South Carolina Department of Social Services v. Powell

Elizabeth Powell appeals an order terminating her parental rights to two minor children. The order of termination includes a finding by the lower court that appellant’s mental condition is such that she could never function as a parent without help by a competent adult. See S. C. Code § 20-7-1570(2)(b) (1981 Cum. Supp.).

Although appellant has never been determined incompetent by a court, the record raises serious questions concerning her mental condition. This Court has held that under these circumstances the trial court should at the outset determine whether the party involved is…