SCDSS v. Barnette

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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. John Barnette, Shatima Barnette, Bernard Allen, Jr., and Meagan Allen, Defendants, Of whom John Barnette is the Appellant. In the interest of minors under the age of eighteen. Appellate Case No. 2018-001940 Appeal From Spartanburg County James F. Fraley, Jr., Family Court Judge Unpublished Opinion No. 2020-UP-078 Submitted March 11, 2020 – Filed March 18, 2020 AFFIRMED John Brandt Rucker and Allyson Sue Rucker, both of The Rucker Law Firm, LLC, of Greenville, for Appellant. Robert C. Rhoden, III, of the South Carolina Department of Social Services, of Spartanburg, for Respondent. Jacqueline Alicia Moss, of the Law Firm of Jacqueline Moss, of Spartanburg, for the Guardian ad Litem. PER CURIAM: John Barnette appeals the family court's final order finding he harmed his minor children and removing them from his custody. See S.C. Code Ann. § 63-7-1660(E) (2010). 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), and South Carolina Department of Social Services v. Dawner, S.C. Sup. Ct. Order dated Feb. 2, 2005,1 we find no meritorious issues warrant briefing. Accordingly, we affirm the family court's ruling and relieve Barnette's counsel. AFFIRMED.2 WILLIAMS, KONDUROS, and HILL, JJ., concur. 1 Expanding the Cauthen procedure to situations in which an indigent person appeals an order imposing measures short of termination of parental rights, such as removal based on child abuse and neglect. 2 We decide this case without oral argument pursuant to Rule 215, SCACR.

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