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.

Father A, Mother, Father B, and Child 1  05/09/92,  and Child 2  06/05/93, Defendants,

of whom Mother is Appellant.

Appeal From Berkeley County
 F. P. Segars-Andrews, Family Court Judge

Unpublished Opinion 2007-UP-431
Submitted October 1, 2007 – Filed October 9, 2007

AFFIRMED

James K. Holmes, of Charleston, for Appellant.

Paul C. White, of Moncks Corner, for Respondent.

PER CURIAM:  Mother appeals the termination of her parental rights (TPR) to her two minor children.    We affirm.[1] 

FACTS AND PROCEDURAL HISTORY

On November 24, 1999, the two minor children were placed in protective custody based on allegations that Mother posed a threat of harm to the minor children.  Father A, Mother’s husband and the father of one of the minor children, had been accused of sexually molesting two other children.  After a hearing on November 29, 1999, the family court found the Department of Social Services (DSS) had probable cause to assume protective custody of the children; however, the court returned legal and physical custody to Mother because Father A had removed himself from the home. 

The merits hearing was rescheduled three times and finally heard on June 1, 2001.  At the hearing, the family court found Mother posed a risk of harm to the minor children, but allowed her to retain custody subject to a restraining order that Father A not be left alone with the children.  Both Mother and Father A were ordered to attend individual and family counseling. 

DSS commenced another removal case on August 16, 2001, alleging that, on August 11, 2001, Father A attempted to sexually abuse a visiting niece when he was left alone with the children in violation of the restraining order.  The family court issued an order placing the minor children in protective custody.  The merits hearing on the second removal action was scheduled for September 17, 2001, but was continued because insufficient time had been scheduled for a contested hearing.  The hearing was continued again on February 27, 2002, for the same reason.  On April 4, 2002, the family court ordered the case to be immediately set for a two-day trial.  When no hearing was scheduled, Mother filed a motion to dismiss.  A hearing on that motion was not scheduled, and Mother filed a second motion, requesting an expedited hearing on her motion to dismiss.  A hearing on Mother’s motion was held on April 24, 2003.  By order dated May 21, 2003, and filed May 28, 2003, the family court n