S.C. DEPT. OF SOCIAL SERVICES v. SMITH

Opinion No. 5472.

419 S.C. 301 (2016)

797 S.E.2d 740

SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Respondent, and Sherry Powers, Edward Anthony Dalsing and Tammy Gaye Causey Dalsing, Intervenors, v. Erica SMITH and Andrew Jack Myers, Defendants, Of whom Edward Anthony Dalsing, Tammy Gaye Causey Dalsing, and Erica Smith are Respondents, and Andrew Jack Myers is the Appellant. In the interest of a minor under the age of eighteen.

Court of Appeals of South Carolina.

Filed December 15, 2016.

Withdrawn, Substituted and Refiled March 1, 2017.


Attorney(s) appearing for the Case

Melinda Inman Butler , of The Butler Law Firm, of Union; and Nathan James Sheldon , of The Law Office of Nathan J. Sheldon, LLC, of Rock Hill, for Appellant.

James Fletcher Thompson , of James Fletcher Thompson, LLC, of Spartanburg; and Larry Dale Dove , of Dove Law Group, LLC, of Rock Hill, for Respondents Edward A. Dalsing and Tammy G. Dalsing.

David E. Simpson , of South Carolina Department of Social Services, of Rock Hill, for Respondent South Carolina Department of Social Services.

Debra A. Matthews , of Debra A. Matthews, Attorney at Law, LLC, of Winnsboro, for Respondent Erica Smith.

Lindsey Ann McCallister , of Foster Care Review Board, of Columbia, for Respondent Foster Care Review Board.

Brenda L. Gorski , of South Carolina Guardian ad Litem Program, of Columbia, for the Guardian ad Litem.

Erick Matthew Barbare , of The Barbare Law Firm, of Greenville, for Intervenor Sherry Powers.


Appellant Andrew Jack Myers (Father) appeals a family court order terminating his parental rights to his minor daughter (Child) and granting an adoption of Child to Respondents Edward and Tammy Dalsing (Foster Parents). On appeal, Father argues the family court erred by (1) finding his consent was not required for Child's adoption, (2) terminating...

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