South Carolina Department of Social Services v. Wheaton

Robert Charles Wheaton appeals a family court order which found he sexually abused one child and threatened to harm two other children. We reverse.

D.S.S. alleges Wheaton sexually abused his seven-year-old niece. The only testimony of abuse came from hearsay statements from the child. Wheaton argues on appeal the family court judge erred in admitting those statements.

Prior to trial, the judge noted that none of the parties were present, although each was represented by an appointed guardian ad litem or retained or appointed counsel. Officer *301Ladd Roof of the Lexington County Sheriff’s…