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S.C.D.M.H. v. STATE

23167

301 S.C. 75 (1990)

390 S.E.2d 185

SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH and South Carolina Protection and Advocacy System for the Handicapped, Inc., Intervenors/Appellants v. STATE of South Carolina, Respondent. In the Interest of DARREN J., Child under the age of 17 years.

Supreme Court of South Carolina.

Decided March 12, 1990.

Attorney(s) appearing for the Case

Kennerly M. McLendon, Mark W. Binkley, Office of Gen. Counsel of S.C. Dept. of Mental Health, Columbia, and David Burlington, of S.C. Protection and Advocacy System for the Handicapped, Inc., Greenville, for intervenors/appellants.

Asst. Sol. Blake A. Martin, Georgetown, for respondent.

Argued Oct. 5, 1988.

Decided March 12, 1990.

TOAL, Justice:

This is a juvenile proceeding out of which arose questions concerning the authority of the Family Court to commit children within its jurisdiction to the South Carolina Department of Mental Health (DMH). Specifically, the issue raised on appeal is whether the Family Court has the authority to commit juveniles to DMH for "safekeeping." Although the specific case involving Darren J. is now moot...

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