Is it legal for SCDSS to remove children from home without a court order?

UPDATED: Oct 10, 2012

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Is it legal for SCDSS to remove children from home without a court order?

Also, can the misspelling of names, wrong dates of birth, and wrong social security numbers in legal documents be cause for dismissal?

Asked on October 10, 2012 under Family Law, South Carolina


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

SCDSS can remove children from a home with a court order if they have a reason to believe that the children are at risk of imminent bodily injury.  This removal is only temporary... they must file a petition to keep the children longer.  If the children are misidentified in the petition either by their name spellings or socials, then it's not an automatic basis of dismissal-- but they could and would need to file amendments to correct the errors.

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