Lawsuit: South Carolina DSS

“A Midlands foster mom has filed a class action lawsuit against DSS alleging the agency charged with protecting children has not provided services her foster child is entitled to.

“The system failed her. I mean she kind of fell through the gaps,” said the child’s foster mom. We’ve protected the identity of the foster mother in order to protect the identity of the foster child who is a minor and a victim of sexual assault.

“I contacted DSS over 80 times,” the foster mom said. “When I do contact DSS I leave messages. So over 80 messages, voice mails were left with DSS and no one has yet return my phone call.”

During the first 8 years of her life, before she was in her foster mom’s case, the class action lawsuit says the child was a victim of incest, sexual abuse, and forced into drug trafficking.

Last week, the 12 year old attempted suicide for the second time.

“She should be getting absolutely number one health insurance, shes entitled to medicaid,” the foster mom said. “Also, she should be getting a caseworker making contact with her every 30 days.”

Attorneys say last month, DSS agreed to provide more services.

“Medication, counseling, and a caseworker that day,” the foster mom said. “Nothing has happened yet.”

DSS Foster Care Caseworkers are supposed to see foster care children at least every 30 days.

The family, however, says prior to last weeks suicide attempt, they haven’t seen a foster care worker in 9 months.

“Intensive sexual trauma therapy. This is what this child needs,” said Attorney Robert Butcher. “We’re asking the court to order DSS to do their job and put them under supervision so they start to do their job.”

In the suit, it’s alleged that DSS ignored recommendations about the little girls needs and care.

“She says I need a foster care worker and I need a medicaid card. Frankly, if she had that card, she herself would go get these services. She knows what to do,” Butcher said.

In fact, in recent years the little girls foster mom was named state foster parent of the year.

In regards to the lawsuit, DSS says, “they are in the process of evaluating their claims. The agency will respond at the appropriate time in a court of law.””

Foster Mom Files Class Action Lawsuit Against DSS[WLTX 11/6/14 by Clark Fouraker]

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