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DOE v. STATE

22815

294 S.C. 125 (1987)

363 S.E.2d 106

Jane DOE, Respondent-Appellant v. STATE of South Carolina, South Carolina Department of Social Services, Charleston County Department of Social Services, and Nancy Worley, and Deborah B. Rodwell, in their official capacities as social workers for the Charleston County Department of Social Services, Defendants, of Whom State of South Carolina, South Carolina Department of Social Services, Charleston County Department of Social Services and Deborah B. Rodwell are Appellants-Respondents, and John DOE, a minor under the age of fourteen (14) years, by his Guardian ad Litem, Jane Doe, Respondent-Appellant v. STATE of South Carolina, South Carolina Department of Social Services, Charleston County Department of Social Services, and Nancy Worley, and Deborah B. Rodwell, in their official capacities as social workers for the Charleston County Department of Social Services, Defendants, of Whom State of South Carolina, South Carolina Department of Social Services, Charleston County Department of Social Services and Deborah B. Rodwell are Appellants-Respondents.

Supreme Court of South Carolina.

Decided December 7, 1987.

Attorney(s) appearing for the Case

Joel H. Smith and Arthur L. Coleman, both of Nelson, Mullins, Riley & Scarborough, Columbia, for appellant-respondent South Carolina Dept. of Social Services.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. B.J. Willoughby and Jane McCue Johnson, Columbia, for appellant-respondent State of South Carolina.

E. Jeannette Heyward, of Long, Smith and Jordon, Charleston, for appellants-respondents Charleston County Dept. of Social Services and Deborah B. Rodwell.

Tony R. Megna, of Cooper, Coffas, Heizer, Studemeyer and Megna, Columbia, for respondents-appellants.

Heard Oct. 20, 1987.

Decided Dec. 7, 1987.

NESS, Chief Justice:

Appellants-Respondents Jane and John Doe (Doe) brought this action against Respondents-Appellants (DSS) seeking a declaratory judgment, injunctive relief and monetary damages. Doe alleged S.C. Code Ann. § 20-7-610 (1985) is unconstitutional; DSS had violated common law and statutory duties in removing John Doe from the custody of Jane Doe...

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