South Carolina Department of Social Services v. Sarah W.

I respectfully dissent as I believe section 63-7-2570(8)17 is facially unconstitutional to the extent it is used as the sole basis for TPR. In my view, section 63-7-2570(8) is unconstitutional as it impermissibly creates a presumption of parental unfitness due solely to the length of ’time a child spends in foster care. In order to comport with the guarantees of substantive due process, a determination of parental unfitness is a condition precedent to termination of a parent’s fundamental right to the custody of his or her child. As will be discussed, I agree with the decision of the Court of…