South Carolina Department of Social Services v. Smith

Chandler, Associate Justice:

Kitty and Eddie Smith have two daughters, Chrissy, born September 16, 1985, and Louise, born November 27, 1987. Both Parents suffer from mild mental retardation.

In August of 1990, the children were removed from Parent’s home after allegations that Chrissy had been sexually abused by an aunt and uncle. The charges against the aunt and uncle were subsequently dismissed.

However, DSS sought to retain physical and legal custody of the children on the basis of Parents’ neglect in failing to seek medical attention for Chrissy when the allegations of abuse arose.

In an…