South Carolina Department of Social Services v. McDow

This appeal is from a family court order terminating the parental rights of appellants Willie E. Haggins and Ella Ree McDow with respect to one of their minor children. We vacate the lower court order and remand the case for new proceedings.

Respondent instituted this action by the filing of a petition seeking the termination of parental rights on the ground that appellants were “mentally ill and mentally retarded to such an extent that they can never function as parents.” Before the petition was filed, Willie Haggins had been determined mentally ill by the Probate Court of Lancaster County.…