E.G. and J.J. v. SCDSS

Syllabus

The sole question we address in this appeal is whether the provision in subsection 63-9-780(C) of the South Carolina Code (2010) requiring that \All files and records pertaining to the adoption proceedings in the State Department of Social Services . . . are confidential and must be withheld from inspection except upon court order for good cause shown\ insulates those files and records from discovery in a civil action. The answer is \No.\ Categorically, if any such files or records meet the criteria for civil discovery under Rules 26 to 37 of the South Carolina Rules of Civil Procedure, then \good cause\ exists under section 63-9-780 as to those files or records. We have no concern that civil discovery of the files or records will jeopardize their confidentiality because the circuit or family court can and must preserve that confidentiality through the use of an appropriate protective order under Rule 26(c). We reverse the court of appeals' decision affirming the trial court's refusal to require disclosure of the documents.