SCDSS v. Fuller ( 2021 )

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
South Carolina Department of Social Services,
Respondent,
v.
Jennifer Fuller, Roger Ryea, and Bruce Fuller,
Defendants,
Of whom Jennifer Fuller is the Appellant.
In the interest of a minor under the age of eighteen.
Appellate Case No. 2020-001353
Appeal From Abbeville County
Mindy W. Zimmerman, Family Court Judge
Unpublished Opinion No. 2021-UP-142
Submitted April 23, 2021 – Filed April 27, 2021
AFFIRMED
Heather Vry Scalzo, of Byford & Scalzo, LLC, of
Greenville, for Appellant.
Cedric Antwon Cunningham, of Kinlaw and
Cunningham, LLC, of Greenville; and Sarah M.
Coldiron, of the South Carolina Department of Social
Services, of Newberry, both for Respondent.
Carson McCurry Henderson, of The Henderson Law
Firm, PC, of Greenwood, for the Guardian ad Litem.
PER CURIAM: Jennifer Fuller appeals the family court's order removing her
minor child from her custody, finding she physically neglected her minor child,
ordering her to complete a placement plan, granting Roger Ryea custody of her
minor child, and ordering a review hearing in six months. See S.C. Code Ann.
§ 63-7-1660(E) (2010) (setting forth findings a family court must make when
removing children from the custody of their parents). Upon a thorough review of
the record and the family court's findings of fact and conclusions of law pursuant
to Ex parte Cauthen, 291 S.C. 465, 354 S.E.2d 381 (1987),1 we find no meritorious
issues warrant briefing. Accordingly, we affirm the family court's ruling and
relieve Fuller's counsel.
AFFIRMED.2
WILLIAMS, THOMAS, and HILL, JJ., concur.
1
See also S.C. Dep't of Soc. Servs. v. Downer, S.C. Sup. Ct. Order dated Feb. 2,
2005 (expanding the Cauthen procedure to situations when "an indigent person
appeals from an order imposing other measures short of termination of parental
rights").
2
We decide this case without oral argument pursuant to Rule 215, SCACR.