SOUTH CAROLINA

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WHO:        ANY person MAY report – and is encouraged to do so – if s/he has reason to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse and neglect.  [Code Ann. § 63-7-310(D)]

These are mandatory (MUST report if the reporter is age 18 or more): • Physicians, nurses, dentists, optometrists, medical examiners, or coroners • Employees of county medical examiner’s or coroner’s offices • Any other medical, emergency medical services, mental health, or allied health professionals • Members of the clergy, including Christian Science practitioners or religious healers • Clerical or nonclerical religious counselors who charge for services • School teachers, counselors, principals, assistant principals, or school attendance officers • Social or public assistance workers, substance abuse treatment staff, or child care workers in a child care center or foster care facility • Foster parents • Police or law enforcement officers or juvenile justice workers • Undertakers, funeral home directors, or employees of a funeral home • Persons responsible for processing films or computer technicians • Judges • Volunteer non-attorney guardians ad litem serving on behalf of the South Carolina Guardian Ad Litem Program or on behalf of the Richland County Court-Appointed Special Advocates program.  [Ann. Code § 63-7-310(A),(F)]

·       NOTE: The mandate applies to information received in a professional capacity. This would cover information received outside of work, if it is in a professional capacity.

·       STANDARD:  [Code Ann. §§ 63-7-20(5); 63-7-310(A),(D)]  Child means under age 18, and includes a viable fetus.  [Whitner v. State, 492 S.E.2d 777 (1997)]

(1)      For mandatory reporters: in their professional capacity, receive information that gives them reason to believe that a child has been or may be abused or neglected.

(2)      For others: reason to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse and neglect.

·       PRIVILEGE:  (1) Only attorney-client and clergy-penitent privileges are exempt from reporting; clergy here include Christian Science practitioners and religious healers. (2) Clergy members are mandatory reporters for info received in other ways. (3) Husband-wife and professional-patient/client privileges do NOT apply. [Code Ann. § 63-7-420]

WHEN:      Timing for reports is not specified in the statutes that were reviewed. (1) DSS tells reporters to submit immediately. (2) a 2018 mandatory reporter guide says “as soon as possible”. (3) Supporting medical documentation must be sent to DSS as soon as reasonably possible after reporting. [p. 10 at https://dss.sc.gov/media/1903/dss-brochure-1955-jan-19.pdf; Code Ann. § 63-7-380)] 

WHERE & HOW:  Reports MAY be made orally by telephone or otherwise to (1) the county Department of Social Services (DSS) or (2) a law enforcement agency; either way in the county where the child resides or is found. BUT if a mandated reporter believes the abuse was committed by someone OTHER than a parent, guardian, or other person responsible for the child's welfare, the report MUST be to law enforcement (in the same county as otherwise)  [Code Ann. § 63-7-310(B),(E)]  Note below that DSS handles facility incidents differently.

·       In an emergency:                         Dial 911; report afterward

·       County DSS Offices:                     see directory at https://dss.sc.gov/contact/

·       Law Enforcement Agencies:        see directory at https://www.usacops.com/sc/

·       Reporting Child Abuse in Foster Homes, Group Homes, or Child Care Facilities:

o   Contact the Out of Home Abuse and Neglect Investigations unit (OHAN).

8:30 am – 5:00 pm: 1-803-898-7669;            After Hours: 1-800-645-9789 

24/7 toll-free helpline to be used by foster children:  1-800-645-9789

The children’s helpline is for children who have concerns or issues that cannot be resolved with their caseworker.

·       Reporter Guides:  https://dss.sc.gov/media/1903/dss-brochure-1955-jan-19.pdf

https://scsba.org/wp-content/uploads/2017/02/2017-ancon-handout-kaufman.pdf

·       Summary Sheet:

https://www.scstatehouse.gov/CommitteeInfo/HouseLegislativeOversightCommittee/Vulnerable%20Population%20Resource%20Guide.pdf

·       Death:  (1) A mandatory reporter who has reason to believe a child died as a result of abuse or neglect MUST inform the appropriate [i.e., county] medical examiner (ME) or coroner. (2) Any other person who has reason to believe it MAY report it to the appropriate ME or coroner.  [Code Ann. § 63-7-360]  Contact info may be found at https://www.sccounties.org/scac-publications/directory-county-officials by linking to the whole-state directory, and checking listings in its corresponding county section.

OTHER ASPECTS

·       OLD CASES: Adults who were abused as children MAY report it to law enforcement as a crime because it has no statute of limitations, but there is NO requirement for anyone to report it UNLESS: (a) the adult is mentally incompetent; (b) there is reason to believe that a child now under age 18 was or may be abused (by that perpetrator); or (c) there is another requirement to report.  [3 Op. S.C. Att’y Gen., 2014 WL 3352174 (S.C.A.G. June 30, 2014), cited at p. 6, https://dss.sc.gov/media/1903/dss-brochure-1955-jan-19.pdf]

·       INSTITUTIONS: Mandatory reporters MUST report personally as above, regardless of whether they are associated with an institution, school, facility, or agency that also requires internal reporting to the person in charge. [Code Ann. § 63-7-310(C)]

·       REPORT DETAILS: Reports may be anonymous, [Code Ann. § 63-7-2000(C)]  but (a) the reporter’s name and phone number are preferred. Reporters should also provide the following if possible: (b) the child’s name, age, date of birth, and address; (c) child’s present location; (d) names and ages of siblings; (e) parents’ names and addresses; and (f) why the reporter is concerned.  Upon reporting, or as soon as reasonably possible afterward, copies of all photos, negatives, and medical reports must be provided. If new or additional information is learned after the report, the reporter should report it to DSS or law enforcement.  [Code Ann. § 63-7-380; p. 10, Mandatory Reporter’s Guide, https://dss.sc.gov/media/1903/dss-brochure-1955-jan-19.pdf]

·       REPORTER PROTECTION: (1) Reports may be anonymous. [Code Ann. § 63-7-2000(C)]  (2) The reporter’s identity is kept confidential except for statutory exceptions such as by court order.  [Code Ann. § 63-7-330]  (3) Any reporter in good faith is immune from civil and criminal liability; good faith is presumed and the immunity extends to disclosure of facts supporting reason to believe.  [Code Ann. § 63-7-390]

WHY:        (1) Knowingly failing to make a mandated report or comply otherwise; or threats or attempts to intimidate a witness are misdemeanors punishable by < $500 fine and/or < 6 months imprisonment.  [Code Ann. § 63-7-410]  (2) A knowingly false report is a misdemeanor punishable by < $5,000 fine and/or < 90 days imprisonment; (3) ALSO a knowingly false report or a report made maliciously or in bad faith triggers civil liability to both (a) DSS (for costs of investigation and court) and (b) the report’s subject (for actual and punitive damages, attorney fees, and costs).  [Code Ann. §§ 63-7-430; 63-7-440]  (4) An employer who dismisses, demotes, suspends, disciplines or discriminates an employee for a mandated report in good faith is subject to a civil suit for reinstatement, back pay, and attorney fees, regardless of whether the employer is part of state government.  [Code Ann. § 63-7-315]

WHAT:      In South Carolina, child abuse, neglect and harm are aggregated and include physical or mental injury, sexual abuse, failure to supply (neglect); abandonment, delinquency, female genital mutilation, substantial risk to a child who will become part of the household, and trafficking in persons (which may be sex trafficking).  [Code Ann. § 63-7-20(6)]   

Initial Screening Criteria (DSS): (a) whether a report meets the state’s definition of child abuse and/or neglect; (b) whether a suspected perpetrator is the child’s parent, guardian, or other person responsible for his/her welfare (i.e., within DSS’s scope); (c) whether a child is in substantial, imminent danger; and (d) whether previous reports concerned the same child or subject.  [p. 6-7, https://dss.sc.gov/media/1903/dss-brochure-1955-jan-19.pdf; Code Ann. §§ 63-7-340; 63-7-350]

·        (Non-anonymous) reporters can be notified of the investigation’s outcome, if they request it at the time of reporting. [Code Ann. §§ 63-7-1990(F)]

Reportable: (a) a parent, guardian, or other person responsible for the child’s welfare, for physical or mental injury, sexual abuse, failure to supply (neglect); abandonment, delinquency, female genital mutilation, substantial risk to a child who will become part of the household, and trafficking in persons (which may be sex trafficking); or (b) anyone for trafficking in persons (which may be sex trafficking).

·        Person responsible for the child's welfare includes: (a) the parent, guardian, or foster parent; (b) an operator, employee, or caregiver, of a public or private residential home, institution, agency, or child care facility; or (c) an adult acting as a parent or guardian who does not necessarily have legal custody.  [Code Ann. § 63-7-20(18)]

o   CAREGIVER means a foster parent, kinship foster parent, or group home employee who makes decisions on behalf of a child in DSS custody, as to age-appropriate, etc. activities.  [Code Ann. § 63-7-20(4)]

o   BUT a PERSON RESPONSIBLE for the child's welfare does NOT include either: (a) a caregiver whose only contact with the child is incidental, such as a babysitter; or (b) a person who has only incidental contact, but may not be a caregiver and is not acting as a parent or guardian.  [Code Ann. § 63-7-20(18)]

o   NOTE: A child abuser who is not reportable (such as a babysitter) may still be reportable to police for a crime. But it wouldn’t require the protocols in this Digest.

Child Abuse or Neglect or Harm means: 

[Code Ann. § 63-7-20(6)]

(A)     The parent, guardian, or other person responsible for the child’s welfare does any of the following to the child:

                                 (1)     PHYSICAL or MENTAL INJURY: inflicts or allows, or has acts or omission that present a substantial risk of, of such injuries.

(a)      Physical Injury means: (a) death; (b) permanent or temporary disfigurement; or (c) impairment of any bodily organ or function.  [Code Ann. § 63-7-20(20)]

(b)      Mental Injury means injury to a child’s (a) intellectual, emotional, or psychological capacity or function, (b) evidenced by discernible, substantial impairment of ability, and (c) diagnosed by a mental health professional or medical professional.  [Code Ann. § 63-7-20(16)]

(c)      This includes injury by excessive corporal punishment, but does NOT include corporal punishment or physical discipline that: (i) is by a parent or someone in their place; (ii) is done solely to restrain or correct the child; (iii) is reasonable in manner and moderate in degree; (iv) has not permanently or lastingly damaged the child; and (v) is not reckless or grossly negligent.

(d)      Examples from DSS of physical abuse: hitting, kicking, choking, throwing (the child), pushing, or whipping. Potential effects: marks, cuts, burns, blisters, scratches, broken bones, sprains, dislocated joints, lifelong injury, or death. Possible signs: (a) any injury to a child who is not yet crawling; (b) visible injuries such as human bite marks, lacerations or abrasions, burns in the shape of an iron or grill or cigarette, immersion burns, and any other significant unexplained marks or bruises; (c) injuries at different stages of healing; (d) frequent unexplained absences from school [to allow healing]; (e) behaviors such as aggression, withdrawal, depression, or anxiety; or (f) violent themes in art or fantasy. 

(e)      Examples from DSS of emotional or psychological abuse that stunts a child’s emotional development or sense of self-worth: threats, rejection, dehumanizing language, ongoing criticism, shaming or humiliating, and isolation. Possible signs: (a) speech disorders; (b) lags in physical development, or failure to thrive; (c) hyperactivity and/or disruption; (c) isolation; (d) withdrawal; (e) significantly more attention to another sibling; (f) developmental delays; (g) phobias; (h) sleep disorders; (i) anxiety; (j) destructive or anti-social behaviors; or (k) suicidal thoughts or behaviors.

(f)       Exposure to domestic violence can be traumatizing even if the child is not struck. DSS provides an illustrative list of possible signs: (a) other signs of abuse; (b) withdrawn; (c) anxiety; (d) sleeplessness; (e) nightmares; (f) difficulty concentrating; (g) agitation; (h) anxiety about being separated from a parent; (i) intense worry about his/her own or a parent’s safety.

                                 (2)     SEXUAL ABUSE: commits or allows a [criminal] sexual offense against the child, or has acts or omissions that present a substantial risk of such offenses being committed against the child. 

(a)      Examples from DSS: fondling, exposure to explicit material, penetration, incest, rape, and indecent exposure. Possible signs: (a) difficulty walking or sitting; (b) torn, stained, or bloody underwear; (c) genital or anal pain, swelling, itching, bruises, bleeding, or lacerations; (d) pain in urination; (e) venereal disease; (f) withdrawn; or (h) sexual behavior unusual at that age or maturity level. 

(b)      Incest means opposite-sex carnal intercourse with: (a) a person or his/her spouse if the person is a: parent, grandparent, child, or grandchild; (b) a spouse’s parent, grandparent, child, or grandchild; (c) a brother or sister or his/her child; or (d) a parent’s brother or sister.  [Code Ann. § 16-15-20]

(c)      Context: the age of consent is 16. But, a person age 14, 15, 16, 17, or 18 may have consensual sex with another person in that age range (14-18). The acts include sexual or anal intercourse, cunnilingus, fellatio, or even slight non-medical intrusion into another’s genitals or anus by a body part or object. An underage exception exists between consenting spouses who live together.  [Code Ann. §§ 16-3-655(A)(2),(B)(2),(C); 16-3-651(h); 16-3-658]

                                 (3)     FAILS TO SUPPLY adequate food, clothing, shelter, legally required education (§ 59-1-65), age- and development-appropriate supervision, or health care, though financially able to do so or offered reasonable means for it, where the failure caused physical or mental injury or presents a substantial risk of it.

(a)      Absences from school are NOT abuse or neglect unless the school made efforts to obtain attendance and the parents refused to cooperate.

(b)      Adequate health care means any remedial health care permitted or authorized under state law, medical or not.

(c)      Illustrative possible signs, from DSS: (a) underweight, poor growth, and failure to thrive; (b) inappropriate dress, consistent hunger, and poor hygiene; (c) consistent lack of supervision; unattended physical and medical needs; (d) lack of proper medical or mental health services; (e) significantly high absence rate from school; and (f) abandonment.

                                 (4)     ABANDONS the child.

(a)      Abandonment means that a parent or guardian willfully either (i) deserts a child or (ii) surrenders physical possession without adequate arrangements for his/her needs or continuing care.  [Code Ann. § 63-7-20(1)]

(b)      Nuance: South Carolina allows parents to leave an infant in a “safe haven” such as a hospital, to transfer custody to the state. This is deemed abandonment and abuse or neglect for purposes of DSS [thus allowing the state to terminate parental rights], but it is not criminally prosecuted if an infant no more than 60 days old is left with a staff member at the haven by the parent or at the parent’s direction.  [Code Ann. § 63-7-40(A),(F),(G)]

                                 (5)     DELINQUENCY: encourages, condones, or approves the child’s delinquent acts, where such attitudes manifestly result in the child’s participation in sexual trafficking or exploitation, or other delinquency.

                                 (6)     FEMALE GENITAL MUTILATION (FGM): commits or allows FGM against the child, or has acts or omissions that present a substantial risk of it.

(a)      FGM or mutilation is: (a) partial or total removal of clitoris, prepuce, or labia minora, with or without excision of labia majora; or (b) narrowing the vaginal opening by creating a covering seal by cutting and repositioning inner or outer labia, with or without removal of clitoris.  [Code Ann. § 16-3-2210)]

                                 (7)      [REPEAT OFFENDERS:] The parent, guardian, or other person responsible for the child’s welfare has committed any of the abuse or neglect above [e.g., a sex offender], such that a child who subsequently becomes part of the household is at a SUBSTANTIAL RISK of receiving one of those forms of abuse or neglect.

(B)     Anyone makes the child a victim of trafficking in persons, e.g., sex trafficking.     

                                 (1)     IDENTIFYING such a child does NOT imply that the parent, guardian, or another person responsible for the child’s welfare abused, neglected or harmed the child.

                                 (2)     TRAFFICKING IN PERSONS is:  [Code Ann. §§ 16-3-2010(10) 16-3-2020(A)]

(a)     To actually or attempt to recruit, entice, solicit, isolate, harbor, transport, provide, of obtain a victim by any means, for purposes of sex trafficking, forced labor or services, involuntary servitude, or debt bondage; or

(b)     To benefit, financially or by receiving anything of value, from participation in a venture that engaged in such an act; or

(c)      To aid, abet, or conspire in such a crime; or

(d)     To knowingly give, agree to give or offer anything of value so anyone else may engage in commercial sexual activity with a victim of such trafficking.

                                 (3)     As to children, TRAFFICKING IN PERSONS means to (i) recruit, harbor, transport, provide, or obtain a person under age 18, (ii) where anything of value is given, promised, or received by another person whether directly or not, (iii) to engage the child for any of: criminal sexual conduct; sexual performance; producing, directing or promoting his/her sexual performance; sexual battery; or sexual conduct.  [Code Ann. § 16-3-2010(9)]

(a)      Criminal sexual conduct is sexual battery (or lewd or lascivious act) with force or coercion, or a victim is mentally defective, mentally incapacitated, physically helpless, or underage.  [Code Ann. § 16-3-651 et seq.)]

(b)      Sexual battery means sexual intercourse, cunnilingus, fellatio, anal intercourse, or even slight non-medical intrusion of a person’s body or any object into another’s genital or anal openings.  [Code Ann. § 16-3-651(h)]

(c)      Sexual performance means any performance or part of it that includes sexual conduct by a child under age 18.  [Code Ann. § 16-3-800(1)]

(d)     Sexual conduct means actual or simulated sexual intercourse, deviate sexual intercourse, bestiality, sado-masochistic abuse, or lewd exhibition of the genitals.  [Code Ann. § 16-3-800(2)]