Court of Appeals holds juvenile cannot be ordered into confinement for an evaluation without first obtaining a recommendation from the community mental health center
The October 16, 2024, Court of Appeals opinion in SCDSS v.Caldwell, held that a juvenile cannot be ordered into confinement for an evaluation without first obtaining a recommendation from the community mental health center.
Caldwell involved a seventeen year old juvenile, J.S., who was on probation with the Department of Juvenile Justice and whose parents were parties to a DSS abuse and neglect action. Due to a lack of foster care options, J.S. was living at the county DSS offices, where he had “various behavioral issues.” Based on these concerns, the family court ordered J.S. into the Department of Mental Health (DMH) for an inpatient psychological evaluation.” J.S. appealed.
Despite the evaluation already having taken place, the Court of Appeals did not dismiss the appeal as moot, finding it was capable of repetition but would usually evade review. Addressing the merits, the Court of Appeals found the plain language of S.C. Code § 44-24-150. “requires a minor to first be evaluated at a community mental health center before the family court may order an inpatient evaluation for the juvenile.” Thus it reversed the family court for directing DMH to admit J.S. for an inpatient evaluation.
