Opinion
20203
April 6, 1976.
Messrs. Daniel R. McLeod, Atty. Gen., Raymond G. Halford and Edwin E. Evans, Asst. Attys. Gen., and Lincoln C. Jenkins, III, Staff Atty., of Columbia, for Appellant, cite: As to the lower Court's having erred in issuing its Order in which the South Carolina Department of Social Services was ordered to provide for the minor Respondent: 259 S.C. 387, 192 S.E.2d 214. As to the lower Court's having erred in ordering the Department of Social Services to perform any act or undertake any responsibility in this matter insofar as the Family Court of Richland County had no jurisdiction: 244 S.C. 485, 137 S.E.2d 800; 48 F. Supp. 708; 200 S.C. 448, 215 S.E.2d 22; 155 S.C. 436, 152 S.E. 658; 21 C.J.S. Courts, Section 35; 250 S.C. 140, 156 S.E.2d 633; 245 S.C. 399, 140 S.E.2d 781; 173 S.C. 518, 176 S.E. 711; 172 S.C. 333, 174 S.E. 17; 21 C.J.S. Courts, Section 83; 244 S.C. 399, 137 S.E.2d 406; 187 S.C. 50, 196 S.E. 253; 102 S.C. 333, 86 S.E. 683; 213 S.E.2d 732; Section 10-2605, Code of Laws of South Carolina. As to there being no statutory authority permitting a Family Court of South Carolina to impose the responsibility of support of a minor on the South Carolina Department of Social Services: Section 15-1095, et seq., Code of Laws of South Carolina, 1962, as amended; 242 S.C. 108, 130 S.E.2d 77. As to a lack of factual finding that the persons or entities primarily responsible for the care and support of the minor Respondent were not able to do so: Sections 15-1095.22; 15-1095.25, Code of Laws of South Carolina, 1962, as amended; Rule 13 of the Rules of Practice and Procedures in the Family Court; 256 S.C. 111, 181 S.E.2d 13; 262 S.C. 587, 206 S.E.2d 871; 260 S.C. 108, 194 S.E.2d 392; 260 S.C. 213, 197 S.E.2d 921. As to a lack of legal authority of the South Carolina Department of Social Services to pay the Devereux Schools: Sections 71-1 and 71-8, Code of Laws of South Carolina, 1962, as amended; 1 Am. Jur.2d Administrative Law, Section 70. As to the lower Court's having erred in ordering the Respondent to be placed in Devereux Schools, in that said school is located wholly outside the territorial boundaries of the State of South Carolina and that such placement of the Respondent exceeded the authority of the Family Court: 254 S.C. 604, 141 S.E.2d 920; 21 C.J.S. Courts, Section 244; 20 Am. Jur.2d Courts, Section 328; 257 S.C. 82, 184 S.E.2d 80; 165 S.C. 1, 162 S.E. 623; 21 C.J.S. Courts, Section 25; 21 C.J.S. Courts, Section 91; Section 39.1, Code of Laws of South Carolina, 1962; 21 C.J.S. Courts, Section 98; 20 Am. Jur.2d Courts, Section 153; 226 N.C. 189, 37 S.E.2d 516; 169 U.S. 432, 43 L.Ed. 807; 21 C.J.S. Courts, Section 21.
James G. Bogle, Jr., Esq., of Columbia, for Respondent, cites: As to Petitioner's appeal being premature in that the appeal was commenced before the final dispositional action of the Family Court: The Youth Services Act, S.C. Code of Laws (1962), as amended, § 55-50.6; 261 S.C. 255, 199 S.E.2d 718; 201 S.C. 32, 21 S.E.2d 209; 4 C.J.S. Appeal and Error, § 99; 2 Am. Jur. 860, Section 22. As to Petitioner's failure to wait for the final dispositional hearing constituting a waiver of any objection to lack of notice and opportunity to be heard: 291 U.S. 54, 79 L.Ed. 647, 54 S.Ct. 325. As to the Family Court's having fulfilled the promise of the Family Court Act by ordering treatment which would meet Terry Carter's needs: S.C. Code 15-1095.1; 27 A. Jur. Infants, § 101-105, 67 C.J.S. Parent and Child, § 10; 43 C.J.S. Infants, § 4; 111 S.C. 548, 96 S.E. 291. As to the due process clause of the Fourteenth Amendment requiring that treatment is the quid pro quo for the exercise of parents patriae authority over a neglected juvenile when it results in a deprivation of his freedom: 325 F. Supp. 781; 491 F.2d 352; 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84; 387 U.S. 1, 22, 87 S.Ct. 1428, 1441, 18 L.Ed.2d 527; 383 F. Supp. 53; 71 Misc.2d 396, 336 N.Y.S.2d 304; 346 F. Supp. 1354; 349 F. Supp. 574; 383 F. Supp. 53. As to a lack of error in ordering the Department of Social Services to provide for the support of Terry Carter: 242 S.C. 108, 130 S.E.2d 77; S.C. Code 15-1095.41 of the Family Court Act; S.C. Code, § 71-7; S.C. Code 71-36; S.C. Code 15-1095.22. As to the power to Order that a juvenile be placed in a private institution outside the territorial boundaries of the State being derived from the Court's inherent power to act in the best interests of the child: 2 Hill, Eq. 71; 99 S.C. 92, 82 S.E. 991; 115 S.C. 370; 105 S.E. 738.
April 6, 1976.
This is an appeal by the South Carolina Department of Social Services (D.S.S.) from the order of the Richland County Family Court, directing that D.S.S. pay out funds necessary to enroll and maintain Terry Carter, a minor, at the Devereaux School in Pennsylvania.
D.S.S. complains, among other things, that the Family Court has no jurisdiction to order D.S.S. to expend funds. There is no need for us to consider other issues raised in the briefs, as we agree with the appellant's position and reverse the lower court's order.
Terry Carter appeared before the court on a petition charging him with being a runaway and requesting the court to assist the parents in controlling their child. Terry pleaded nolo contendere.
Evidence before the court indicated that Terry had been placed in the custody of the court a year earlier, and responsibility for his care rested with the Richland County Department of Social Services. While in their control, he was diagnosed as an emotionally disturbed child, needing long term residential treatment.
At the hearing, it was the testimony of those who had worked with Terry that the Devereaux Schools in Pennsylvania could provide the treatment that he needed. It was stated that the cost would be approximately $18,000.00 per year, and although the County Department of Social Services had responsibility for Terry's care, it could not possibly afford this expense. A worker for the county stated that repeated attempts to have D.S.S. pay for the application fee, necessary for enrollment in the school, had met with no response.
On the basis of these facts, the court ordered D.S.S. to pay the necessary expenses of maintaining Terry at the school.
Upon learning of the court's order, D.S.S. filed notice of intention to appeal and secured from this Court a writ of supersedeas, staying the order directing D.S.S. to expend funds.
Counsel cites no authority, and we are aware of none, which gives to the Richland County Family Court the authority to direct that the State Department of Social Services expend necessary funds to enroll and maintain Terry Carter at a school in Pennsylvania. Accordingly, we hold that the order is invalid because the court lacked authority to grant the relief directed.
Reversed.
LEWIS, C.J., and NESS, RHODES and GREGORY, JJ., concur.