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
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
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