BLH BY HENSLEY v. SOUTH CAROLINA DSS

Opinion No. 5556.

423 S.C. 422 (2018)

814 S.E.2d 638

BLH BY parents/general guardians Kenneth and Angela HENSLEY, and on behalf of all others similarly situated, Respondent, v. SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Appellant.

Court of Appeals of South Carolina.

Filed April 25, 2018.

Rehearing Denied June 21, 2018.


Attorney(s) appearing for the Case

Andrew F. Lindemann and Joel Steve Hughes , both of Davidson & Lindemann, PA, of Columbia, for Appellant.

Charles J. Hodge and T. Ryan Langley , both of Hodge & Langley Law Firm, PC, and James Fletcher Thompson , of James Fletcher Thompson, LLC, all of Spartanburg, for Respondent.


This case involves the alleged breach of adoption assistance subsidy [AAS] agreements by the South Carolina Department of Social Services (DSS). DSS contends (1) the circuit court erred in certifying a class when the class representative failed to prove the necessary element of commonality, and (2) the

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