ORDERS:
ORDER
This matter comes before the Administrative Law Judge Division ("Court") as a contested case from a decision by the Department of
Social Services ("Department") to remove a child from the Petitioners' ("Petitioners") home. The foster parents, Geronimo and
Jeanette Scott, were licensed by the Department for their home in Richland County. They have requested a hearing as a result of the
Department's removal of the child in their care prior to a hearing in this matter.
The evidence presented in the hearing revealed that the Petitioners are excellent foster parents. They had been licensed and cared for
children in other counties for a number of years. The sole reason for removal of the child was that the Richland County Department
believed that the child's welfare required such action because of the Petitioners' religious belief that women should not wear men's
clothes and that men should not wear women's clothes. Therefore, only female social workers wearing dresses or skirts, or who were
willing to put on a skirt when arriving at the Petitioners' home, were allowed to enter the home past the threshold. (1)
It now appears that the Petitioners have moved their residence from Richland County to Kershaw County. Based on the Department's
application of its regulations, this move would require that a new license be issued in Kershaw County. Also, according to the
Department, absent extenuating circumstances, a child remains in the county in which he was placed.
The Department has also informed the Court that there will be no ramifications from this removal, other than the sharing of
information about the occurrences in Richland County. Once the Petitioners make an application in Kershaw County, the
Department's Kershaw County office will perform an independent investigation to determine suitability of the Petitioners to operate a
foster home in that county.
Therefore, based on the above, this Court finds sua sponte that this issue before it is now moot. This case is accordingly dismissed.
AND IT IS SO ORDERED.
__________________________________
Ralph King Anderson, III
Administrative Law Judge
October 18, 2000
Columbia, South Carolina
1. Before moving to Richland County, the Petitioners were foster parents in both Lexington and Kershaw Counties. Their religious beliefs were tolerated by the
Department's workers in those counties. |
