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SPARTANBURG CTY D.S.S. v. LITTLE

23691

309 S.C. 122 (1992)

420 S.E.2d 499

SPARTANBURG COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant v. Sandra LITTLE, Malcolm Little, and Dwight Strickland, Defendants, of whom Sandra Little and Malcolm Little are Respondents. In the Interest of Holly STRICKLAND (DOB: 7-22-74).

Supreme Court of South Carolina.

Decided July 20, 1992.

Attorney(s) appearing for the Case

Warren A. Kohn, South Carolina Dept. of Social Services, Columbia, and Asst. Sol. Callie A. Charles, Spartanburg, for appellant.

Richard H. Rhodes, Burts, Turner, Rhodes & Thompson, Spartanburg, for respondents.

John C. Williams, Jr., Spartanburg, for guardian ad litem for minor child.

Heard June 4, 1992.

Decided July 20, 1992.

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.

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