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DSS v. HOGAN

No. 5269.

410 S.C. 120 (2014)

763 S.E.2d 219

SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Respondent, v. Denise HOGAN, Katrina Massey, and Michael Jackson, Defendants, Of whom Katrina Massey is the Appellant. In the interest of minor children under the age of eighteen.

Court of Appeals of South Carolina.

Decided September 3, 2014.

Attorney(s) appearing for the Case

Phyllis Walker Ewing and Trudy Hartzog Robertson , both of Moore & Van Allen, PLLC, of Charleston, for Appellant.

Wolfgang Louis Kelly , of South Carolina Department of Social Services, of North Charleston, for Respondent.

Joshua Keith Roten , of Charleston, for the Guardian ad Litem.

PER CURIAM.

In this permanency planning appeal, we hold the family court erred in finding it lacked jurisdiction to order reunification when no merits hearing was ever held to determine whether the children were abused or neglected. We also find the family court erred in dismissing the oldest son from the action when he was removed pursuant to a removal action and custody was never permanently awarded to a third party. We reverse and remand with instructions for the...

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