Product Details

About the Seminar
South Carolina Adoption Law and Practice - A Guide for Attorneys, Certified Investigators, and Families was first published by the South Carolina Bar in 2010 and now the long-awaited second edition of this adoption law treatise is here! To order this publication, please click here as it is not included in the program. The program will focus on changes in adoption law over the past decade and look to the future, including a discussion of new frontiers in family formation. For the first time, a chapter on termination of parental rights is included in the second edition. The appendix of the book contains forms and sample pleadings. Also included in this seminar is a discussion of ethical practice in adoption law led by Justice John Kittredge.

The seminar is geared toward private attorneys interested in beginning or expanding their adoption law practice; DSS attorneys, indigent defense attorneys, guardian’s ad litem and their attorneys, certified adoption investigators and DSS caseworkers.

 

Seminar Agenda
Welcome, and Opening Remarks
Adoption changes in the last decade
The Basics of Adoption Law Practice
Lauren Dove and James Fletcher Thompson, Thompson Dove Law Group, LLC
A hybrid of law and social science
South Carolina’s Notorious Adoption History
Adoption changes in the last decade
Using appropriate terminology
The role of the certified adoption investigator
Mechanics of a voluntary consent
Understanding legal definitions and theories
Recognizing an adoption case from a custody case
Defining the “Best Interest of the Child”
L. Dale Dove and James Fletcher Thompson, Thompson Dove Law Group, LLC
The evolution of South Carolina’s best interest doctrine
The legislature responds again . . . and again
Defining best interest as a focus on attachment and permanency
DSS’s evolving role in adoption of foster children
Adoption as first priority if reunification is not appropriate
A choice between kinship or a secure attachment
Foster parent rights
Ethical Challenges in Adoption Practice
The Honorable Justice John W. Kittredge, Supreme Court of South Carolina
James Fletcher Thompson, Thompson Dove Law Group, LLC
Competent representation and land mines for the uninitiated adoption practitioner
Clear lines of representation
Interactions with unrepresented persons
Limits on adversarialism
Candor with the court
An ethical paradigm for adoption practice
Weighing the Decision to Remove Children from their Biological Parents
Christopher E. Church, University of South Carolina School of Law
Reasonable efforts to prevent removal
Unnecessary removal, short stays in foster care
The importance of the probable cause hearing
New Frontiers in Family Formation
James Fletcher Thompson, Thompson Dove Law Group, LLC
America today: a diverse fabric of family formations
Emergence of LGBTQIA+ Rights
Obergefell, marriage equality, and the recognition of family
The Adoption Code: flexible to the contours of today’s family formations
Adoption by a Stepparent or Relative:
·  Adoption by a Second Parent
·  Joint Adoption

Assisted reproductive technologies (ART): the science and promise:
·  ART: legal safeguards and best practices

Prospects for the Future:
·  New family formations and a child’s best interest
·  Three Parents
Termination of Parental Rights
The Honorable Mindy Zimmerman, Judge, South Carolina Family Court
James Fletcher Thompson, Thompson Dove Law Group, LLC
A framework for analysis
Consent required and the TPR statute
Differences between the TPR statute and the Adoption Act
Evidentiary standard of proof
Notice to identified unmarried fathers
When to name fathers as a party to the case
Practice Pointers for defending a TPR case
Trial strategies
Practice Pointers for final adoption hearing
Misnomers, incorrect assumptions, and frequent mistakes by practitioners
Adjourn

 

About the Book
South Carolina Adoption Law and Practice - A Guide for Attorneys, Certified Investigators and Families, Second Edition

Whether you are an attorney who is interested in expanding your practice to include termination of parental rights and adoption, or you are an experienced adoption attorney looking to hone your skills, South Carolina Adoption Law and Practice is a valuable resource. The book addresses many topics, including, 

1. choosing the right legal theory: custody, TPR or adoption

2. the Responsible Father Registry

3. the presumption of legitimacy

4. the law and art of witnessing a consent

5. attacking finalized adoptions

6. the Interstate Compact on the Placement of Children

7. the Indian Child Welfare Act

8. Foster parent rights

9. Grounds for termination of parental rights

10. Defending birth parents in a TPR proceeding

11. Exploring adoption options for various family formations, such as step-parent, second parent, and joint adoption

12. The role of attachment in defining a child's best interest

13. the attorney's responsibility to provide medical/social information on the child and birth family

14. Proposing a ethical paradigm for adoption attorneys

 

Summary of Contents:
Chapter 1:  A Prologue
Chapter 2:  The Intersection of Adoption Law and Related Legal Concepts
Chapter 3:  Ethical Challenges in Adoption Practice
Chapter 4:  Consent
Chapter 5:  Birth Father Rights and Responsibilities
Chapter 6:  The Best Interest of the Child
Chapter 7:  Termination of Parental Rights
Chapter 8:  New Frontiers in Family Formation
Chapter 9:  Confidentiality in Adoptions: Degrees of Openness and Access to Adoption Records
Chapter 10:  Counseling, Investigations and Reports
Chapter 11: Financial Considerations
Chapter 12: Interstate Adoptions
Chapter 13: Indian Child Welfare Act
Chapter 14: Attacks on Finalized Adoptions

Appendices of Forms (includes forms, practice tips, website references)

This book can serve as a desktop reference for attorneys and certified investigators, as it provides sample pleadings, orders and practice forms. [Each purchase will include the hardcopy, as well as a PDF download of the book text and forms.] 

 

Mandatory MCLE Credit Hours
This seminar qualifies for 5.95 MCLE credit hours, including up to 1.0 LEPR credit hour.

 

This seminar is an Basic to Intermediate level program.

 

Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2024, please use this course code: 241277ADO.

 

Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2025, please use this course code:  

Tags Family; Children’s Law; Big Ticket