No. 25-6792

Daniel Smalls v. South Carolina Department of Social Services, et al.

Lower Court: South Carolina
Docketed: 2026-02-12
Status: Pending
Type: IFP
Response WaivedIFP
Tags: child-support due-process fourteenth-amendment jurisdiction paternity personal-service
Latest Conference: 2026-04-17
Question Presented (from Petition)

1. Whether the Fourteenth Amendment's Due Process Clause permits a state court to assert jurisdiction and impose child support obligations on a nonresident absent personal service of process.

2. Whether due process is violated when a state court lacking jurisdiction establishes paternity and imposes lifelong parental obligations based solely on uncorroborated testimony and an adverse inference from refusal to submit to DNA testing, in conflict with other state courts requiring competent evidence of parentage.

3. Whether removal of a litigant from the courtroom while raising jurisdictional objections violates the constitutional right to be heard and constitutes structural error requiring reversal.

Question Presented (AI Summary)

Whether the Fourteenth Amendment's Due Process Clause permits a state court to assert jurisdiction and impose child support obligations on a nonresident absent personal service of process, and whether due process is violated when a state court lacking jurisdiction establishes paternity based solely on uncorroborated testimony

Docket Entries

2026-03-26
DISTRIBUTED for Conference of 4/17/2026.
2026-03-25
Waiver of SC Dept. of Social Services, et al. of right to respond submitted.
2026-03-25
Waiver of right of respondents SC Dept. of Social Services to respond filed.
2025-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2026)

Attorneys

Daniel Smalls
Daniel Smalls — Petitioner
SC Dept. of Social Services, et al.
Harry Olander Shaw IIISCDSS Child Support Services Division, Respondent