NORTH CAROLINA

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WHO:        ALL persons MUST report if either: (a) they suspect that a juvenile under age 18 was the victim of a violent offense, sexual offense, or misdemeanor crime of abuse (see below); or (b) they have cause to suspect that any juvenile under age 18 is abused, neglected, or dependent, or died as the result of maltreatment.  [Gen. Stat. §§ 14-318.6(b); 7B-301(a)]      

Special Case (also MUST report): photo processors or computer technicians.  [Gen. Stat. § 66-67.4(b)]

·       STANDARD:  [Gen. Stat. §§ 7B-101(14); 7B-301(a); 14-318.6(a)(1); 14-318.2(a)]  Juvenile means under age 18 and neither married, nor emancipated, nor a member of the U.S. Armed Forces at the time of the abuse or offense.

(1)      For all reporters:

(a)     For reports to LAW ENFORCEMENT below: the reporter is at least age 18, and knows or reasonably should: (i) that a child under age 18 was or is the victim of a violent offense or sexual offense; or (ii) that a child under age 16 was the victim of misdemeanor child abuse, meaning that his/her parent or other person providing care or supervision, inflicts or allows non-accidental physical injury, or creates or allows creation of a substantial risk of it.

(b)     For reports to DSS below: cause to suspect that any juvenile under age 18 is abused, neglected, or dependent, or died as the result of maltreatment.

(2)      Also, for reports by photo processors & computer technicians to NCMEC or law enforcement: within the scope of employment, observes an image of a minor or a person who reasonably appears to be a minor engaging in sexual activity. Minor here means under age 18, and not married or judicially emancipated. Sexual activity is defined below.  [Gen. Stat. §§ 66-67.4(b); 14-190.13(3)]

·       PRIVILEGE: (a) For reports to LAW ENFORCEMENT: Professional-client privilege exempts reporting of that information for: (i) attorneys, (ii) licensed  psychologists, associates, and employees; (iii) licensed or certified social workers engaged in private social work services; (iv) licensed clinical mental health counselors; and (v) agents of rape crisis centers and domestic violence programs.  [Gen. Stat. § 14-318.6(h)]  (b) For reports to NCDSS:  Only information communicated under attorney-client privilege for a case of child abuse, neglect or dependency is grounds for not reporting for that case or for excluding evidence from a proceeding related to it.  [Gen. Stat. § 7B-310]

WHEN:      (a) For reports to law enforcement: IMMEDIATE.  [Gen. Stat. § 14-318.6(b)]  (b) For reports to NCDSS: The statutes and websites do not specify timing, but urgency is implicit (each DSS county director initiates assessment immediately for abandonment, within 24 hours for abuse, and within 72 hours for neglect or dependency). [Gen. Stat. § 7B-302(a)]

WHERE & HOW:  A case of both abuse / neglect / dependency and a crime may require reports to both local law enforcement and Dept. of Social Services (DSS) local county office.

In a child is in imminent danger:                    Dial 911

For reports of a felony or (violent offense, sexual offense) or misdemeanor abuse (physical abuse or risk of it):   Reports are oral or by phone to law enforcement in the county where the child resides or is found.  [Gen. Stat. § 14-318.6(b)]  A directory is at: https://www.usacops.com/nc/

Photo processors or computer techs: (a) report the film or photo requester’s name & address to law enforcement in the municipality or county where the item is submitted; or (b) report the computer/network/system’s possessor’s name & address to Cyber TipLine at the [FBI’s] National Center for Missing & Exploited Children (NCMEC): 1-800-843-5678 (1-800-THE-LOST; https://www.missingkids.org/gethelpnow/cybertipline). A worker may satisfy the requirement by reporting to his/her employer, who then must report by this protocol. [Gen. Stat. §§ 66-67.4(b),(c)]

For reports of child abuse, neglect, dependency or death: Reports are oral, by telephone, or in writing to the NC Dept. of Social Services (DSS) in the county where the child resides or is found.  [Gen. Stat. § 7B-301(a); 7B-302(b)]  A directory for county DSS offices is at the URL below (web designation CPS means Child Protective Services):

https://files.nc.gov/ncdhhs/documents/files/dss/directory2.pdf

If a DSS office is NOT reachable: dial 911 (for emergencies) or a local law enforcement agency; a directory is at: https://www.usacops.com/nc/

An extensive reporting reference for North Carolina is at:

https://www.sog.unc.edu/sites/www.sog.unc.edu/files/full_text_books/Mason_%20Reporting-Child-Abuse_complete.pdf

OTHER ASPECTS

·       REPORT DETAILS: Reports to DSS offices MUST contain, as known: (a) name and address of the juvenile; (b) name and address of the parent(s), guardian, or caretaker; (c) juvenile’s age; (d) names and ages of other juveniles in the home; (e) juvenile’s present whereabouts, if not home; (f) nature and extent of any injury or condition from abuse, neglect, or dependency; (g) Any other info the reporter believes might help establish the need for protective services or court intervention.  [Gen. Stat. § 7B-301(a)]  Reports to law enforcement MUST also contain as known: (h) the alleged perpetrator’s name, age, and address; (i) location of alleged offense; (j) names and ages of other juveniles present or in danger; (k) any other information that may help establish the need for law enforcement involvement.  [Gen. Stat. § 14-318.6]

·       REPORTER PROTECTION: (1) Reports (to DSS offices) that are oral or by phone, and reports to law enforcement, MUST include the reporter’s name, address, and phone number, though DSS may act even if a reporter refuses to identify him/herself.  [Gen. Stat. §§ 7B-301(a); 14-318.6(b)]  (2) The identity of reporters to DSS offices is held in strictest confidence, but may be disclosed to government agents with a need to know, or by court order, or to the juvenile (after age 18 or emancipation) or his/her guardian ad litem; the identity of reporters to law enforcement has the same strict confidentiality as for reporters on 911 calls.  [Gen. Stat. §§ 7B-302(a1); 14-318.6(e); 132-1.4(c)(4)]  (3) Any reporter to DSS offices in good faith is immune from civil and criminal liability; good faith is presumed.  [Gen. Stat. § 7B-309]  A film or photo processor or computer technician or employer or third party complying in good faith is also immune, with good faith presumed.  [Gen. Stat. § 66-67.4(d)]  

WHY:        Any person or institution who knowingly or wantonly either fails to report or prevents another from reporting, commits a class 1 misdemeanor, for mandated reports due to law enforcement or due to DSS.  [Gen. Stat. §§ 14-318.6(c); 7B-301(b)]  

WHAT:      In North Carolina, child abuse includes: (a) human trafficking, and depictions of minors in sexual activity; (b) violent crimes, sexual crimes, and misdemeanor (physical or physical risk) abuse; and (c) non-accidental physical injury and the risk of it, cruel or grossly inappropriate behavior modification, sexual abuse, emotional damage, encouraging delinquency, or trafficking / involuntary servitude / sexual servitude. Child neglect includes: human trafficking, non-provision of care, supervision, or discipline; abandonment; non-provision of medical or remedial care; injurious environment; unlawful placement for care or adoption; and unlawful transfer of custody. Child dependency is either: having no parent, guardian, or custodian; or they are unable to provide care or supervision.  [See items below]

Initial Screening Criteria (DSS): (a) whether the allegations, if true, would meet statutory definitions for abuse, neglect, dependency, and/or caretaker; (b) extent of abuse or neglect; (c) risk of harm to the juvenile; and (d) county of the juvenile’s legal residence.  [NC DSS Fam. Serv. Manual Vol. I, Chap. VIII (CPS), (II)(A); Gen. Stat. § 7B-302(a),(a2)]

Reportable:  [See items below]

(A)     To NCMEC or law enforcement by film & photo processors and computer technicians: anyone who files or possesses images of sexual activity by persons under age 18.

(B)     To police by any reporter: (a) anyone for violent offenses or sexual offenses; (b) a parent or other person who provides care or supervision for a child under age 16 for misdemeanor (physical or physical risk) abuses.

(C)    To DSS by any reporter: (a) anyone for human trafficking, involuntary servitude, or sexual servitude; (b) a parent, guardian, custodian, or caretaker for (i) ABUSE by non-accidental physical injury and the risk of it, cruel or grossly inappropriate behavior modification, sexual abuse, emotional damage, encouraging delinquency, or trafficking, etc.; or (ii) NEGLECT by non-provision of care or supervision or discipline, abandonment, non-provision of medical or remedial care, injurious environment, unlawful placement for care or adoption, and unlawful transfer of custody; or (c) a child for DEPENDENCY who has no living or able parent, guardian, or custodian, and lacks an appropriate alternative child care arrangement. 

(D)    Definitions:  [Gen. Stat. §§ 7B-101(3),(8)]  [Parent and guardian are undefined there.]

(1)     Custodian means a person or agency that has been awarded legal custody of a juvenile by a court.

(2)     Caretaker means anyone other than a parent, guardian, or custodian who has responsibility for the juvenile’s health and welfare in a residential setting.

(3)     Person responsible for a juvenile's health and welfare means a stepparent, foster parent, adult member of the household, adult relative entrusted with the juvenile's care, potential adoptive parent during a visit or trial placement, house parent or cottage parent in a residential child care facility or residential educational facility, or any employee or volunteer of a division, institution, or school operated by the Department of Health and Human Services.

Child Pornography: for images reportable by film & photo processors and computer technicians, sexual activity includes any of: (a) masturbation, whether alone, with another, or with an animal; (b) vaginal, anal, or oral intercourse, whether with another human or with an animal; (c) touching, in apparent stimulation or sexual abuse, of another person’s clothed or unclothed genitals, pubic area, or buttocks, or unclothed human female breasts; (d) an act or condition depicting torture, fettered or bound physical restraint, or flagellation of or by a person clad in undergarments or in a revealing or bizarre costume; (e) excretion [defecation or urination] (not including in possessed porn); (f) insertion of any non-penis body part into anyone’s anus or vagina except in a recognized medical procedure; or (g) lascivious exhibition of anyone’s genitals or pubic area.  [Gen. Stat. § 66-67.4(a)(4),(b); 14-190.13(g)]

For Reports to Police

(A)     Violent offenses inflict non-accidental serious bodily or serious physical injury. They also include any of attempt, solicitation, conspiracy, aiding, and abetting for the crime.  [Gen. Stat. §§ 14-318.6]

(1)     Serious bodily injury – injury that (a) creates a substantial risk of death; (b) causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ; or (c) results in prolonged hospitalization.  [Gen. Stat. §§ 14-318.4(d)(1)]

(2)     Serious physical injury – injury that causes great pain and suffering; it may include serious mental injury.  [Gen. Stat. §§ 14-318.4(d)(2)]

(B)     Sexual offense: Commits, permits, or encourages any of the following sexual offenses by, with, or upon the juvenile: (a) attempt at either a rape or asexual offense; (b) forcible rape; (c) intercourse when the other person has a mental disability or mental incapacitation or is physically helpless; (d)  statutory rape of a child under age 13 by an adult; (e) statutory rape of a child under age 13 by a person at least age 12 and at least 4 years older than the victim; (f) statutory rape of a child under age 16 by a non-spouse who is at least age 12 and at least 6 years older than the victim; (g) forcible sex facilitated by a weapon, injury, or helper; (h) forcible sex when the other person has a mental disability or mental incapacitation or is physically helpless; (i) sex with a child under age 13 by an adult; (j) sex with a child under age 13 by a person at least age 12 and at least 4 years older than the victim; (k) a sexual act with a child under age 16 by a non-spouse who is at least age 12 and at least 6 years older than the victim; (l) sexual activity by a substitute parent or custodian; (m) sexual activity by a school employee, contractor, or volunteer with a student at that school; (n) forcible sexual contact with a juvenile who has a mental disability or mental incapacitation or is physically helpless; (o) incest (carnal intercourse with the person's (i) grandparent or grandchild, (ii) parent or child or stepchild or legally adopted child, (iii) brother or sister of the half or whole blood, or (iv) uncle, aunt, nephew, or niece); (p) intentionally employing or permitting assistance by a minor under age 16 in a violation of obscenity laws; (q) indecent exposure by a person at least age 18 to someone under age 16; (r) sexual exploitation of a minor for a live performance, depiction of him/her in sexual activity, or permitting, facilitating, producing, or distributing it; (s) knowing possession of child porn; (t) promoting (compelling) prostitution of the minor; (u) taking indecent liberties with a child under age 16 if the other person is at least 5 years older; (v) solicitation by computer by a person at least age 16 believing the other person to be a child at least 5 years younger than him/herself and under age 16, to meet to commit an unlawful sexual act; or (w) taking indecent liberties with a student non-spouse; or (x) a person who is at least age 18 patronizing a prostitute who is a minor.

(C)     Misdemeanor crime of abuse: a parent or other person providing care or supervision for a child under age 16 inflicts or allows physical injury, or creates or allows creation of a substantial risk of non-accidental physical injury, to him/her. (This does not include lawful abandonment to the state of an infant under 7 days old.) [Gen. Stat. §§ 14-318.2(a),(c); 14-322.3]

Child Abuse: For purposes of reporting to DSS child abuse means that:

(A)     Anyone makes the juvenile a victim of human trafficking, meaning to willfully or recklessly cause him/her to be held in involuntary servitude or sexual servitude.  [Gen. Stat. §§ 7B-101(1)(i); 14-43.15; 14-43.11(a)(ii)]

(B)     A parent, guardian, custodian, or caretaker does any of the following to the juvenile:  [Gen. Stat. §§ 7B-101(1)(ii) and statutes cited therein]

(1)     Inflicts or allows a non-accidental serious PHYSICAL INJURY (for reference, another statute’s definitions are shown below);

(a)      Serious physical injury – injury that causes great pain and suffering; includes serious mental injury.  [Gen. Stat. §§ 14-318.4(d)(2)]

(b)      Serious bodily injury – (a) creates a substantial risk of death; (b) causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ; or (c) results in prolonged hospitalization.  [Gen. Stat. §§ 14-318.4(d)(1)]

(2)     Creates or allows to be created a SUBSTANTIAL RISK of a non-accidental serious physical injury;

(3)     Uses or allows to be used a (i) behavior modification (ii) procedure or device, that is (iii) CRUEL OR GROSSLY INAPPROPRIATE;

(4)     Commits, permits, or encourages any of the following SEXUAL OFFENSES by, with, or on the juvenile: (A) forcible rape; (B) intercourse when the partner has a mental disability, mental incapacitation or physical helplessness; (C)  statutory rape of a child under age 13 by an adult; (D) statutory rape of a child under age 13 by a person at least age 12 and at least 4 years older than the victim; (E) forcible sex facilitated by a weapon, injury, or helper; (F) forcible sex when the partner has a mental disability, mental incapacitation or physical helplessness; (G) sex with a child under age 13 by an adult; (H) sex with a child under age 13 by a person at least age 12 and at least 4 years older than the victim; (I) sexual activity by a substitute parent or custodian; (J) sexual activity by a school employee, contractor, or volunteer with a student at that school; (K) unlawful sale, surrender, or purchase of a minor (in human trafficking); (L) a crime against nature with a person or beast (oral or anal sex, analingus, or insertion of an object non-medically into a genital opening); (M) incest (carnal intercourse with the person's (i) grandparent or grandchild, (ii) parent or child or stepchild or legally adopted child, (iii) brother or sister of the half or whole blood, or (iv) uncle, aunt, nephew, or niece) (N) preparing obscene photos, slides, or motion pictures of the juvenile; (O) intentionally employing or permitting assistance by a minor under age 16 in a violation of obscenity laws; (P) knowingly disseminating obscene material to a minor under age 16 or under age 13; (Q) displaying or disseminating material harmful to minors, where it is visible to the public in a commercial establishment (as opposed to a school, museum, library, hospital, etc., for example) or someone a minor to see it without the parent’s or legal guardian’s consent; (R) sexual exploitation of a minor for a live performance, depiction of him/her in sexual activity, or permitting, facilitating, producing, or distributing it; (S) promoting (compelling) prostitution of the minor; or (T) taking indecent liberties with a child under age 16 by someone at least 5 years older.

(5)     Creates or allows serious emotional damage to the juvenile, evidenced by severe anxiety, depression, withdrawal, or aggression toward self or others;

(6)     Encourages, directs, or approves of the juvenile’s delinquent acts of moral turpitude [meaning, depravity].

(7)     Commits or allows human trafficking, involuntary servitude, or sexual servitude against the child.

CAVEATS for Sexual Abuse:

(A)     THE AGE OF CONSENT is 16. But there is no penalty if a child age 15 or less has (consensual) sex with a person who is no more than 4 years older.  [Gen. Stat. §§ 14-27.25; 14-27.30]

(B)     CONTEXT: INCEST is carnal intercourse with one’s: (a) grandparent or grandchild; (b) parent or child or stepchild or legally adopted child; (c) brother or sister of half or whole blood; or (d) uncle, aunt, nephew, or niece.  [Gen. Stat. § 14-178(a)]

Child Neglect: For reports to DSS, neglect means either:  [Gen. Stat. § 7B-101(15)]

(A)     ANYONE makes the juvenile a victim of human trafficking; or

(B)     THE CHILD’S PARENT, GUARDIAN, CUSTODIAN, OR CARETAKER does any of the following:

(1)     Does NOT provide proper care, supervision or discipline;

(2)     Abandons the child;

(3)     Does NOT provide medical care;

(4)     Does NOT provide remedial care;

(5)     Allows the child to live in an environment injurious to the child's welfare;

(6)     Unlawfully transfers the child (i.e., transfers physical custody to anyone other than a close relative or person with a substantial relationship to the child, without a court order or other legal authority);  [Gen. Stat. §§ 14-321.2(a)(1),(b)(4)]  or

(7)     Places the child for care or adoption in violation of law.

Note #1:   It is relevant if another juvenile: (a) died in that home from suspected abuse or neglect or (b) was abused or neglected by an adult who regularly lives there.

Note #2:   Serious neglect means that a parent, guardian, custodian, or caretaker is so reckless that it constitutes an unequivocal danger to the juvenile's health, welfare, or safety, though it is not abuse.  [Gen. Stat. § 7B-101(19a)]

Dependency: For purposes of reporting to DSS, dependency means that the child: (a) has NO parent, guardian, or custodian responsible for his/her care or supervision; or (b) the parent, guardian, or custodian is unable to provide for care or supervision and lacks an appropriate alternative child care arrangement.  [Gen. Stat. § 7B-101(9)]