[SC] What rights do grandparents have when DSS names them as safety plan protectors for a minor parent’s baby?

SC Family Law

Andres Sanchez

25,021 satisfied customers

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Let's break down what you can do:

Understand Your Role as Protectors: As protectors, you have a responsibility to ensure the baby's safety and well-being. This role should ideally include being informed about any decisions or allegations that affect the baby.
Request Information from DSS: You can formally request information from DSS regarding the allegations and any decisions being made. While they may require a subpoena for certain documents, you can still ask for a summary or explanation of the situation. South Carolina's child protection confidentiality law, S.C. Code § 63-7-1990, keeps DSS abuse and neglect records confidential. It generally allows parties to a court proceeding to obtain them only after a family court judge reviews the records and limits disclosure to legally relevant information.
Legal Rights as Grandparents: In South Carolina, grandparents can have rights, especially if they are involved in the care of the child. South Carolina family courts have authority to hear grandparent visitation matters under S.C. Code § 63-3-530(A)(33). You may want to consult with a family law attorney to explore these rights further.
Consider Legal Representation: Given the complexity of the situation, it might be beneficial to seek legal advice. An attorney can help you understand your rights and possibly represent your interests in discussions with DSS.
Prepare for the DSS Meeting: Since a DSS visit is scheduled, prepare any questions or concerns you have. Make sure to express your willingness to be involved and informed as protectors. Under S.C. Code § 63-7-620, a child can be taken into emergency protective custody without a court order only by a law enforcement officer. The officer must have probable cause to believe the child faces substantial and imminent danger, and there must be no time to seek a court order under S.C. Code § 63-7-1660.

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Our 17-year-old daughter, who resides with us in our home, gave birth last month. She was flagged for traces of THC and was flagged by South Carolina DSS. We were given the status of baby protectors by DSS. We got a call today that the mother had new allegations and that we/she would get a visit tomorrow by SC DSS. We seem to have no rights to know what is going on. DSS is treating our minor daughter as an adult regardless of the situation. The baby is doing great. The local pediatrician gave us a prescription that made the baby upset for a few hours, but it passed.

Lexi, Chatbot

I understand how concerning this situation must be for you and your family. Can you tell me if you have had any previous interactions with DSS regarding your daughter or the baby?

The THC issue, which we thought was resolved. No police involved.

Lexi, Chatbot

Are there any specific allegations that you are aware of that have been made against your daughter by DSS?

They won't tell us, the parents or protectors. They are going after the teen mother directly.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your DSS concerns.

No.

Andres Sanchez

Hey there! Welcome to our service. I'm Andres Sanchez, an attorney with many years of experience. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. I understand you're dealing with a situation involving your minor daughter and the South Carolina DSS. Could you share more about any specific concerns or questions you have regarding this situation?

What rights do we, the parents of the minor mother and DSS-appointed protectors here in SC, have? It seems we are the parents of a minor and cannot find out what we may need to defend our daughter from. We are the protectors of her baby and are not allowed to discuss it because our daughter is in charge. It looks like she is being railroaded.

Andres Sanchez

Have you or your daughter been provided with any specific documents or instructions from DSS regarding the current situation?

The DSS worker said she would tell us tomorrow. She said we would need a subpoena to get a copy. She would not talk to us, the parents, just to the minor child, the mother.

Andres Sanchez

Has there been any court hearing or legal proceeding regarding your daughter's situation with DSS? If so, were you or your daughter informed about it?

Nothing but a safety plan signed in the hospital after giving birth.

Andres Sanchez

Based on your situation, there are several legal considerations and rights in South Carolina that could potentially support your case:

Parental Rights: As parents of a minor, you generally have the right to be involved in decisions affecting your child. However, when DSS is involved, they may prioritize the welfare of the child, which can sometimes limit parental involvement, especially if they believe the minor is capable of making decisions.

DSS Procedures: DSS has protocols for investigating allegations and ensuring child safety. They may treat a minor as an adult in certain situations, especially if the minor is a parent. This can affect how information is shared with you.

Subpoena for Records: If DSS is withholding information, you may need a subpoena to access certain records. This is a legal document that orders the release of information.

Safety Plans: These are agreements made to ensure the child's safety and may include specific conditions that need to be followed. They are typically signed by the involved parties, including parents or guardians.

Let me know if you have any questions or clarifications. If not, I'll move forward with guidance.

I don't understand. If we, the grandparents, are supposed to protect the baby, why are we not included in the discussion? We had to agree to the safety plan and sign it also.

Andres Sanchez

I understand your frustration about being excluded from discussions despite being appointed as protectors.

Andres Sanchez

Let's break down what you can do:

Understand Your Role as Protectors: As protectors, you have a responsibility to ensure the baby's safety and well-being. This role should ideally include being informed about any decisions or allegations that affect the baby.
Request Information from DSS: You can formally request information from DSS regarding the allegations and any decisions being made. While they may require a subpoena for certain documents, you can still ask for a summary or explanation of the situation. South Carolina's child protection confidentiality law, S.C. Code § 63-7-1990, keeps DSS abuse and neglect records confidential. It generally allows parties to a court proceeding to obtain them only after a family court judge reviews the records and limits disclosure to legally relevant information.
Legal Rights as Grandparents: In South Carolina, grandparents can have rights, especially if they are involved in the care of the child. South Carolina family courts have authority to hear grandparent visitation matters under S.C. Code § 63-3-530(A)(33). You may want to consult with a family law attorney to explore these rights further.
Consider Legal Representation: Given the complexity of the situation, it might be beneficial to seek legal advice. An attorney can help you understand your rights and possibly represent your interests in discussions with DSS.
Prepare for the DSS Meeting: Since a DSS visit is scheduled, prepare any questions or concerns you have. Make sure to express your willingness to be involved and informed as protectors. Under S.C. Code § 63-7-620, a child can be taken into emergency protective custody without a court order only by a law enforcement officer. The officer must have probable cause to believe the child faces substantial and imminent danger, and there must be no time to seek a court order under S.C. Code § 63-7-1660.

Can DSS take the baby during the visit? Everything is in order, and the baby is safe and well.

Andres Sanchez

I understand your concern about DSS potentially taking the baby during their visit. Generally, DSS would only take such action if they believe the child is in immediate danger. Since you mentioned that everything is in order and the baby is safe and well, this should hopefully not be the case.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don't hesitate to reach out whenever you need assistance!

Thank you.

Andres Sanchez

You're welcome! If you have any more questions or need further assistance, feel free to reach out. Take care!

Andres Sanchez

25,021 satisfied customers

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