State v. DAMIAN R.

In the instant ease we reverse a circuit court’s order transferring custody of a juvenile from his parent to the Department of Health and Human Resources and authorizing his placement out of his home — because the Department did not show the necessity for such an order.

I

Facts & Background

The appellant, D.R. (hereinafter “the juvenile”), was born on September 4, 1987, and was fourteen years old at the time of the proceedings below. During the 2001-2002 school year the juvenile resided with his mother in Berkeley County, and was enrolled in the seventh grade. The juvenile had truancy and anger…