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Recognizing and Reporting
Child Abuse and Neglect
Taron Brown Davis, JD
Children’s Law Office
University of South Carolina
School 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 is
found
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: followup
 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 Street
Suite 502
Columbia, South Carolina 29208
(803)777-1646
http://childlaw.sc.edu

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Recognizing and reporting_child_abuse_and_neglect

  • 1. Recognizing and Reporting Child Abuse and Neglect Taron Brown Davis, JD Children’s Law Office University of South Carolina School of Law
  • 2. 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
  • 3. 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
  • 4. 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    
  • 5. Physical Injury (Physical Abuse)  Death  Permanent or temporary disfigurement  Impairment of any bodily organ or function
  • 6. Mental Injury  Injury to intellectual, emotional, psychological capacity or functioning  Existence of the impairment must be supported by expert opinion(in court)
  • 7. 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
  • 8. Sexual Abuse  If defined as a sexual offense according to the criminal laws of South Carolina
  • 9. Neglect  Failure to provide food, clothing, shelter, education, or medical care, though financially capable of doing so
  • 10. Abandonment  Willfully deserting or surrendering a child  And failing to make adequate arrangements for the child’s needs
  • 11. 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
  • 12. 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
  • 13. 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 is found
  • 14. 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
  • 15. 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
  • 16. 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
  • 17. 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)
  • 18. 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    
  • 19. 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
  • 20. 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
  • 21. 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
  • 22. 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
  • 23. Nuts and Bolts of Reporting: followup  Provide additional information  Be available to testify  Participate in multidisciplinary teams to make recommendations for the child
  • 24. Processing the Report Within the Child Welfare System      Emergency Protective Custody Intake and Investigation Case Determinations In-home treatment Cases Family Court Cases
  • 25. Emergency Protective Custody  Sometimes when abuse or neglect is reported it results in the child being taken into emergency protective custody (EPC)
  • 26. 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
  • 27. 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
  • 28. Intake and Investigation  DSS may accept a report or decline investigating a report  However, DSS keeps a record of all reports
  • 29. 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
  • 30. 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
  • 31. Case Determination  DSS has 45 days to complete the investigation  Will determine whether the report should be indicated or unfounded
  • 32. Indicated Report  DSS believes that a preponderance of evidence supports a finding of abuse or neglect
  • 33. Unfounded Report  DSS does not believe there is a preponderance of evidence to support a finding of abuse or neglect
  • 34. In-home Treatment Cases  DSS may, in its discretion, offer services to a family without court involvement
  • 35. Family Court Cases  Two Categories - Intervention - Removal
  • 36. 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
  • 37. 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
  • 38. 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
  • 39. 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
  • 40. Children’s Law Office 1600 Hampton Street Suite 502 Columbia, South Carolina 29208 (803)777-1646 http://childlaw.sc.edu