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S.C. Dep't of Soc. Servs. v. Jenkins

STATE OF SOUTH CAROLINA In The Court of Appeals
Jan 31, 2018
Appellate Case No. 2015-002632 (S.C. Ct. App. Jan. 31, 2018)

Opinion

Appellate Case No. 2015-002632 Unpublished Opinion No. 2018-UP-055

01-31-2018

South Carolina Department of Social Services, Respondent, v. Monique Jenkins, Appellant. In the interest of minors under the age of eighteen.

Mary Patricia Crawford, of the Crawford Law Firm, LLC, of Walterboro, for Appellant. Myra V. Whitener and Deanne M. Gray, both of Summerville, for Respondent. Mary Lee Briggs, of Briggs & Inglese, LLC, of Charleston, for the Guardian ad Litem.


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. Appeal From Dorchester County
James G. McGee, III, Family Court Judge

AFFIRMED

Mary Patricia Crawford, of the Crawford Law Firm, LLC, of Walterboro, for Appellant. Myra V. Whitener and Deanne M. Gray, both of Summerville, for Respondent. Mary Lee Briggs, of Briggs & Inglese, LLC, of Charleston, for the Guardian ad Litem. PER CURIAM : Monique Jenkins (Mother) appeals the family court's removal order that denied her motion to continue the merits hearing and granted custody to the Department of Social Services. On appeal, Mother argues the family court erred by (1) denying her motion to continue the merits hearing based on exceptional circumstances and (2) making a final determination while bound by a prior family court order that denied her the right to due process. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: 1. We find the family court did not err by declining to grant Mother's motion to continue. See Simmons v. Simmons, 392 S.C. 412, 414, 709 S.E.2d 666, 667 (2011); Lewis v. Lewis, 392 S.C. 381, 385-86, 709 S.E.2d 650, 651-52 (2011) (stating this court reviews factual and legal issues from a family court order de novo); S.C. Code Ann. § 63-7-710(E) (2010) (providing that a family court may grant a continuance that would result in the removal hearing being held more than thirty-five days after the removal petition was filed only if exceptional circumstances exist); S.C. Dep't of Soc. Servs. v. Walter, 369 S.C. 384, 387, 631 S.E.2d 913, 914 (Ct. App. 2006) ("A removal action should be resolved in an expedited manner for the protection of an abused or neglected child."). 2. We find the family court did not err by making a final determination while bound by a prior court order. See Charleston Cty. Dep't of Soc. Servs. v. Father, Stepmother, & Mother, 317 S.C. 283, 288, 454 S.E.2d 307, 310 (1995) ("There is a long standing rule in South Carolina that one judge may not overrule another judge of the same court."). We also note Mother's due process rights were not violated because she had sufficient time to prepare for trial and was not denied the opportunity to defend her interests or be meaningfully heard. See S.C. Dep't of Soc. Servs. v. Beeks, 325 S.C. 243, 246, 481 S.E.2d 703, 705 (1997) ("Due process is a flexible concept, and the requirements of due process in a particular case are dependent upon the importance of the interest involved and the circumstances under which the deprivation may occur."); S.C. Dep't of Soc. Servs. v. Wilson, 352 S.C. 445, 452, 574 S.E.2d 730, 734 (2002) ("The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.").

We decide this case without oral argument pursuant to Rule 215, SCACR. --------

AFFIRMED.

SHORT, KONDUROS, and GEATHERS, JJ., concur.


Summaries of

S.C. Dep't of Soc. Servs. v. Jenkins

STATE OF SOUTH CAROLINA In The Court of Appeals
Jan 31, 2018
Appellate Case No. 2015-002632 (S.C. Ct. App. Jan. 31, 2018)
Case details for

S.C. Dep't of Soc. Servs. v. Jenkins

Case Details

Full title:South Carolina Department of Social Services, Respondent, v. Monique…

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Jan 31, 2018

Citations

Appellate Case No. 2015-002632 (S.C. Ct. App. Jan. 31, 2018)