a relative placement, the child may be placed with that relative while the case moves forward, subject to the applicable custody and placement requirements. Grandparents and other relatives often want to know whether they can take the child, and our article on grandparent rights in South Carolina explains how relatives can seek placement or custody.
What Happens at a Probable Cause Hearing in a DSS Case?
When a child is taken into emergency protective custody, the family court generally must hold a probable cause hearing within 72 hours. If the third day falls on a Saturday, Sunday, or holiday, the hearing must be held no later than the next working day.
If the child has been returned to a parent, guardian, or custodian following the preliminary investigation, a hearing is held only if the parent, guardian, custodian, DSS, or the law enforcement agency requests it in writing within ten days after the child is returned; the hearing must then be scheduled within seven days of the request. At the hearing, the judge decides whether there was probable cause to take emergency protective custody and for DSS to assume legal custody, and whether probable cause for DSS to retain legal custody still exists.
Parents may present affidavits and may cross-examine DSS witnesses about the grounds for removal. The probable cause hearing is not the final decision in the case, but it can determine where your child lives for the next several weeks, so it is important to have a lawyer with you.
What Happens at a DSS Merits Hearing in South Carolina?
The merits hearing is the trial in a DSS case. When DSS files a petition to remove a child, the merits hearing generally must be held within 35 days of the date the petition is received. The court may grant a continuance beyond 35 days only in exceptional circumstances, and the hearing generally must then be completed within 65 days. Further continuances without returning the child home require written findings and other statutory safeguards. The court may also waive the 35-day requirement when necessary to achieve service.
At the merits hearing, DSS must prove by a preponderance of the evidence that the child was abused or neglected and, to obtain removal, that the child cannot reasonably be protected from an unreasonable risk of harm without removal. If DSS proves its case, the judge decides whether the child can safely return home with services or must remain out of the home and whether statutory grounds exist to enter the person’s name in the Central Registry.
If the child remains at home with protective services, the judge will approve a treatment plan; if the court orders removal, it must approve a placement plan at the removal hearing or within ten days afterward. If DSS does not prove the grounds for removal, the court cannot order the child removed on that petition.
DSS may also file an intervention case without removing the child. In that type of case, the child stays in the home, and the court can order the family to complete services under DSS supervision if it finds abuse or neglect and that the child cannot be protected from further harm without intervention.
Do Parents Have the Right to a Lawyer in a DSS Case in South Carolina?
Yes. Parents, guardians, and other people subject to a DSS removal or intervention proceeding have the right to be represented by a lawyer, and the family court will appoint a lawyer for a person who cannot afford one. The court will also appoint a guardian ad litem for the child in every abuse and neglect case. You can learn more about that role in our article on the guardian ad litem in South Carolina.
Even if you qualify for an appointed lawyer, you may hire your own lawyer, and many parents choose to do so as early as possible, often before the first hearing. Statements you make to a caseworker during the investigation can be used in court, so getting advice early can make a significant difference.
What Is a DSS Treatment Plan or Placement Plan?
If the court finds that a child was abused or neglected, it will usually approve a plan that tells the parents what they must do to keep or regain custody. When the child remains in the home with protective services, the court approves a treatment plan, which can include parenting classes, counseling, drug and alcohol treatment, random drug testing, anger management, stable housing, or other services, along with DSS supervision.
When the child is removed, the court approves a placement plan that sets out the changes needed for a safe return home, the services and actions required, the visitation arrangements, and the parents’ support obligations.
Following the plan is critical. A parent’s failure to remedy the conditions that caused removal, or a willful failure to visit or support the child for the period required by law, can later be used as grounds to terminate parental rights. Completing the listed services alone does not guarantee the child’s return; the court must also find that the necessary changes have occurred and that the child can safely return home.
What Is the Central Registry of Child Abuse and Neglect in South Carolina?
The Central Registry of Child Abuse and Neglect is a confidential registry maintained by DSS. A family court may order a person’s name entered in the Central Registry when the statutory findings are made, including at a probable cause hearing.
A separate statute also requires immediate registry entry when a DSS investigation results in a determination that an individual harmed or threatened a child with harm; DSS must notify the person of the entry and the right to challenge it. Being on the registry can have serious consequences for employment and licensing, including work involving children, and for foster or adoptive-parent eligibility.
The court must order a person’s name entered in the Central Registry if it finds by a preponderance of the evidence that the person committed certain types of abuse or neglect, and it has discretion in other cases:
| Court Finding | Central Registry Entry |
|---|---|
| The person physically abused the child, except where the only physical abuse found is excessive corporal punishment | Required; excessive corporal punishment alone qualifies only under the discretionary standard below |
| The person sexually abused the child | Required |
| The person willfully or recklessly neglected the child | Required |
| The person gave birth to an infant who tested positive for a controlled substance, a prescription drug not prescribed to the mother, or a metabolite of a controlled substance, or whose infant had a medical diagnosis of neonatal abstinence syndrome, subject to the statutory medical-treatment exception | Required |
| Other abuse or neglect where the circumstances show the person would present a significant risk of physical or sexual abuse or willful or reckless neglect in a setting outside the home involving care of or substantial contact with children | Discretionary |
What Is a Permanency Planning Hearing in South Carolina?
When a child is in foster care, the family court must hold a permanency planning hearing no later than one year after the child was first placed in foster care. At that hearing, the judge decides the long-term plan for the child. The options include returning the child to the parents, custody or guardianship with a fit and willing relative or other suitable person, termination of parental rights and adoption, or, for children 16 or older in limited circumstances, another planned permanent living arrangement.
If the plan is adoption, our article on adoption in South Carolina explains the adoption process, including adoption by relatives and foster parents.
Can DSS Terminate Your Parental Rights in South Carolina?
Yes. DSS may file a case to terminate parental rights (TPR) when a statutory ground exists; the child’s inability to return home safely does not, by itself, establish a ground for termination.
The grounds include the parent’s failure to remedy the conditions that caused removal after the statutory period, willful failure to visit or support the child for the statutory period, severe or repeated abuse or neglect meeting the statutory standard, abandonment, and the child having been in foster care under state responsibility for 15 of the most recent 22 months. In addition, the court must find that termination is in the child’s best interest. Our article on terminating parental rights in South Carolina explains the grounds and the TPR process in detail.
What Should You Do If DSS Contacts You in South Carolina?
If a DSS caseworker contacts you, the steps you take in the first few days can affect the outcome of your case:
- Stay calm and be respectful. Arguing with the caseworker or refusing all contact can make the situation worse.
- Talk to a lawyer before giving a detailed statement. What you say to DSS can be used in a family court case and, in some situations, a criminal case.
- Get copies of everything. Keep copies of any safety plan, notice, or document DSS asks you to sign, and do not sign anything you do not understand.
- Follow any court order and get legal advice promptly about a proposed or existing safety plan. A safety plan is not necessarily a court order, but disregarding agreed safety measures may prompt DSS to seek court intervention or removal.
- Gather helpful evidence. School records, medical records, and the names of people who can speak to your parenting can help your case.
- Attend every hearing and complete every service. Missing court dates or treatment plan requirements can be used against you later.
How Can DSS Cases Affect Custody Between Parents?
A DSS case can have a major effect on custody between separated or divorced parents. A finding of abuse or neglect against one parent may lead the family court to change custody to the other parent, and evidence from a DSS case may be used in a later custody case. If you need to protect a child quickly, our article on emergency custody in South Carolina explains how emergency relief works, and our article on South Carolina’s custody laws explains how the family court decides custody.
Do You Need a Lawyer for a DSS Case in Charleston?
DSS cases move quickly, and the stakes could not be higher. Whether DSS is investigating a report, has removed your child, or is seeking to place your name in the Central Registry or terminate your parental rights, a lawyer can protect your rights, challenge the evidence, and help you work toward reunification. The attorneys at Futeral & Nelson have represented parents and families in DSS and family court cases in Charleston, Mount Pleasant, North Charleston, Summerville, and throughout the Lowcountry since 2003. Call us at 843-284-5500 to discuss your situation.
