South Carolina Department of Social Services v. Walter
South Carolina Department of Social Services v. Walter
Opinion of the Court
The issue presented in this appeal is whether William Nelson’s due process and equal protection rights were violated by the fact that the family court intervention action proceeded to trial while related criminal charges were also pending against him. We find no constitutional violation and affirm.
In June of 2004, the South Carolina Department of Social Services brought a removal action against Michelle Walter, Ricardo Pagan, and William Nelson alleging that Walter and Pagan left Jane Doe,
A trial was held, and the family court found that Nelson had sexually abused Doe. Nelson did not testify at the hearing. Nelson appeals.
II.
Nelson argues on appeal that his equal protection and due process rights were violated by the family court’s failure to hold the family court action in abeyance pending resolution of the related criminal charges. The essence of Nelson’s position is that the pending criminal charges (and his right to remain silent) unduly and impermissibly influenced his decision whether to testify in the family court action and, more generally, his ability to defend himself against the family court abuse allegations, amounting to a constitutional violation.
Case law from other jurisdictions has uniformly rejected Nelson’s constitutional challenge. United States v. Kordel, 397 U.S. 1, 11, 90 S.Ct. 763, 25 L.Ed.2d 1 (1970) (holding that simultaneous civil and related criminal proceedings do not constitute “unfairness and want of consideration of justice” requiring reversal of a criminal conviction); Peiffer v. Lebanon Sch. Dist., 848 F.2d 44, 46 (3rd Cir. 1988) (holding there was no constitutional requirement that the administrative hearing be postponed pending disposition of the criminal charges); Wimmer v. Lehman, 705 F.2d 1402, 1406-1407 (4th Cir. 1983), cert. denied, 464 U.S. 992, 104 S.Ct. 484, 78 L.Ed.2d 681 (1983) (same); Hoover v. Knight, 678 F.2d 578, 581 (5th
We are further mindful of the statutory mandate for an expedited resolution in family court intervention actions. A removal action should be resolved in an expedited manner for the protection of an abused or neglected child. S.C.Code Ann. §§ 20-7-610 and 20-7-736 (Supp. 2005).
Nelson was present at the hearing and was represented by counsel. His decision whether to testify, while admittedly a difficult one for tactical reasons, did not implicate either the state or federal constitutions. Because no constitutional issue
AFFIRMED.
. We decide this case without oral argument pursuant to Rule 215, SCACR.
. We use of the name Doe in light of the allegations and findings of sexual abuse.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.