Bittersweet Justice: SC Department of Social Services

Occasionally there is justice for those negatively affected by the child welfare and adoption systems. Unfortunately, it is usually bittersweet and much too late. This will serve as REFORM Talk’s justice files.

From Spartanburg, South Carolina, “the Hite and Stone law firm said a federal lawsuit trial ended on March 22 in Spartanburg with the jury finding for a sexually abused child and ordering the SC Department of Social Services to pay $534,000.

The lawsuit was brought by Hite and Stone and the Foster Care Abuse Law Firm of Camden, SC.

Attorney Heather Hite Stone said they believe this case was the first of its kind to be tried in South Carolina since the law was changed in March 2010 establishing notice for federal claims by foster children.

The lawsuit claimed the victim, a boy named as W.S., was sexually abused multiple times by other boys at Boys Home of the South while he was between the ages of 10 and 13.

The lawsuit alleged the abuse was chronic and involved multiple other children.

At the conclusion of the trial, the jury found that DSS was grossly negligent in their care of the child.

The jury awarded $400,000 to the victim as compensatory damages and found three different occurrences of gross negligence.

The jury also found that two caseworkers were deliberately indifferent to the constitutional rights of the victim and awarded compensatory and punitive damages which totaled $134,000.

“It is shocking that DSS knew of the danger to this child and chose to ignore it,” said Hite Stone. “We are pleased that the jury stood up for this child.”

Camden attorney Robert Butcher added, “The South Carolina Department of Social Services is an agency conceived to care for our society’s most vulnerable members. When they fail to follow their legal duties, the consequences are catastrophic.”

FOX Carolina has reached out to DSS for comment.”

Jury awards $530K to boy who claimed chronic sexual abuse while living at SC DSS facility

[Fox Carolina 3/28/19 by Dal Kalsi]

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