THE STATE OF SOUTH CAROLINA 

In The Court of Appeals 

Kaci May and Kaci May as guardian ad litem for 

A.R.M., J.H.M., J.T.M., C.B.M., J.R.M., and J.W.M., 

Appellants, 

v. 

Dorchester School District Two, South Carolina 

Department of Social Services, Michael Leach, and 

Jasmine Flemister, Respondents. 

Appellate Case No. 2020-001352 

Appeal From Dorchester County 

Maite Murphy, Circuit Court Judge 

Opinion No. 6053 

Heard June 7, 2023 – Filed March 13, 2024 

AFFIRMED 

Deborah J. Butcher and Robert J. Butcher, both of The 

Camden Law Firm, PA, of Camden, for Appellant. 

Kenneth P. Woodington and William H. Davidson, II, 

both of Davidson, Wren & DeMasters, of Columbia, for 

Respondents South Carolina Department of Social 

Services, Michael Leach, and Jasmine Flemister; and 

Thomas Kennedy Barlow, Susan Marie Fittipaldi, and 

Dwayne Traynor Mazyck, all of Halligan, Mahoney, & 

Williams, of Columbia, for Respondent Dorchester 

School District Two. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MCDONALD, J.: Kaci May filed this circuit court action seeking to enjoin the 

South Carolina Department of Social Services (DSS) from interviewing her 

children at school and to prevent Dorchester School District Two (School District) 

from facilitating such interviews without a court order, warrant, subpoena, or new 

allegation of abuse or neglect. May appeals the order denying injunctive relief and 

challenges the circuit court's finding that because Respondents acted within their 

express statutory authority, their efforts to interview the children did not implicate 

the Fourth Amendment. We affirm the well-reasoned order of the circuit court. 

Facts and Procedural History 

Kaci and Warren May (collectively, the Mays)1 were the parents of seven children: 

four biological children (J.T.M., C.B.M., A.R.M., and J.W.M.) and an adopted 

sibling group (J.H.M., J.R.M., and L.C.M.).2 One or more of the adopted children 

suffered severe sexual abuse while with their biological family. 

On March 27, 2017, the Mays attended a daylong meeting with School District 

personnel at Sand Hill Elementary School to discuss four of the children. At this 

meeting, May alleged in graphic detail that one of the adopted children had 

brutally raped one or more children in the May home. May called this child, who 

was present at the meeting, a rapist and made other concerning statements. 

The School District reported May's statements to DSS, which opened an 

investigation. As a part of the investigation, DSS conducted—or attempted to 

conduct—interviews with the five school-aged children at Sand Hill Elementary 

School on March 29 and March 30. On March 31, two DSS caseworkers went to 

the family home in an effort to contact May and see the children they were unable 

to interview at school, but May would not allow the caseworkers to enter the home 

and did not allow them to interview the children. DSS continued to investigate, 

and caseworkers conducted a combined school interview of three of the children 

1 Warren May passed away in 2020. 

2 The Mays adopted J.H.M., J.R.M., and L.C.M. from foster care in June 2015. At 

the time of the circuit court's bench trial, the three adopted children had been 

moved from the May home to residential facilities. 
 

 

 

 

 

 

 

 

 

 

 

 

 

on May 12.

3 Later that day, DSS indicated a case of physical neglect against May; 

the Mays subsequently filed an administrative appeal of that determination. 

On June 15, 2017, Dorchester County DSS Director John Dunne advised the Mays 

that he had conducted an interim review of the case and "concluded that the 

decision to indicate the case for Neglect is supported by a preponderance of the 

evidence." Dunne also informed the Mays that DSS would seek intervention in 

family court. On June 23, DSS stayed the administrative appeal pending the 

outcome of the family court case. 

Despite the serious safety concerns she had raised, May resisted all DSS efforts to 

contact the children or visit their home during June, July, and August 2017. 

Instead, she referred the caseworkers to her attorney.4 At the start of the new 

school year, May instructed the School District that no further interviews with her 

children were to occur without someone first contacting May or her counsel.5 On 

September 13 and 14, 2017, May withdrew J.H.M. and J.R.M. (two of the adopted 

children) from Sand Hill Elementary and Gregg Middle School and transferred 

them to Connections Academy, South Carolina's virtual charter school. 

DSS filed a family court case seeking non-emergency removal of the children from 

the May home on September 14, 2017. May counterclaimed, seeking, among other 

things, an order restraining DSS caseworkers from speaking with the Mays about 

legal issues in the case. She also filed a motion seeking an order restraining DSS 

from "interrogating [her] children at school." 

3 DSS was later able to interview two of the children on May 25. May conceded 

she did not object to DSS interviewing the children at school while the case was 

still within the investigative period. 

4 DSS's concerns are reflected in the caseworker's September 22, 2017 notes: "Kaci 

and Warren May have not allowed the department in their home. No assessments 

have been made for this family. The [Mays] have not been in direct contact with 

the department. The family's attorney is not responding to emails to schedule 

visits. . . . The department is concerned about the allegations and the inability to 

get in the home. The department is unable to properly assess for the safety and 

wellbeing of the minor children." 

5 The Sand Hill Elementary principal disregarded these instructions because the 

School District needed "a court order signed by a judge to make this happen." 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DSS conducted additional in-school interviews in the fall of 2017. Three of the 

children were interviewed on September 18, one child was interviewed on 

September 22, and DSS conducted a brief, combined interview with three of the 

children on November 20.6 

On December 7, 2017, May, individually and as guardian ad litem for the seven 

children, filed this circuit court action seeking preliminary and permanent 

injunctive relief to prevent DSS from interviewing her children at school. She also 

sought to enjoin the School District from facilitating such interviews unless DSS 

presented a court order, warrant, subpoena, or new allegation of abuse or neglect. 

On June 14, 2018, the family court action was dismissed by voluntary stipulation. 

DSS agreed the "investigation beginning on or about March 28, 2017[,] resulting in 

a finding of abuse and/or neglect on or about May 12, 2017[,] is hereby 

overturned." DSS closed its case on June 21. 

Following a hearing, the circuit court denied May's motion for a temporary 

restraining order, finding May failed to establish irreparable harm or the lack of an 

adequate remedy at law. The School District and DSS then moved to dismiss. The 

circuit court granted these motions in part and dismissed the individual School 

District defendants. The remaining governmental defendants answered May's 

complaint and denied she was entitled to permanent injunctive relief. At the 

subsequent August 2020 bench trial, the circuit court directed a verdict for the 

School District and DSS. May timely appealed. 

Analysis 

"To obtain an injunction, a party must demonstrate irreparable harm, a likelihood 

of success on the merits, and the absence of an adequate remedy at law." Richland 

County v. S.C. Dep't of Revenue, 422 S.C. 292, 310, 811 S.E.2d 758, 767 (2018) 

(quoting Denman v. City of Columbia, 387 S.C. 131, 140, 691 S.E.2d 465, 470 

(2010)). "An injunction is a drastic equitable remedy courts may use in their 

discretion in order to prevent irreparable harm to a party . . . . and only where no 

adequate remedy exists at law." Hampton v. Haley, 403 S.C. 395, 409, 743 S.E.2d 

258, 265 (2013). Although an order granting or denying a request for injunctive 

relief is generally reviewed for abuse of discretion, "where the decision turns on 

statutory interpretation . . . this presents a question of law." Lambries v. Saluda 

Cnty. Council, 409 S.C. 1, 8, 760 S.E.2d 785, 788 (2014). An appellate court 

6 DSS did not seek to interview the May children after November 20, 2017. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

"reviews questions of law de novo." Id. at 7, 760 S.E.2d at 788 (quoting Town of 

Summerville v. City of N. Charleston, 378 S.C. 107, 110, 662 S.E.2d 40, 41 

(2008)). 

I. Irreparable Harm 

May argues the circuit court erred in finding she failed to demonstrate irreparable 

harm. We disagree. 

Initially, we note it is undisputed that DSS's last interview with any of the May 

children occurred in November 2017, and DSS closed its family court case in June 

2018. Before both the family and circuit courts, May failed to offer any evidence 

of threatened or pending DSS investigations or of further DSS plans to interview 

her children at a school. The three adopted children no longer live with the 

biological May family. 

Significantly, May has not identified any injury aside from inconvenience or mild 

upset at the prospect of DSS returning to interview her children. The children 

testified that they knew they did not have talk to DSS, and some exercised their 

right not to answer questions. There is no evidence in the record that any of the 

children's grades suffered or that any of the children were harmed, much less to an 

extent that might have outweighed DSS's need to interview them regarding May's 

own report that one or more of her children had suffered sexual abuse by another 

child in the May home. Although May testified the children were upset by the 

DSS interviews, there is simply no evidence to support a claim that any of the May 

children have been harmed or would suffer harm in the absence of injunctive relief. 

The adopted children had significant prior physical and psychological challenges, 

including but not limited to the horrific sexual abuse they suffered while with their 

biological family. These prior experiences caused stress and emotional harm far 

beyond any issue raised in the current matter. Thus, it is difficult to comprehend 

how the emotional difficulty alleged could be attributed to the DSS interviews 

which, as discussed below, were appropriate and authorized by statute. Notably, 

May failed to demonstrate that DSS returning to a school to interview her children 

was anything more than a hypothetical possibility insufficient to support her claim 

for injunctive relief.7 Accordingly, the circuit court properly found May failed to 

show the required irreparable harm. 

7 We decline to dismiss May's appeal as moot because her case presents an issue 

that is capable of repetition but usually becomes moot before it may be reviewed. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

II. Likelihood of Success on the Merits 

May next argues the circuit court erred in finding she failed to establish a 

likelihood of success on the merits and in ruling section 63-7-920 of the South 

Carolina Code (2010) "was not limited by her constitutional protections." But the 

circuit court made no such ruling. As to May's constitutional claims, the circuit 

court recognized the United States Supreme Court "has never held that a social 

worker's warrantless in-school interview of a child pursuant to a child abuse 

investigation violates the Fourth Amendment." See, e.g., Camreta v. Greene, 563 

U.S. 692, 710–14 (2011) (examining in-school interviews in Fourth Amendment 

context but ultimately leaving the issue undecided and disposing of the case on 

mootness grounds). The circuit court then noted the DSS interviews here were 

authorized by statute and that May failed to show either DSS or the School District 

acted unreasonably by interviewing the children or permitting the interviews.8 We 

agree with the circuit court. 

Within twenty-four hours of receiving a report of suspected child abuse or neglect, 

DSS "must begin an appropriate and thorough investigation to decide whether the 

See Wardlaw v. S.C. Dep't of Soc. Servs., 427 S.C. 197, 204, 829 S.E.2d 718, 721 

(Ct. App. 2019) (finding that an appellate court may address a matter despite 

mootness where it raises an issue capable of repetition that "usually becomes moot 

before it may be reviewed" (citing S.C. Dep't of Mental Health v. State, 301 S.C. 

75, 76, 390 S.E.2d 185, 185 (1990)). The interviews May challenges occur early 

in the process of abuse and neglect investigations, and a family court's review in 

such cases would be complete before any related civil action could be considered. 

See, e.g., Rainey v. S.C. Dep't of Soc. Servs., 434 S.C. 342, 351, 863 S.E.2d 470, 

475 (Ct. App. 2021) (noting statutorily mandated timelines for investigation once 

DSS receives a report of possible abuse or neglect). 

8 The Fourth Amendment to the United States Constitution provides: "The right of 

the people to be secure in their persons, houses, papers, and effects, against 

unreasonable searches and seizures, shall not be violated, and no warrants shall 

issue, but upon probable cause, supported by oath or affirmation, and particularly 

describing the place to be searched, and the persons or things to be seized." U.S. 

Const. Amend IV. The Fourteenth Amendment extends this constitutional 

guarantee to searches and seizures by state officers, Elkins v. United States, 364 

U.S. 206, 223–24 (1960), including public school officials, New Jersey v. T.L.O., 

469 U.S. 325, 336–37 (1985). 
 

 

 

 

 

 

 

 

 

 

 

 

 

report should be 'indicated' or 'unfounded.'" See S.C. Code Ann. § 63-7-920(A)(1) 

(2010); see also Jensen v. S.C. Dep't of Soc. Servs., 297 S.C. 323, 331–32, 377 

S.E.2d 102, 106–07 (Ct. App. 1988) (holding South Carolina Child Protection Act 

mandating "an 'appropriate and thorough' investigation," of an allegation of child 

abuse imposed a ministerial duty of care on county officials). Regarding 

investigations and case determinations, section 63-7-920(C) provides: 

The department or law enforcement, or both, may interview the child 

alleged to have been abused or neglected and any other child in the 

household during the investigation. The interviews may be conducted 

on school premises, at childcare facilities, at the child's home or at 

other suitable locations and in the discretion of the department or law 

enforcement, or both, may be conducted outside the presence of the 

parents. To the extent reasonably possible, the needs and interests of 

the child must be accommodated in making arrangements for 

interviews, including time, place, method of obtaining the child's 

presence, and conduct of the interview. The department or law 

enforcement, or both, shall provide notification of the interview to the 

parents as soon as reasonably possible during the investigation if 

notice will not jeopardize the safety of the child or the course of the 

investigation. All state, law enforcement, and community agencies 

providing child welfare intervention into a child's life should 

coordinate their services to minimize the number of interviews of the 

child to reduce potential emotional trauma to the child. 

In our view, the language of § 63-7-920(C) establishes the circuit court correctly 

found May failed to demonstrate a likelihood of success on the merits. However, 

we must also address May's arguments that (1) the probable cause standard for 

warrants issued under § 63-7-920(B) applies to interviews conducted pursuant to 

§ 63-7-920(C) and (2) the interviews here violated the Fourth Amendment. 

Section 63-7-920(B) provides: 

The department may file with the family court an affidavit and a 

petition to support issuance of a warrant at any time after receipt of a 

report. The family court must issue the warrant if the affidavit and 

petition establish probable cause to believe the child is an abused or 

neglected child and that the investigation cannot be completed without 

issuance of the warrant. The warrant may authorize the department to 

interview the child, to inspect the condition of the child, to inspect the 
 

 

 

 

 

 

 

 

 

 

premises where the child may be located or may reside, and to obtain 

copies of medical, school, or other records concerning the child. 

May's assertion that the probable cause standard for warrants issued under 

subsection (B) applies to interviews conducted under subsection (C) is foreclosed 

by the plain language of subsection (C), pursuant to which DSS conducted the 

in-school interviews of the May children. While subsection (B) does contain a 

warrant provision, its terms apply only when "the investigation cannot be 

completed without issuance of the warrant." § 63-7-920(B). Among other things, 

subsection (B) authorizes DSS to inspect the premises where an abused or 

neglected child may be located or may reside. Id. In other words, DSS may seek a 

warrant when other authorized means, such as in-school interviews, are 

unavailable.9 Moreover, subsection (C) states DSS "may interview the child 

alleged to have been abused or neglected and any other child in the household 

during the investigation" and such interviews "may be conducted on school 

premises, at childcare facilities, at the child's home or at other suitable locations 

and in the discretion of the department or law enforcement, or both, may be 

conducted outside the presence of the parents." § 63-7-920(C). 

In her appellate brief, May arguably concedes subsection (B) is inapplicable to 

in-school interviews conducted under subsection (C) by stating "schools are often 

the only places SCDSS and/or law enforcement may have contact with a child 

without the undue influence of an abusive or neglectful caregiver." In either case, 

we find the plain language of subsection (C) permits DSS to interview children at 

school and—in the discretion of DSS or law enforcement—such interviews may be 

conducted "outside the presence of the parents." § 63-7-920(C).

10 

With respect to May's Fourth Amendment argument, "[i]n determining whether a 

search and seizure is reasonable, we must balance the government's need to search 

with the invasion endured by the plaintiff." Wildauer v. Frederick County, 993 

F.2d 369, 372 (4th Cir. 1993); see also, State v. Houey, 375 S.C. 106, 111, 651 

9 In practice, and as referenced by May's counsel at trial, such warrants are referred 

to as "inspection warrants." 

10 This might be a different case had the governmental defendants even arguably 

abused their statutory discretion in investigating the actions May reported at her 

initial meeting with the School District. There simply are no facts here to support 

such a claim. 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S.E.2d 314, 316–17 (2007) (finding "the State's need to search must be balanced 

against the invasion occasioned by the search, and the search will be reasonable if 

the State's interest outweighs the interest of the individual" in cases involving the 

"health and safety of victims."). Like the circuit court, we have found no case in 

which our supreme court has determined a social worker's warrantless in-school 

interview of a child for purposes of a statutorily mandated investigation following 

a report of abuse or neglect violates the Fourth Amendment. 

In sum, May failed to show either that DSS acted unreasonably by interviewing her 

children at school or that the School District unreasonably permitted the in-school 

interviews expressly authorized by statute.

11 Based on the largely undisputed 

testimony, we agree with the circuit court that the interviews here were reasonable 

in inception and scope following May's own report of sexual abuse; her subsequent 

refusal to allow DSS to interview the children in their home necessitated that they 

be interviewed at school. And, May admits legitimate circumstances may exist in 

some cases for DSS to interview a child at school without a court order or a 

warrant. Concessions aside, we find § 63-7-920(C) expressly authorizes DSS to 

interview children at school without a warrant when conducting an investigation 

mandated by § 63-7-920(A)(1). Additionally, we find meritless May's claim that 

the either the School District or DSS unreasonably "seized" her children, or 

otherwise violated their constitutional rights by calling them from class and asking 

limited, basic questions for a short period of time. In light of the state's significant 

interest in interviewing the children following May's report, the circuit court 

properly found the in-school interviews did not violate the family's constitutional 

rights. It follows that the circuit court correctly denied May's request for injunctive 

relief in light of her inability to show a likelihood of success on the merits. 

III. Adequate Remedy at Law 

May next argues the circuit court erred in finding she would have an adequate 

remedy at law to address any harm she or the children might suffer from future 

"interrogations." Again, we disagree. 

Although May was required to offer evidence demonstrating that at some point in 

the future, DSS is likely to again interview her children at school in direct 

11 Although May's appellate brief cites several cases containing broad statements of 

general legal principles, she fails to cite any case actually finding the kind of 

interviews DSS conducted here might violate a child's (or parent's) Fourth 

Amendment rights. 
 

 

 

 

 

 

 

 

 

 

 

 

 

contravention of her wishes, she failed to do so. While it is always possible that 

future events could lead to another DSS investigation, it is speculative to assume 

such will actually take place. In the event another DSS investigation does take 

place, May agreed she would "not [be] opposed to DSS interviewing the children 

that may be subject to a report of abuse and neglect. . . ." Nor would she object to 

additional interviews in a case "still in the investigation period." However, May 

would object to interviews conducted after the conclusion of an investigation 

resulting in an indication. 

We find May has failed to establish the lack of an adequate remedy at law to 

address future harm that might result from subsequent DSS interviews. May's 

decision to forgo a state law damages claim and pursue only injunctive relief does 

not render the remedy at law inadequate for a case that might merit relief. Here, 

the circuit court properly found May failed to show she lacked an adequate remedy 

at law for harm that might result from "future interrogations." 

Conclusion 

Certainly, there may be—and have been—situations in which state actors 

overreach or otherwise act in a manner requiring constitutional scrutiny. There 

may be—and have been—cases in which the actions of DSS caseworkers or other 

agents or employees rise to the level necessary for injunctive relief in the 

constitutional context. This is not such a case. For these reasons, the circuit 

court's order denying injunctive relief is 

AFFIRMED.12 

THOMAS and HEWITT, JJ., concur. 

12 As our findings here are dispositive, we decline to address Respondents' 

additional sustaining grounds. See Futch v. McAllister Towing of Georgetown, 

Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (declining to address 

remaining issues when a prior issue was dispositive).