Children's Bureau v. Johnson
Children's Bureau v. Johnson
Opinion of the Court
This action was instituted by the Children’s Bureau in order to establish its right to consent to an adoption of Baby Stephen Ray Johnson, the illegitimate infant son of respondent, Sondra Johnson (Anderson). The petition of the Chillren’s Bureau alleged that the respondent had executed a “document of surrender” authorizing it to provide the necessary care and placement for adoption purposes of her child and also alleged that respondent had willfully
On May 19, 1971, the respondent, while a voluntary admittant at Hall Institute, executed a document of surrender which contained terms authorizing the Children’s Bureau to take custody of the child and consent in loco parentis to his legal adoption. The South Carolina Code specifically approves the use of this type of document in adoption proceedings :
An adoption of a child may be decreed when there have been filed written consents to adoption executed by:
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(d) the executive head of an agency if both parents are dead or if the child has been relinquished for adoption to such agency or if the rights of the parents have been judicially terminated and custody of the child has been legally vested in such agency with authority to consent to adoption of the child; . . .
Section 15-45-70, South Carolina Code, 1976. (emphasis added). See also Section 43-11-90 of the Code which deals with the ability of the Children’s Bureau to consent to the adoption of children committed to its care.
The respondent remained at Hall Institute until August of 1971 and on November 23, 1971 the Children’s Bureau gave permission to the respondent to assume the care of her minor child pursuant to an agreement. It is stipulated that the document of surrender executed May 19, 1971 consti
Chapter 11 of Title 20 of the 1976 Code of Laws governs actions for the termination of parental rights to abandoned or abused children. Section 20-11-30' gives the procedure to be followed when an agency petitions the court under the chapter and Section 20-11-40 allows the court to terminate parental rights to a child abandoned for a period in excess of six months, thereby rendering the child eligible for adoption. Section 20-11-20 contains the definition of an abandoned child relevant to this case:
For the purposes of this chapter, an abandoned child shall be: ,
(1) A child whose parents have willfully failed to visit or have willfully failed to support or make payments toward
A finding that respondent’s infant son was abandoned for the statutory period is required under our view of the evidence summarized below. This finding authorizes a termination of parental rights and we are in agreement that respondent’s parental rights should have been terminated and the child made eligible for adoption.
The testimony of Mrs. Schoenberg, respondent’s caseworker from the Children’s Bureau, Mrs. Cannon, the executive director of the Bureau, and the respondent illustrates that the position of the Children’s Bureau was that the document of surrender was not voided when the respondent was permitted to assume the care of her child in November of 1971 and that this position was made known to the respondent. The agents of the Children’s Bureau believed in good faith that the document of surrender gave the agency the authority, during the entire period in question, to do any act consistent with the child’s best interest. This belief is illustrated by the following interchange between Mrs. Cannon and respondent’s counsel.
Mrs. Cannon: Once the child has been committed to the Agency, the Agency carries a very grave responsibility, we feel, for doing whatever seems to be in the best interest of the child. When I say “seems,” seems in the judgment of the staff, the best interest of the child.
Respondent’s counsel: I believe you also testified that it’s also the policy that the Bureau continues working with the natural parents in these cases, attempting to place them back with the natural parents. Is that correct?
Mrs. Cannon: Not necessarily. Every case is different, and you operate in each case according to the circumstances in that case. (Tr. p. 116.)
Under the unusual circumstances present in this case, we are of the opinion that a preponderance of the evidence requires the conclusion that the child in question has been
Reference
- Full Case Name
- CHILDREN'S BUREAU OF SOUTH CAROLINA v. Sondra JOHNSON, a minor parent over the age of fourteen (14) years, and Baby Stephen Ray Johnson
- Status
- Published