Spartanburg County Department of Social Services v. Little

Harwell, Chief Justice:

We are presented with the question of whether attorney’s fees may be assessed against a State agency acting in its capacity as plaintiff asserting the interests of a minor in a child abuse and neglect action. We conclude that the award of attorney’s fees against the State is inappropriate in child abuse and neglect actions, and reverse.

I. FACTS

Holly Strickland was taken into protective custody by appellant Spartanburg County Department of Social Services (DSS) on May 14,1991, after she reported to DSS that she had been sexually abused by her stepfather, Malcolm Little,…