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Event Information

Adoption Law

February 23, 2023


Live in person hours at SC Bar Conference Center, 1501 Park St, Columbia, SC 29201

To Register for the Live Webcast click here(Live Webcast DOES NOT count as "live" hours).

South Carolina Adoption Law and Practice - A Guide for Attorneys, Certified Investigators, and Families was first published by the South Carolina Bar in 2010. The long-awaited second edition of this adoption law treatise will serve as the course materials for this six-hour CLE. 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, guardians ad litem and their attorneys, certified adoption investigators and DSS caseworkers.

This seminar is a basic to intermediate level program.

This program qualifies for 6.0 MCLE credit hours, including 1.0 LEPR credit hour
SC Supreme Commission on CLE Course #: 234311


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.]  

Registration Fees:
$335 - (includes publication - South Carolina Adoption Law and Practice - A Guide for Attorneys, Certified Investigators and Families, Second Edition by James Fletcher Thompson
$125 - Paralegals (book sold separately, $120)
Big Ticket Holder: $0 (subscribers pay book retail cost of $120 - after the seminar, price will be $140)

*Certified Adoption Investigators (CAI) and employees of adoption agencies are free to register for the adoption seminar at the paralegal rate, whether they wish to attend in person or by live webcast.

 

NON-SC BAR MEMBER REGISTRATION INFORMATION: A non-SC Bar Member will need to create an account. To create a new account click here and follow the instructions carefully. Once you have created your account it is advised that you close all browers and go back to the registration page at https://cle.scbar.org/Seminars/Info/sessionaltcd/S2023_026 (for live in-person) or  https://cle.scbar.org/Seminars/Info/sessionaltcd/W2023_026 (for live webcast) and log in . PLEASE NOTE: DO NOT create a new account if you are a current South Carolina Bar member or a past South Carolina Bar member returning to practice. If you have taken a past program with us and not sure of your login, please contact registrar@scbar.org or 803-576-3822.

 


The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.

Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees.

Registration Fees

Certified Adoption Investigators (No Publication)
$125.00
CLE Big Ticket (Does not include Publication)
$0.00
Employees of Adoption Agencies (No Publication)
$125.00
Member Registration (Includes Publication)
$335.00
Non Member Registration (Includes Publication)
$335.00
SC Bar Certified Paralegal (Does not include Pub.)
$125.00
Price Description Amount

Agenda

  Printed Publication for Big Ticket holders, Paralegals, CAIs, and Employees of Adoption Agencies
$120.00

Speakers

NameOrganizationSpeaking At
Christopher Church
University of South Carolina School of Law  -
James Thompson
Thompson Dove Law Group LLC  -
John Kittredge
S.C. Supreme Court  -
Larry Dove
Thompson Dove Law Group LLC  -
Lauren Dove
Thompson Dove Law Group  -
Mindy Zimmerman
S.C. Family Court  -

Policy

Continuing Education

Agenda

8:30 a.m.      

Registration 

 

8:55 a.m.      

Welcome, and Opening Remarks

Adoption changes in the last decade. 

 

9:00 a.m.      

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

 

10:00 a.m.    

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

 

10:45 a.m.    

Break

 

11:00 a.m.

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 

 

12:00 p.m.   

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

 

12:30– 1:45 p.m.    

Lunch On Your Own

 

1:45 p.m.      

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

 

3:00 p.m.      

Break

 

3:15 p.m.      

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

 

4:45 p.m.      

Adjourn

 

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