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2004-UP-301 - S.C. Department of Social Services v. Williams

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

South Carolina Department of Social Services, Respondent,

v.

James Gerald Williams, and Taylor Kristen Cann, DOB: 8/30/01, Defendants,

of whom James Gerald Williams is Appellant.


Appeal From Bamberg County
 Dale Moore Gable, Family Court Judge


Unpublished Opinion No. 2004-UP-301
Submitted February 23, 2004 – Filed May 5, 2004


AFFIRMED


Evert  Comer, Jr., of Denmark, for Appellant,

Richard B. Ness, Early & Ness, of Bamberg, for Respondent,

William S. Kemp, of Bamberg, for Guardian Ad Litem.

PER CURIAM: James Gerald Williams appeals from a family court order terminating his parental rights to his minor daughter, Taylor Kristen Cann.  The family court terminated Williams’s parental rights (1) pursuant to S.C. Code Ann. § 20-7-1572(1), based on its finding that the repetition and severity of abuse in the home indicated that the home could not reasonably be made safe for the minor child within a twelve month period; (2) pursuant to S.C. Code Ann. § 20-7-1572(4), based on its findings that the minor child had lived outside Williams’s home for a period exceeding the six months and that Williams failed to support the minor child; and (3) based on its finding that termination of parental rights was in the minor child’s best interests.

Pursuant to Ex parte Cauthen, 291 S.C. 465, 354 S.E.2d 381 (1987), Williams’s counsel attached to the record of the family court proceedings an affidavit stating his belief that the appeal lacks merit. Williams did not file a pro se response.

Upon reviewing the record and the family court’s determination in its entirety, we find no meritorious issues warranting briefing. Accordingly, the trial court’s decision is

AFFIRMED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.