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The county Department of Social Services (DSS) has the statutory responsibility to screen reports and to intervene in situations meeting the legal definitions of:
• Abuse
• Neglect, and/or
• Dependency.
Screening in child protective services is the action of receiving reports of abuse, neglect, or dependency and, through the process of gathering preliminary information from the reporter, determining what further action is required. A critical part of the screening process involves knowing the statutory definitions of child abuse, neglect, dependency and caretaker. The agency has the authority to intervene only when the allegation, if true, would meet legal definitions.
1.) Definitions (N.C.G.S. §7B-101)
The North Carolina Juvenile Code sets forth the following definitions:
Abused Juveniles - Any juvenile less than 18 years of age whose parent, guardian, custodian, or caretaker:
(a.) Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means;
(b.) Creates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means;
(c.) Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior; or
(d.) Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile; first degree rape, as provided in G.S. 14-27.2; second degree rape as provided in G.S. 14-27.3; first degree sexual offense, as provided in G.S. 14-27.4; second degree sexual offense, as provided in G.S. 14-27.5; sexual act by a custodian, as provided in G.S. 14-27.7; crime against nature, as provided in G.S. 14-177; incest, as provided in G.S. 14-178 and 14-179; preparation of obscene photographs, slides or motion pictures of the juvenile, as provided in G.S. 14-190.5; employing or permitting the juvenile to assist in a violation of the obscenity laws as provided in G.S. 14-190.6; dissemination of obscene material to the juvenile as provided in G.S. 14-190.7 and G.S. 14-190.8; displaying or disseminating material harmful to the juvenile as provided in G.S. 14-190.14 and G.S. 14-190.15; first and second degree sexual exploitation of the juvenile as provided in G.S. 14-190.16 and G.S. 14-190.17; promoting the prostitution of the juvenile as provided in G.S. 14-190.18; and taking indecent liberties with the juvenile, as provided in G.S. 14-202.1, regardless of the age of the parties; or
(e.) Creates or allows to be created serious emotional damage to the juvenile. Serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal or aggressive behavior toward himself or others; or
(f.) Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile.
Neglected Juvenile - A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care; or who is not provided necessary remedial care; or who lives in an environment injurious to the juvenile's welfare; or who has been placed for care or adoption in violation of law. In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has died as a result of abuse or neglect or lives in a home where another juvenile has died as a result of suspected abuse or neglect or lives in a home where another juvenile has been subjected to abuse or by an adult who regularly lives in the home.
Dependent Juvenile - A juvenile in need of assistance or placement because he has no parent, guardian, or custodian responsible for the juvenile's care or supervision or whose parent, guardian, or custodian, is unable to provide for the care or supervision and lacks an appropriate alternative child care arrangement.
Juvenile - Any person who has not reached the person's eighteenth birthday and is not married, emancipated, or a member of the armed forces of the United States.
Caretaker - Any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a juvenile in a residential setting. A person responsible for a juvenile's health and welfare means a stepparent, foster parent, an adult member of the juvenile's household, an adult relative entrusted with the juvenile's care, or any person such as a house parent or cottage parent who has primary responsibility for supervising a juvenile's health and welfare 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. 'Caretaker' also means any person who has the responsibility for the care of a juvenile in a child care facility as defined in Article 7 of Chapter 110 of the General Statutes and includes any person who has the approval of the care provider to assume responsibility for the juveniles under the care of the care provider. Nothing in this subdivision shall be construed to impose a legal duty of support under Chapter 50 or Chapter 110 of the General statutes. The duty imposed upon a caretaker as defined in this subdivision shall be for the purpose of this Subchapter only.
NOTE: Because the statute is specific to include certain relationships (such as stepparents) that meet this definition, these relationships should be liberally construed and inclusive of persons connected by blood as well as by marriage. Thus, it is the position of both the North Carolina Division of Social Services and our child welfare attorneys that extended step-relatives such as step-grandparents, step-aunts, step-uncles, and step-cousins entrusted with responsibility for the health and welfare of the child should be considered caretakers. Therefore, when reports are made alleging child maltreatment that meet the statutory definition of abuse, neglect and dependency and include information that an extended step-relative acted in the capacity as caregiver, county departments of social services should accept these reports for assessment.
Conversely, because the statute does not include persons in a special relationship with the primary parent, guardian, custodian or caretaker (such as a boyfriend, girlfriend, or babysitter not meeting the definition of child care provider) and who live outside of the child’s residence, these relationships should be narrowly construed and exclusive to only mean those adult members of the juvenile’s household. Therefore, when reports are made alleging child maltreatment against a primary parent, guardian, custodian or caretaker’s friend or acquaintance who resides outside of the child’s home, county departments of social services should not accept these reports for assessment but may, instead, refer these cases to local law enforcement if appropriate.
Safe Home: A home in which the juvenile is not at substantial risk of physical or emotional abuse or neglect.
1.) All CPS reports are to be documented:
(a.) in writing, in a structured format, and
(b.) at the time the report is received.
Strengths-Based, Structured Intake is one of the seven strategies of the Multiple Response System (MRS). Recognizing strengths and partnering with families from initial contact is an important aspect of this approach. Obtaining information regarding culture allows DSS to provide family-centered services and gives valuable information about the family. There is a rapidly growing Asian and Hispanic/Latino population in North Carolina and being able to respond in a culturally respectful manner is important. The CPS Structured Intake Report tool, DSS-1402 addresses all of the requirements for capturing information to be collected at intake. The form can be formatted to make it more user friendly for an individual county, but all questions that are currently on the tool must be asked during intake. If there is other information that a county DSS feels would be helpful, such as what services the family is receiving in the county, it may be added.
N.C.G.S. §7B-301 requires that the person making the report give the person's name, address, and telephone number. However, refusal of the person making the report to identify himself does not relieve DSS’s responsibility for conducting a CPS assessment. The identity of the person making the report and all information obtained during a CPS assessment must be held in the strictest confidence by DSS, except that it can be released to law enforcement when they are assisting with the CPS assessment. This statute does not grant or even mention a right for the reporter to remain anonymous. See Children’s Services Manual, Volume 1, Section 1428 for further information on confidentiality.
DSS often needs to get back with a reporter to clarify or follow up on other issues, so anonymous calls should be discouraged as much as possible while letting the reporter know of the requirement that we keep their identity confidential, unless a court orders otherwise. If a county DSS has “Caller Identification,” the staff should make any caller aware that they have this information, especially if the identifying information the caller is giving is different from the information on the “Caller Identification.” If DSS knows the identity of the reporter, that information should be recorded on the Structured Intake Report tool, even if the caller wishes to remain anonymous. In that case, the fact that the caller wants to remain anonymous should be noted as well.
2.) Reports received for CPS Assessment
All CPS reports require:
(a.) two party review of the intake decision;
(b.) that one of the parties be in a management position, and all persons participating in the intake decision must sign the intake tool;
(c.) a written notice to the reporter, unless waived or anonymous, within 5 business days after receipt of the report.
The notice shall include:
(a.) a statement about whether the report was or was not accepted for CPS assessment;
(b.) information regarding the process by which the reporter may obtain a review of the agency’s decision not to accept the report for CPS assessment;
(c.) a statement about whether or not the report was referred to the appropriate state or local law enforcement agency;
(d.) information about referrals to outreach services or other agencies as appropriate, if the report was not accepted.
It is crucial that reports that are accepted for CPS assessment clearly invoke DSS’s statutory authority to provide child protective services. All persons participating in the screening decision must sign the intake report tool where indicated. Documentation in the case record must reflect the following:
(a.) notice to the person making the report was sent; or
(b.) the person making the report waived his right to notice; or
(c.) the person making the report refused to identify himself.
3.) Non-Caretaker Reports
When a report that is not accepted for CPS assessment includes information that a child may have been physically harmed in violation of any criminal statute by a non-caretaker, the agency shall:
(a.) give immediate verbal notifications to the District Attorney or his designee;
(b.) send subsequent written notification to the District Attorney within 48 hours;
(c.) give immediate verbal notification to the appropriate local law enforcement agency, and
(d.) send subsequent written notification to the appropriate local law enforcement agency within 48 hours.
In some cases, local law enforcement may be investigating the actions of the person who is reported to be directly responsible for the harm to the child while DSS assesses the parent or caretaker's behavior in contributing to the injury. Other situations are clearly the responsibility of law enforcement as far as investigation and court action are concerned.
Examples of situations in which a non-caretaker report to the District Attorney are to be made include: reports alleging assault on a child by educational personnel, unless the child is enrolled in a preschool or after school program operated by the school that is licensed by the Division of Child Development; reports alleging sexual molestation of a child by a stranger; and reports alleging maltreatment of a child by staff of an acute physical care hospital. These situations do not meet the current definition of caretaker and are inappropriate for child protective services intervention.
4.) Duty of the County Department of Social Services to Report Allegations of Child Abuse and Neglect in Child Care
N.C.G.S. §7B-307 requires that if the report received pursuant to N.C.G.S. §7B-301 involves abuse or neglect of a juvenile as defined by N.C.G.S §7B-101 in a child care facility, the Director shall notify the Abuse/Neglect Unit in the Division of Child Development (DCD) the day the report is accepted for an Investigative Assessment by calling the DCD’s abuse/neglect intake consultant. See Children’s Services Manual Volume 1, Chapter VIII, Section 1418 for further information.
If the director finds evidence that a juvenile has been sexually abused as defined by N.C.G.S. §7B-101 in a child care facility, s/he must notify not only the Child Abuse/Neglect Unit in the Division of Child Development, but also the State Bureau of Investigation.
N.C.G.S. §7B-301 states "Upon receipt of any report of child sexual abuse in a child care facility, the director shall notify the State Bureau of Investigation within 24 hours or on the next working day. If child sexual abuse in a day care facility or day care home is not alleged in the initial report, but during the course of the CPS assessment there is reason to suspect that child sexual abuse has occurred, the Director shall immediately notify the State Bureau of Investigation." A telephone call to the appropriate SBI district office fulfills this requirement. It is recommended that a follow-up written notice be sent to the SBI within three (3) business days after allegations of child sexual abuse are received. See Children’s Services Manual Volume 1, Chapter VIII, Section 1420 for further information.
5.) Reports involving a Child Who Lives in Another County/State
The agency may receive a report involving a child who resides in another county or state. The agency receiving the report shall take the information from the reporter and then screen the report for acceptance prior to the report being assigned to the county where the child lives so that a timely CPS assessment can be initiated. If the child lives in another state, the agency receiving the report shall take the information from the reporter and make the report to the appropriate CPS agency in that state. In the interest of providing maximum protection to children, reporting of suspected child abuse, neglect, or dependency should be made as convenient as possible for reporters. They should not be required to look up unfamiliar telephone numbers or to make long distance calls. They should be advised that their names will be provided to the agency where the CPS assessment will be conducted so that further information can be obtained, if necessary and the five day notice can be sent. When a protective services report involves a child living in a state other than North Carolina, the agency in the other state should be contacted with the information.
The agency may receive a report on a child that it knows resides in another county but is "found" in the county receiving the report. The county where the child is found should proceed with screening the report to determine if it meets the legal definition of abuse, neglect, and/or dependency and if so, initiate the CPS assessment as an assist to the child’s county of residence. It is the responsibility of the county where the child resides to complete the CPS assessment and make the case decision using the interview information from the county where the child was found. For example, a child is in a hospital outside their county of residence and at the time of intake it is known that the county of residence is not the county where the hospital is located, the county of residence is responsible for conducting the assessment while the county where the hospital is located will assist with the initiation of the assessment. If at any time, the county where the child is found believes the child is in immediate danger, a petition should be filed and a non-secure custody order obtained. At the time of the non-secure hearing, a request to transfer court jurisdiction to the county of residence should occur. See Children’s Services Manual, Volume I, Chapter V for further information regarding reports where multiple counties are involved.
The agency may receive a report on a child that resides in another state but is "found" in a county in North Carolina. The county should proceed with the screening process and if accepted, conduct a CPS assessment. The state where the child resides should be notified of your actions and if needed, the county should ask for assistance in completing the CPS assessment. The state where the child resides should be notified of the case decision. If it is necessary to take court action to protect the child who is a resident of another state, the county should do so. This should be done in consultation with your agency attorney. There are some legal issues regarding which state issued an order initially establishing custody such as in custody/divorce cases.
When a report is received on a child that resides in another state but is found in a county, and the intake decision was to not accept the report for CPS assessment, the other state should be notified of the report and the county's screening decision. That allows the resident state to make a screening decision based on their statutes and also gives them information for when the child returns to their state.
In some circumstances, the other state when contacted may not accept the county's report because the maltreatment occurred in North Carolina even though the child is a resident of their state and is "found" in that state now. In those circumstances, the NC county agency is advised to accept the report for CPS assessment and request the other state to provide assistance in interviewing the child. Jurisdictional barriers should not prevent a county from protecting children.
6.) Out-of State Requests to Provide Protective Services
When agencies receive requests from out-of-state agencies to provide protective services to children and their families who are now living in this state, it is necessary to initiate a new CPS assessment. In order to establish jurisdiction in North Carolina, the agency must assure that the allegations would have constituted abuse, neglect, or dependency according to the definitions set forth in N.C.G.S. §7B-101 had the maltreatment occurred in this state. This procedure is based on the fact that protective services policy and statutes vary among the states.
Once it has been determined that the allegations would have constituted abuse, neglect, or dependency under North Carolina law, the agency shall initiate a CPS assessment within the required time frames.
The agency’s assessment process must be objective and thorough. The fact-finding process, while initially focusing on the allegations contained in the referral from the other state, may reveal additional concerns regarding the safety of the child. The case decision must reflect assessment of all facts and evidence. This does not mean that steps taken in the other state must be redone. Information and records should be requested from the other state regarding their findings. It is appropriate to use information from the other state as long as all the requirements of an assessment are met and are documented in the case record in North Carolina. However, the agency must take those assessment steps that can be completed such as seeing the child, seeing the parent or caretaker with whom the child resides, visiting the home, etc., and the required notices and documentation shall be completed as in other CPS assessments.
This process is necessary in order to provide the legal basis for agency intervention with the family on an involuntary basis and to provide protection for the child. In every case, the agency should also consider whether voluntary services would be appropriate and accepted.
In addition to the decision-making process related to child protective services, the receiving county DSS staff will also want to assure that the child is not in North Carolina in violation of the Interstate Compact for the Placement of Children.
When the out-of-state agency indicates that court action involving custody of the child has already taken place, the receiving agency should also refer the matter to the Interstate Compact for the Placement of Children (ICPC) in the North Carolina Division of Social Services for review. The ICPC telephone number is (919) 733-9464. Such referrals should be made without delay in order to assure compliance with the Compact and the continuation of appropriate services to the family. See Children’s Services Manual, Volume I, Chapter XI for further information regarding ICPC.
7.) Reports Involving Out-of Home Care Providers
When a report is received alleging abuse, neglect, or dependency of a child by out-of-home care providers, and the allegations meet the definitions of abuse or neglect and the out-of-home care provider meets the definition of caretaker under N.C.G.S §7B-101, the county shall complete a CPS assessment.
While most aspects of CPS assessments are identical, there may be some differences. Additional requirements for specific types of CPS assessments are contained in the following sections:
• Reports involving a child care setting - See Section 1418
• Reports involving out-of-home living arrangements - See Chapter V
8.) Multiple Reports Involving the Same Child or Family
It is not unusual for a county DSS to receive information about a child from more than one reporter. Several reporters may call within hours of each other, especially in the early stages of screening or assessment. The agency may be well into completing a CPS assessment and may be contacted by a new reporter. If a report is received that describes the exact, same allegations and incidents that are currently being assessed, the information shall be documented in the case record.
If the report describes the exact, same allegations and incidents that are currently being assessed, the reporter may be told that the agency is taking steps to determine the circumstances of the child. It is not unusual to hear multiple versions of the same incident or circumstances. Since the agency is required to provide feedback to reporters, all individuals making reports shall receive a notice even though they may not have been the initial reporter.
Any new allegation and/or incident that meets the legal definitions of abuse, neglect or dependency received from the public during the course of an open CPS assessment (i.e., not uncovered by the social worker as a part of the CPS assessment) is to be documented and must be responded to within the legal time frames to assess the safety of the child. The new information is not counted as a separate report, but must be responded to within appropriate time frames to assess the safety of the child.
9.) Reports Involving Open CPS In-Home Services Cases
Any allegation and/or incident that meets the legal definitions of abuse, neglect or dependency received at any time during the course of a CPS In-Home Services case, shall be documented as a new report and the agency shall conduct a prompt and thorough CPS assessment.
Additional information no longer exists.
10.) Reports Involving Open Child Placement Cases
Any allegation and/or incident that meets the legal definitions of abuse, neglect or dependency received at any time during the course of Child Placement Services, shall be documented as a new report and the agency shall conduct a prompt and thorough CPS assessment.
It is not unusual to receive reports on children who are in foster care or receiving child placement services. For example if a child is home for a trial visit and the agency receives a report regarding this visit, it should be documented as a new report and the agency shall conduct a prompt and thorough CPS assessment.
11.) Reports Involving a Deceased Child Non-Residential/Residential Setting
The agency may receive a report that a child has died and there is suspicion that abuse, neglect, or dependency may have contributed to the fatality. When there are no other children living in the home, it is not appropriate for the DSS to be involved in the case, but the report shall be referred to law enforcement for investigation.
When there are other children in the home, the agency must focus its activities on the safety of the surviving children. N.C.G.S. §7B-302(b) states: " When a report of a juvenile's death as a result of suspected maltreatment or a report of suspected abuse, neglect, or dependency of a juvenile in a non-institutional setting is received the director of the department of social services shall immediately ascertain if other juveniles remain in the home, and, if so, initiate an assessment in order to determine whether they require protective services or whether immediate removal of the juveniles from the home is necessary for their protection.”
When a report of a juvenile's death as a result of maltreatment or a report of suspected abuse, neglect, or dependency of a juvenile in an institutional setting such as a residential child care facility or residential educational facility is received, the director of DSS shall immediately ascertain if other juveniles remain in the facility who are (or were) subject to the alleged perpetrator's care and supervision and, if so, assess the circumstances of those juveniles in order to determine whether they require protective services or whether immediate removal of those juveniles from the facility is necessary for their protection. Only children identified as victims must be subjects of the Investigative Assessment. However, other children in the institutional setting should be considered as victims if an assessment of the circumstances warrants the inclusion of those children in the Investigative Assessment.
12.) Reports Involving a Child who Lives in a Home Where a Child has Died or been Abused or Neglected
There are special considerations for reports involving a child who lives in a home where a child has died as a result of maltreatment or lives in a home where another child has been subjected to abuse or neglect. N.C.G.S. §7B-101(15) includes the following sentence in the definition of neglected juvenile: " In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has died as a result of suspected abuse or neglect or lives in a home where another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the home."
Relevance in this instance is a legal term that means that the court can find a child neglected on the basis that he or she was living with a victim child. N.C.G.S. §7B-302b requires that all children living in the home of the reported victim child must be assessed as alleged victim children. These laws support what has been good practice in CPS; i.e., the physical or sexual abuse of one child in a home by an adult resident of that home necessitates consideration as to whether other children have been neglected or subjected to physical, sexual or emotional abuse even without specific allegations involving them.
While the prior physical or sexual abuse or death from abuse or neglect of one child in a home does not automatically mean that other children in the home are at risk, it does create a reason to suspect that they may not be safe.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office.
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