Recognizing and Reporting Child Abuse and Neglect
Taron Brown Davis, JDChildren’s Law OfficeUniversity of South CarolinaSchool of Law
Mandatory Reporters Doctors Nurses Dentists Optometrists EMT’s Mental Health Allied Health Clergy Teachers Counselors Principals (and
assistants)
Social Workers Substance Abuse
Counselors Childcare Workers Foster Care Workers Police Undertakers (and staff) Funeral Directors (and
staff) Film Processors Computer Technicians Judges
Child Abuse and Neglect Defined
It is abuse or neglect when a child is injured by the intentional acts or omissions of an adult
DSS gets involved in child abuse and neglect cases that involve a parent or guardian as the perpetrator
Child Abuse and Neglect Defined
Physical or mental injury Excessive corporal punishment Sexual offenses Failure to supply food, clothing,
shelter, education, medical care Abandonment Encouraging delinquency Substantial risk of abuse or neglect
Physical Injury (Physical Abuse)
Death Permanent or temporary
disfigurement Impairment of any bodily organ or
function
Mental Injury
Injury to intellectual, emotional, psychological capacity or functioning
Existence of the impairment must be supported by expert opinion(in court)
Corporal Punishment Corporal punishment may be administered
as a method of discipline provided that it is:- administered by a parent or guardian- for the sole purpose of restraining or correcting the child- is reasonable in manner and moderate in degree- has not brought about permanent or lasting damage to the child- and is not reckless or grossly negligent
Sexual Abuse
If defined as a sexual offense according to the criminal laws of South Carolina
Neglect
Failure to provide food, clothing, shelter, education, or medical care, though financially capable of doing so
Abandonment
Willfully deserting or surrendering a child
And failing to make adequate arrangements for the child’s needs
When to Report Reason to believe:
- child’s physical or mental health or welfare- has been or may be adversely affected- by abuse or neglect
And this information is received in your professional capacity
Reason to Believe Law requires report to be made when there is “reason
to believe”
Does not require the reporter to have conclusive proof
Does not require proof beyond a reasonable doubt
Information must be such that a reasonable person would rely upon it, including hearsay
Where to Report To the county DSS office
or To law enforcement
or To the coroner(child death)
In the county where the child lives or isfound
Confidentiality DSS and law enforcement must keep the
identity of the reporter confidential
May share the name of the reporter with each other to further their investigations
Reporter may also be required to testify
Immunity from Liability
Reporters are immune from civil and criminal liability for reporting child abuse and neglect in good faith
Law presumes that child abuse and neglect reports are made in good faith
Failure to Report
A person who is required to report child abuse and neglect and who fails to do so has committed a crime
- punishable by $500 fine and/or 6 months imprisonment
Nuts and Bolts of Reporting
Reason to believe
Information received in your professional capacity
You must report(can no longer cause a report to be made)
Nuts and Bolts of Reporting: responding to the child
Listen attentively Do not probe for details Do not remove clothing Do not indicate disbelief, shock, or
anger Explain actions you will take Do not give false assurances
Nuts and Bolts of Reporting: making the report
As soon as possible Do not assume the role of CPS
investigator Do not wait for proof Providing name is preferred Follow organizational procedures You are individually required to report
Nuts and Bolts of Reporting: information sharing
Child’s name Age and date of birth Address Present location Names and ages of siblings Parents names and addresses Reasons for concerns Any known history of violence in the home
Nuts and Bolts of Reporting: documentation
Document the basis for your concern, including the physical and behavioral signs
Document the child’s statements to you, use the child’s words
Record the child’s demeanor Record the date and agency
individual to whom you spoke
Nuts and Bolts of Reporting: dealing with parents
It is best not to contact parents about your suspicions before making a report
Never accuse a parent of wrongdoing If necessary, explain that you are
legally responsible to report
Nuts and Bolts of Reporting: follow-up
Provide additional information Be available to testify Participate in multidisciplinary teams
to make recommendations for the child
Processing the Report Within the Child Welfare System
Emergency Protective Custody Intake and Investigation Case Determinations In-home treatment Cases Family Court Cases
Emergency Protective Custody
Sometimes when abuse or neglect is reported it results in the child being taken into emergency protective custody (EPC)
Standard for Taking Emergency Protective Custody
Child’s life, health, or physical safety must be in imminent and substantial danger as determined by a law enforcement officer or a judge
After EPC The law requires DSS to make an effort to
place the child with family or some other familiar environment (if appropriate)
Most children are placed in foster care or a shelter
There is a probable cause hearing within 72 hours of the EPC
Intake and Investigation
DSS may accept a report or decline investigating a report
However, DSS keeps a record of all reports
Investigation
Must commence within 24 hours of the agency accepting the report
DSS checks for previous reports DSS must report sexual abuse to law
enforcement within 24 hours Other violations of the criminal law
must be referred to law enforcement
Investigation
DSS notifies the parent or guardian May interview the child outside the
parent’s presence May inspect school, medical, or other
records Family preservation and reunification
when appropriate
Case Determination
DSS has 45 days to complete the investigation
Will determine whether the report should be indicated or unfounded
Indicated Report
DSS believes that a preponderance of evidence supports a finding of abuse or neglect
Unfounded Report
DSS does not believe there is a preponderance of evidence to support a finding of abuse or neglect
In-home Treatment Cases
DSS may, in its discretion, offer services to a family without court involvement
Family Court Cases
Two Categories
- Intervention- Removal
Intervention Cases
The family court orders the parents to cooperate with services
Child remains in the home
Case may periodically be reviewed by the court
Removal Cases The family court orders the parents to
cooperate with services
The child is removed from the parents’ home
Case will be reviewed periodically until the child is in a permanent home
May result in termination of parental rights
Central Registry of Child Abuse and Neglect
A perpetrator’s name must be entered if there is a finding of:
- physical abuse- sexual abuse- willful or reckless neglect
Final Thoughts about Mandatory Reporting
Must report if you have “reason to believe”
Do not worry about retaliation Presumption that reports are made in
good faith DSS and law enforcement must keep
your identity confidential
Children’s Law Office
1600 Hampton StreetSuite 502Columbia, South Carolina 29208
(803)777-1646http://childlaw.sc.edu
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