recognizing and reporting child abuse and neglect

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