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A. Physical Injury Screening Tool Directions
B. Cruel/Grossly Inappropriate Behavior Modification Screening Tool Directions
C. Sexual Abuse Screening Tool Directions
E. Emotional Abuse Screening Tool Directions
F. Moral Turpitude Screening Tool Directions
G. Improper Care Screening Tool Directions
H. Improper Supervision Screening Tool Directions
I. Improper Discipline Screening Tool Directions
J. Abandonment Screening Tool Directions
K. Improper Medical and Remedial Care Screening Tool Directions
L. Injurious Environment Screening Tool Directions
M. Illegal Placement/Adoption Screening Tool Directions
N. Dependency Screening Tool Directions
The purpose of the screening tools is to determine which reports meet the legal definitions of abuse, neglect and dependency and to aid in achieving consistency in regards to the screening of CPS reports.
Which cases: |
The screening tools are to be utilized with every CPS report received in order to determine whether the allegations meet the legal definitions of abuse, neglect and dependency. If the information received meets the legal definitions; a CPS assessment is required. This includes telephone calls and all other means of referral, and includes information on new families and families already known to the agency; whether or not a case is open to CPS Assessments/Investigations, CPS In-Home Services or Child Placement Services. |
Who: |
Every staff member who has the responsibility for CPS intake. |
Decision: |
Screening tools determine whether the report should be accepted for CPS assessment. This is a joint decision made with the CPS Intake social worker and the supervisor. |
When: |
Screening tools are consulted immediately upon receipt of the report. |
Appropriate Consultation: |
Please refer to the definitions page for each screening tool. The tools correspond with the abuse, neglect and dependency statutes. The corresponding screening tools for abuse reports include: physical injury, cruel/grossly inappropriate behavior modification, sexual abuse, emotional abuse, and moral turpitude. The corresponding tools for neglect reports include: improper care, improper supervision, improper discipline, abandonment, improper medical/remedial care, injurious environment, and illegal placement/adoption. The directions provide case examples but are not all-inclusive. It is impossible to account for all incidences of child abuse, neglect and dependency. These tools are guidelines to assist in the decision making process. The social worker should consult each tool as it corresponds to the allegations. Every allegation made by the reporter requires an examination of the corresponding screening tool. It is likely that a reporter will allege maltreatment which requires an examination of multiple screening tools. It is crucial to evaluate each allegation based on the statutory definitions of abuse, neglect and dependency, and consulting the Maltreatment Screening Tools serves this purpose. |
For example: A reporter alleges that the parent/caretaker is feeding the child only fast food, the 10-year-old child received a spanking after an incident at school. The spanking did not injure the child. The reporter thinks the parent just doesn’t do a good job as a parent, the Mom is a single parent and the boy needs a father. In this situation refer to the improper care and inappropriate discipline screening tools. There is no information in this scenario which indicates the child is being neglected; therefore this report would not be accepted. The Intake social worker would note on the Intake Report that the improper care and inappropriate discipline screening tools were consulted. | |
A reporter alleges that his neighbor’s leave their 5-year-old child at home alone while they go shopping and that their home is filthy. He further describes the home as smelling like a garbage dump. He indicates that the parents allow animal feces to pile up on the floor along with never taking out the trash. He is concerned for this child’s immediate safety, as he believes the child is at home alone at this time. In this situation refer to the improper supervision and injurious environment screening tools and accept this report, as these allegations meet the definitions of neglect. The Intake social worker would complete the Structured Intake Report to reflect that the improper supervision and injurious environment screening tools were consulted. The Intake social worker would then consult the Neglect Response Priority Decision Tree in order to determine the required response time for these allegations. As indicated on the Neglect Response Priority Decision Tree, a child under the age of 6 who is unsupervised requires an immediate response. | |
Overrides: |
The decision trees are designed to guide decisions, not to replace social worker judgement. If, after consultation with a supervisor, it is agreed that appropriate completion of the tool leads to a decision that does not apply to a particular case due to unique circumstances not captured by the tool, or because critical information is unknown, the supervisor may approve an override. |
If the appropriate response is in doubt, the social worker should respond in the most protective way. |
Is the parent/caretaker causing serious non-accidental physical injury which creates a substantial risk of death, disfigurement, or impairment?
Fractures, subdural hematoma, dislocations, sprains, internal injuries, burns and inflicted injuries such as extensive welts, bruises, lacerations and abrasions would be indicative of abuse. The specific injuries listed are not intended to be an all-inclusive list, but are an indication of information that does warrant an Investigative Assessment. There may be instances where a child has bruises that do not rise to the level of abuse, but are considered improper discipline (refer to Improper Discipline Maltreatment Screening Tool), as well as situations where there may be bruising and there is no abuse or neglect. Physical abuse of a preschool aged child or a developmentally disabled child requires an immediate response.
Is the parent/caretaker causing the child to be at a substantial risk of serious non-accidental abuse or injury?
This refers to a situation when the parent/caretaker knows that the environment has a substantial risk for abuse and allows the child to remain in this environment. In situations where the child has unexplained injuries, and there is no clear perpetrator, these reports would be accepted, as the statute refers to “creates or allows to be created”.
Is the parent/caretaker using sadistic measures to modify the child’s behavior?
This would include the parent/caretaker purposely injuring the child and inflicting pain to modify behavior, such as cigarette burns and scalding water burns. Also included is any discipline that is designed to cause physical pain such as excessive physical exercise including: forcing a child to run laps, complete push-ups, carry heavy rocks, etc.
Is the parent/caretaker using extreme confinement measures to modify the child’s behavior?
Any type of activity the caretaker uses to severely confine or restrict the child, such as tying the child up with rope, duct tape, using a chain to keep the child in one place, and would also include locking the child up in any manner which threatens their safety. This is not referring to placing a child in time out or sending the child to their room for a short period of time.
Is the parent/caretaker using weapons to modify the child’s behavior?
Threatening and/or using a gun, knife or any inappropriate item used as a weapon as a means to correct the child’s behavior is cruel and grossly improper and is abusive. A paddle is not considered a weapon when used in the reasonable application of corporal punishment.
Is the parent/caretaker forcing the child to ingest harmful substance?
It is not appropriate to modify a child’s behavior through extreme measures which may result in injury or death. Forcing a child to ingest nonfood items is not appropriate. This includes having the child ingest any substance that would be harmful, such as: poisonous household/cleaning chemicals, an extreme amount of water, an extreme amount of hot sauce, hot peppers. Washing a child’s mouth out with soap is not considered an extreme measure, however the child’s age/cognitive abilities are relevant to whether this is improper discipline.
Is the parent/caretaker committing, permitting, or encouraging any sexual act with the child?
Sexual abuse is any incident of sexual contact involving a child that is inflicted or allowed to be inflicted by the parent/caretaker. Sexual abuse includes, but is not limited to the following: rape, intercourse, sodomy, fondling, oral sex, incest or sexual penetration: digital, penile or foreign objects.
Is the parent/caretaker committing, permitting, or encouraging the child to participate in the preparation and/or dissemination of obscene material?
The use of children in the production of obscene films, photographs, slides is sex abuse. The parent/caretaker encouraging the child to watch obscene material is sexual abuse.
Is the parent/caretaker displaying and/or disseminating obscene material to the child or encouraging the child to participate in a live sex act?
Any material that a reasonable person would consider obscene should not be shared with the child. The parent/caretaker is responsible for ensuring the child is not sexually exploited.
Is the parent/caretaker promoting the prostitution of the child?
This includes any action of the parent/caretaker to entice, force, encourage, supervise, support, advise or protect the prostitution activities of the child.
Is the parent/caretaker allowing sibling sexual activity to occur?
The parent/caretaker has knowledge that siblings are engaging in sexual activity and permits/encourages the continuation of this activity. Relevant to screening these types of reports is whether the parent is condoning this behavior. If the parent/caretaker was not aware of the behavior, an assessment of their supervision capabilities is needed. Allegations of sibling sexual activity without parental knowledge require completion of the Improper Supervision Maltreatment Screening Tool. These situations would be accepted for CPS assessment as a supervision concern.
Is the parent/caretaker permitting the child to engage in sexual activity?
The parent/caretaker has knowledge the child is engaging in sexual activity and permits/encourages the continuation of this activity. Relevant to screening these types of reports is whether the parent is condoning the behavior of a child under age 16 while the child is under their care and supervision. Reports alleging sexual activity between children under age 16 may provide cause to examine the supervision provided by their parent/caretakers. If it is clear at intake that the parent/caretaker responded in a protective manner, keeping the health and well-being needs of the child at the forefront, a CPS assessment is not required. It is important to get sufficient information at Intake regarding the behavior of the parent(s) as well as the behavior of the minor child(ren). When the parent has no knowledge of the child’s sexual activity, the child’s age, behaviors and developmental level impact whether a CPS assessment is required. If the only allegation in the report is that a child under the age of 16 is having sex without the parents’ knowledge or the child is pregnant, then these reports should not be accepted. The legal age of consent in North Carolina is age 16; therefore, consensual sexual activity of juveniles 16 and above is not, in and of itself, considered sexual abuse.
A report involving parental knowledge and permission of sexual activity of an incompetent juvenile requires a CPS assessment regardless of the age of the juvenile, as an incompetent juvenile is not able to consent. A parent providing condoms and/or birth control to their children is not, in and of itself, considered permitting or encouraging their child to engage in sexual activity. The provision of birth control is considered a preventive measure in order to maintain the juvenile's health, which is consistent with N.C.G.S. 90-21.5, Minor’s consent sufficient for certain medical health services.
The following situations would require a CPS assessment based on improper supervision:
• 15 yr. old engaging in risky sexual behavior (multiple partners, no protection) with parental knowledge and the absence of a protective response by the parent;
• A child displaying sexualized behaviors that are inconsistent with normal child development and the parent has not responded in a protective manner.
Normal Child Sexual Development |
Infancy (birth to one year) |
• Pair Bonding |
• Genital Play |
• Identification of gender |
Toddler/Early Childhood (2 to 5 years) |
• Toilet training |
• Genital play |
• Interpersonal games: family, marriage, doctor, store |
Latency (6 to 9 years) |
• Concrete interest in anatomic differences, pregnancy, birth • Private, occasional masturbation |
• Modesty about bodies |
• Increased secretive behavior among peers |
• Interest in socialization |
Preadolescence (10 to 12 years) |
• Adaptation to initial signs of puberty |
• Development of secondary sexual characteristics |
• Strong friendships and budding romances |
• Playful hitting or tickling among peers |
Once a child has reached the age of consent, age 16, consensual sexual activity is not a concern which rises to the level of sexual abuse or improper supervision.
If a parent, guardian custodian or caretaker commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile, then that adult has sexually abused the child. The information contained within this statute delineates specific sex abuse crimes. The intake social worker must refer to this information when screening sexual abuse reports.
§ 14-27.2. First-degree rape
(a) A person is guilty of rape in the first degree if the person engages in vaginal intercourse:
(1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2) With another person by force and against the will of the other person, and:
a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the victim or another person; or
c. The person commits the offense aided and abetted by one or more other persons.
§ 14-27.3. Second-degree rape
(a) A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person:
(1) By force and against the will of the other person; or
(2) Who is mentally defective, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally defective, mentally incapacitated, or physically helpless.
§ 14-27.4. First-degree sexual offense
(a) A person is guilty of a sexual offense in the first degree if the person engages in a sexual act:
(1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2) With another person by force and against the will of the other person, and:
a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the victim or another person; or
c. The person commits the offense aided and abetted by one or more other persons.
§ 14-27.5. Second-degree sexual offense
(a) A person is guilty of a sexual offense in the second degree if the person engages in a sexual act with another person:
(1) By force and against the will of the other person; or
(2) Who is mentally defective, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally defective, mentally incapacitated, or physically helpless.
§ 14-27.7. Intercourse and sexual offenses with certain victims; consent no defense [sexual act by a custodian]
(a) If a defendant who has assumed the position of a parent in the home of a minor victim engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, or if a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class E felony. Consent is not a defense to a charge under this section.
§ 14-177. Crime against nature
If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.
§ 14-178. Incest between certain near relatives
The parties shall be guilty of a felony in all cases of carnal intercourse between (i) grandparent and grandchild, (ii) parent and child or stepchild or legally adopted child, or (iii) brother and sister of the half or whole blood. Every such offense is punishable as a Class F felony.
§ 14-179. Incest between uncle and niece and nephew and aunt
In all cases of carnal intercourse between uncle and niece, and nephew and aunt, the parties shall be guilty of a Class 1 misdemeanor.
§ 14-190.5. Preparation of obscene photographs, slides and motion pictures
Every person who knowingly:
(1) Photographs himself or any other person, for purposes of preparing an obscene film, photograph, negative, slide or motion picture for the purpose of dissemination; or
(2) Models, poses, acts, or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for the purpose of dissemination, shall be guilty of a Class 1 misdemeanor.
§ 14-190.6. Employing or permitting minor to assist in offense under Article
Every person 18 years of age or older who intentionally, in any manner, hires, employs, uses or permits any minor under the age of 16 years to do or assist in doing any act or thing constituting an offense under this Article and involving any material, act or thing he knows or reasonably should know to be obscene within the meaning of G.S. 14-190.1, shall be guilty of a Class I felony.
§ 14-190.7. Dissemination to minors under the age of 16 years
Every person 18 years of age or older who knowingly disseminates to any minor under the age of 16 years any material which he knows or reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be guilty of a Class I felony.
§ 14-190.8. Dissemination to minors under the age of 13 years
Every person 18 years of age or older who knowingly disseminates to any minor under the age of 13 years any material which he knows or reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be punished as a Class I felon.
§ 14-190.14. Displaying material harmful to minors
[Stores need to keep any pornography for sale under wraps so kids can’t get to it.]
§ 14-190.15. Disseminating harmful material to minors; exhibiting harmful performances to minors
(a) Disseminating Harmful Material. -- A person commits the offense of disseminating harmful material to minors if, with or without consideration and knowing the character or content of the material, he:
(1) Sells, furnishes, presents, or distributes to a minor material that is harmful to minors; or
(2) Allows a minor to review or peruse material that is harmful to minors.
(b) Exhibiting Harmful Performance. -- A person commits the offense of exhibiting a harmful performance to a minor if, with or without consideration and knowing the character or content of the performance, he allows a minor to view a live performance that is harmful to minors.
(c) Defenses. -- Except as provided in subdivision (3), a mistake of age is not a defense to a prosecution under this section. It is an affirmative defense to a prosecution under this section that:
(1) The defendant was a parent or legal guardian of the minor.
(2) The defendant was a school, church, museum, public library, governmental agency, medical clinic, or hospital carrying out its legitimate function; or an employee or agent of such an organization acting in that capacity and carrying out a legitimate duty of his employment.
(3) Before disseminating or exhibiting the harmful material or performance, the defendant requested and received a driver's license, student identification card, or other official governmental or educational identification card or paper indicating that the minor to whom the material or performance was disseminated or exhibited was at least 18 years old, and the defendant reasonably believed the minor was at least 18 years old.
(4) The dissemination was made with the prior consent of a parent or guardian of the recipient.
§ 14-190.16. First degree sexual exploitation of a minor
(a) Offense. -- A person commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he:
(1) Uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or
(2) Permits a minor under his custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or
(3) Transports or finances the transportation of a minor through or across this State with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or
(4) Records, photographs, films, develops, or duplicates for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity.
(b) Inference. -- In a prosecution under this section, the trier of fact may infer that a participant in sexual activity whom material through its title, text, visual representations, or otherwise represents or depicts as a minor is a minor.
(c) Mistake of Age. -- Mistake of age is not a defense to a prosecution under this section.
§ 14-190.17. Second degree sexual exploitation of a minor
(a) Offense. -- A person commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, he:
(1) Records, photographs, films, develops, or duplicates material that contains a visual representation of a minor engaged in sexual activity; or
(2) Distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity.
(b) Inference. -- In a prosecution under this section, the trier of fact may infer that a participant in sexual activity whom material through its title, text, and visual representations or otherwise represents or depicts as a minor is a minor.
(c) Mistake of Age. -- Mistake of age is not a defense to a prosecution under this section.
§ 14-190.18. Promoting prostitution of a minor
(a) Offense. -- A person commits the offense of promoting prostitution of a minor if he knowingly:
(1) Entices, forces, encourages, or otherwise facilitates a minor to participate in prostitution; or
(2) Supervises, supports, advises, or protects the prostitution of or by a minor.
(b) Mistake of Age. -- Mistake of age is not a defense to a prosecution under this section.
§ 14-202.1. Taking indecent liberties with children
(a) A person is guilty of taking indecent liberties with children if, being 16 years of age or more and at least five years older than the child in question, he either:
(1) Willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex under the age of 16 years for the purpose of arousing or gratifying sexual desire; or
(2) Willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex under the age of 16 years.
Is the child living in the home with a sex offender?
If a substantiated perpetrator or an individual convicted of a sexual offense against a child has reestablished residence where previously uninvolved juveniles reside, those persons having suspicion of risk in the new environment are obligated to report. The screening decision should be based on current risk. If it is believed the children are at risk, the report would be accepted for CPS assessment as an injurious environment.
Is the parent/caretaker’s rejection of the child causing serious emotional damage?
Continual use of rejecting statements such as saying: “I wish you were never born.” The parent/caretaker sees the child as responsible for their problems.
Is the parent/caretaker’s criticism of the child causing serious emotional damage?
Continual use of critical statements such as saying: “Why can’t you ever do anything right?” This could be a situation where one child has been identified as the scapegoat of the family and this child bears the blame for anything that goes wrong within the family system.
Is the parent/caretaker’s insulting of the child causing serious emotional damage?
Continual use of insulting statements such as saying: “I can’t believe you would be so stupid.” This would also include describing the child as ugly, evil or in any demeaning or degrading manner, also using sexualized language such as whore or slut to describe the child.
Is the parent/caretaker’s humiliation of the child causing serious emotional damage?
Continual use of humiliation tactics, such as embarrassing the child in front of other people. Continual cursing at the child and belittling the child.
Is the parent/caretaker’s isolation of the child causing serious emotional damage?
Continual use of isolation tactics such as prohibiting the child from playing with friends and neighbors. The parent/caretaker works at preventing the child from forming friendships, teaching the child they are alone against the world.
Is the parent/caretaker’s terrorizing of the child causing serious emotional damage?
Continual use of terrorizing tactics such as saying: “The police or social services will come and take you away.” When the parent/caretaker destroys the child’s possessions or attacks beloved people or pets, the parent/caretaker is teaching the lesson that the world is a hostile place.
When making screening decisions, it is important to question the reporter about the child’s mental and physical status. The parent’s behavior must be causing serious emotional damage to the child. Serious emotional damage is evidenced by a child’s severe anxiety, depression, withdrawal or aggressive behavior. The following can be indicators of a child suffering from emotional abuse: eating disorders such as obesity and anorexia, speech disorders such as stutters or stammering, developmental delays in the acquisition of speech and motor skills, weight or height levels substantially below norm, flat or bald spots on an infant’s head, nervous disorders such as rashes, hives, or facial tics. It is important to note that emotional abuse is characterized by continuous, ongoing harmful interactions, not isolated incidents. This list is not all-inclusive, nor is it absolute. These are factors to consider when making a decision to accept a report.
Is the parent/caretaker encouraging, directing or approving of the child participating in illegal activities such as shoplifting, fraud or selling drugs/alcohol?
Situations where the parent/caretaker encourages or directs the child to participate in shoplifting activities while under their supervision are applicable as well as situations where the parent has knowledge that the child is shoplifting and instead of intervening to terminate those activities, the parent/caretaker encourages the activity. Situations in which a parent/caretaker uses the child as a part of a drug/alcohol operation, for example, as a drug runner would require Investigative Assessment. The parent/caretaker providing alcohol/drugs to the child or consuming alcohol/drugs with the child are situations that meet the definition of neglect; therefore completion of the Improper Care Maltreatment Screening Tool is required (In re M.G.__ N.C. App. __.653 S.E.2d 581 (2007)). In situations where a child commits a first time offense without parental knowledge, an assessment of the parent/caretaker’s supervision is warranted, therefore completion of the Improper Supervision Maltreatment Screening Tool is required.
Is the parent/caretaker failing to provide sufficient food?
The parent/caretaker needs to provide sufficient food for the child in order to prevent nutritional deficiencies. A report would be accepted in situations where adequate food has not been provided for a period of time that interferes with the health needs of the child based on age and other conditions. A CPS assessment to determine whether food neglect exists is required when a child shows symptoms of malnutrition, dehydration, or food poisoning. If DSS receives a report and the only information is there is no food in the home, this report would be accepted and a CPS assessment would be conducted. Failure to meet specific dietary needs of the child requires a CPS assessment.
Is the parent/caretaker failing to provide appropriate and reasonable clothing?
A CPS assessment to determine whether clothing neglect exists is required when the child suffers illness, exposure or frostbite due to inadequate clothing; or the clothing is insufficient to protect the child from the elements. This may include severe sunburn. Whether the clothing is new or name brand is not relevant to the discussion of whether the parent/caretaker is providing proper care; consideration is given to whether the clothing is sufficient to protect the child from the elements and health hazards.
Is the parent/caretaker failing to ensure proper hygiene?
Depending on the age and needs of the child, it is a concern when a serious health hazard is present and the parent/caretaker is not taking appropriate action to eliminate the problem. The parent/caretaker ensures proper hygiene by providing care, instruction, or necessary items for cleanliness (water, soap, toothbrush).
Is the parent/caretaker failing to provide adequate shelter?
The parent/caretaker needs to provide housing or emergency shelter or make alternate arrangements in the event the family is homeless. The parent/caretaker needs to ensure the child is safe and protected from the elements.
Is the parent/caretaker failing to provide a basic education?
Educational neglect pertains to the repeated failure of the parent/caretaker to meet the child’s educational needs. This allegation would apply after the inability of the school to engage the parent/caretaker in efforts to improve the child’s attendance. School social workers are required to investigate unlawful absences. (N.C.G.S. §115C-381) DSS intervention would be required only after the school’s efforts have been proven unable to ensure the child’s attendance. It is fundamental that a child is provided a basic education. This allegation does not pertain to children who willfully refuse to attend school.
Is the parent/caretaker providing drugs/alcohol to the child?
The parent/caretaker providing alcohol/drugs to the child or consuming alcohol/drugs with the child are situations that meet the definition of neglect and would require a CPS assessment.
Is the parent/caretaker leaving a child age 8 or under alone with no supervision?
There is no legal age established for when a child can stay at home alone, however North Carolina fire code does specify that children under age 8 should not be locked or confined. A report alleging a child under age 6 left alone requires an immediate response. The length of time the child is left alone, along with the child’s age and cognitive abilities factor into whether the child can be safely left alone. Some important questions to ask are: Is the child afraid to stay at home alone? Is the child providing care for siblings? Does the child know how to contact emergency personnel? How long is the child being left alone? Is the child in an isolated area?
Is the parent/caretaker placing the responsibility for supervision of siblings with a child who is not capable of providing proper supervision?
The child’s age and cognitive abilities factor into the decision as to whether a child is able to provide adequate supervision for siblings, as well as the age and needs of the children being provided supervision. A child who is not able to contact emergency personnel and who is afraid to stay at home alone is not able to supervise siblings. A child who is safe at home alone for short periods of time may not be able to handle the responsibility of providing care and supervision for younger siblings.
Is the parent/caretaker’s choice or style of supervision placing the child at risk?
When the parent/caretaker makes alternative arrangements for the child’s supervision, the person responsible for the child’s care must be able to consistently provide the minimum of child-caring tasks. It can be problematic when the parent/caretaker frequently makes alternative arrangements with caretakers whom they have been unable to assess in regards to child-care due to the inadequate length of time they have been acquainted. The parent/caretaker can be present, but not attending to the child to such an extent that the need for care goes unnoticed or unmet; parent/caregiver is present while child wanders outdoors alone, plays with dangerous objects, plays on unprotected window ledge, or is exposed to other serious hazards. In reports involving children playing in the street, it is important to note the traffic patterns on that street and the age of the child. There are some streets in NC that do not pose a safety risk for children and in fact are the only place a child has to play. In a situation where the reporter alleges a young child is playing in a busy street, a CPS assessment is required. Reports involving sexual activity between children under age 16 may provide cause to examine the supervision provided by their parent/caretakers. Refer to sexual abuse screening tool for specifics in these situations. When children are participating in a juvenile delinquent activity such as vandalism or selling drugs on the corner with the parent’s encouragement, direction, or approval this is moral turpitude. In instances where the juvenile is participating in delinquent activity without the encouragement, direction or approval of the caregivers, inappropriate supervision may be a concern. If it is clear at Intake that the parent/caretaker responded in a protective manner, this report would not be accepted for assessment. In situations where the parent has no knowledge of the child’s delinquent activity, the screening decision should be based on whether the supervision plan the parent/caregiver had in place was a reasonable plan based on the child’s current and past behaviors. If the parent had no reason to expect that the child needed a more stringent supervision plan and was unaware of the child’s delinquent activities, this report would not accept for assessment. If the child’s past behaviors indicated that a more stringent supervision plan was needed and the parent failed to implement a more stringent plan, this report would accepted for assessment. It would be helpful to talk with the reporter about their willingness to inform the parent/caretaker of the child’s participation in juvenile delinquent activities. The report should be accepted if the child is participating in delinquent activities and the parent is aware of the behavior and does nothing to try to change the child’s behavior.
Is the parent/caretaker using corporal punishment that results in any type of injury, cuts or extreme bruises?
Parents have a right to discipline their children. Done appropriately, spanking and the use of corporal punishment are not considered child abuse. Corporal punishment, commonly referred to as physical discipline or spanking, is the application of physical force, including striking with the hand or with an object, against the body of another. However, significant trauma and tissue damage, such as bruises, welts, or lacerations may be signs of child neglect (inappropriate discipline) or child abuse, depending on the extent of the injuries. Factors to consider regarding bruising include: location and severity of the injury, child's age and developmental stage, and whether the bruises are consistent with normal play. Injuries such as these, not resulting from an accident, must be assessed. A definition of significant trauma is any injury beyond temporary redness of the skin. A practical guideline to use is that any inflicted injury which lasts more than 24 hours constitutes significant injury and requires an investigation. (PEDIATRICS, Vol. 110 No. 3, September 2002, American Academy of Pediatrics.) A reporter’s knowledge that this was the parent’s first time inflicting such an injury or that the injury is just a small bruise does not impact screening. Spanking and corporal punishment should be confined to the buttocks or legs and should not result in injury, scarring or bruising. Physical discipline that is administered to a child’s head or torso area presents a greater risk of injury. The child’s age and abilities are relevant to whether the discipline used is reasonable. Situations where a child is injured as a result of a parent’s defensive action when the child is attacking them are problematic and require an assessment regarding family violence.
Is the parent/caretaker withholding food and/or water or requiring the child to consume nonfood items or inappropriate amounts of food or water?
A pattern of withholding water or food (with the exception of desserts, snacks, and candy) requires a CPS assessment. Forcing a child to consume excessive amounts of food or water can be dangerous. Forcing a child to consume an extreme amount of hot sauce, salt, pepper or nonfood item is not an appropriate form of discipline and depending upon the age and size of the child could be life threatening. Reports of this nature could be seen as meeting the criteria for an abuse report based on cruel/grossly inappropriate behavior modification, depending on the circumstances.
Is the parent/caretaker using restraints, confinement, or deprivation?
Appropriate discipline does not involve the use of restraints, confinement, or deprivations. This includes being deprived of heat, ventilation, or any basic necessity.
Effective discipline is proactive, promotes positive behavior and self control, encourages self-responsibility, responds to unacceptable behavior and lack of self-control, protects and strengthens the child’s self-esteem, strengthens the parent-child relationship and advances child development. (Child Welfare League of America)
Is the parent/caretaker gone for an extended time period without indicating when they will return?
Abandonment is a willful act; a conscious decision is made by the parent/caretaker to abandon the child; there is a clear demonstration that the parent/caretaker does not intend to resume parental responsibilities for the child. The legal definition of abandonment is “any willful or intentional conduct on the part of the parent which evidences a settled purpose to forego all parental duties and relinquish all parental claims to the child.” It is important to determine if the parent/caretaker made arrangements with an alternate caregiver. A situation where a parent/caretaker left a child with a grandparent and the grandparent is willing to continue to provide care for the child should not be accepted for CPS assessment. The grandparent should be referred to community resources to assist with obtaining legal custody. If the only issue is that the grandparents are having difficulties enrolling the child in school, refer to N.C.G.S §115C-366, Assignment of student to a particular school. A situation where a parent/caretaker left a child with a grandparent who agreed to provide care; the parent did not return to assume caretaking responsibilities, and the grandparent is now saying they are no longer willing to provide care meets the criteria for a CPS assessment. Another consideration is the appropriateness of the alternate caregiver and their desire to continue to provide care for the child as well as determining the last time the parent/caregiver has been in contact with the child and alternate caregiver. The Infant Homicide Prevention Act requires CPS reports of abandonment to be initiated immediately. This Act requires that DSS contact law enforcement to request their assistance to inquire through the NC Center for Missing Persons and other resources to determine if the child has been reported as a missing child.
Is the parent/caretaker failing to provide proper medical care and remedial care?
This would include the parent/caretaker’s refusal or failure to seek, obtain, and/or maintain those services for necessary medical, dental, or mental health care, including necessary rehabilitative care such as speech therapy and physical therapy and remedial care such as the proper treatment for a hearing defect. Failure to provide child with immunizations or routine well childcare in and of itself does not constitute neglect. A parental decision not to provide a child with behavior modification medication in and of itself does not constitute neglect. An allegation of neglect based solely on a child’s having head lice is not appropriate for CPS assessment. This condition could arise in any number of ways and is not, in and of itself, an indicator of neglect. Collecting information regarding the parent/caretaker’s attempts towards treating the head lice, as well as whether public health has intervened is important. In situations where a teenager is refusing to keep appointments with a therapist and the parent/caretaker is making every effort to encourage the child to keep the appointment and is arranging transportation for the child, there is not sufficient information to proceed with a CPS assessment.
Are there structural issues with the family’s living environment, which place the child’s health or safety at risk?
Structural issues to consider include: exposed electrical wiring, holes in the floor of the home, flaking lead based paint, plumbing/septic tank issues, leaking gas from stove or heating unit, lack of water or utilities (heat, plumbing and electricity) with no alternate provisions made or alternate provisions are inappropriate (stove, unsafe space heaters used), open, broken or missing windows. The age and developmental status of the child impact the potential for harm to the child’s health and safety.
Is the child’s living environment hazardous or immediately threatening?
Housekeeping/cleanliness issues addressed through CPS are those that impact the child’s health or safety. Simply having a dirty house does not indicate an injurious environment, the living conditions have to be such that they are not safe for a child. Cleanliness issues to consider include: a substantial amount of scattered garbage/trash accessible to a young child, a substantial amount of contained garbage/trash which sits to the point that vermin are present, animal or human waste that is not disposed of properly, any situation in which the failure to maintain cleanliness results in a health or safety risk to the child. The main concern regarding fecal matter has to do with fecal/oral contamination, therefore, the child’s age and developmental status impacts the level of risk. It is important to note whether dangerous substances or objects are stored in areas that are easily accessible to young children, such as lower shelves or cabinets, under the sink or in an open area. The accessibility of firearms and other weapons is a factor to consider, are the firearms and/or weapons accessible to children? In accordance with N.C.G.S. 14-351, a report which indicates that the firearm is stored or left in a condition that the firearm can be discharged and that the parent has knowledge that the child has access to the firearm warrants a CPS assessment. An assessment of fire safety is crucial during any home visit; does the home have functioning smoke alarms, are there obvious fire hazards such as overloaded extension cords, electrical equipment installed improperly, exposed light bulbs?
Are criminal elements endorsed by the parent/caretaker that place the child’s health or safety at risk?
Activities of the parent/caretaker towards the manufacture, distribution of drugs/alcohol, operating a gaming house or shoplifting ring; when these activities involve constant disruption of the home environment evidenced through heavy traffic in the home, they have the potential to impact the child negatively. A consideration would be whether drugs and alcohol were easily accessible to the child, the potential for violence/weapons associated with illegal activities, and whether the parent/caretaker’s caretaking and supervision skills were negatively impacted in this environment.
For reports alleging domestic violence and substance abuse, please consult the Domestic Violence and Substance Abuse Maltreatment Screening Tools.
Is the parent/caretaker placing the child for adoption in exchange for money or other compensation?
A parent/caretaker may not pay or give, offer to pay or give, or request, receive or accept any money or anything of value, directly or indirectly for the placement or adoption of a child. An adoptive parent, or another person acting on behalf of an adoptive parent, may pay the reasonable and actual expenses for ordinary living expenses for the mother, medical expenses, counseling services. It is neglectful to accept payment in kind for a child, such as trading a child for a car.
Is the parent/caretaker placing the child for adoption without executing a Consent for Adoption?
A parent/caretaker can not place a child with an alternate caregiver without executing their consent for adoption. The parent/caretaker must have the authority to place the child and consent to the child’s adoption.
Is the parent/caretaker placing the child in violation of the Interstate Compact on the Placement of Children?
The Compact is a legally and administratively sound means of placing children across state lines with the same safeguards and services as are available when they are placed within their own state. The Compact provides the means for securing an evaluation of a prospective placement before the child is sent outside the state and provides assurance that the sending state retains jurisdiction over the child sufficient to ensure that the child receives adequate care and protection. Placements across state lines require the cooperation of agencies in ensuring that potential placements are evaluated for suitability and that supervision will be provided for the time necessary to determine that the placement is in the child's best interest.
Is the child without a parent/caretaker?
A child can be dependent due to the absence of a parent/caretaker, whether that absence is due to hospitalization, incarceration, or any situation in which the parent/caretaker is absent and there are no alternative arrangements to provide appropriate proper care. Dependency refers to lack of capacity of the parent/caretaker; a parent who is hospitalized or incarcerated is not necessary unwilling to provide care but is unable to provide care due to the present circumstances.
Is the parent/caretaker lacking capacity to provide care and supervision to the child without having an appropriate alternative child care arrangement?
Dependency can also occur in situations where the parent/caretaker is incapacitated due to mental or physical illness, substance abuse, or any situation which impacts the ability of the parent to provide appropriate proper care. If the parent/caretaker fails to ensure an appropriate alternative child care arrangement the child is dependent and requires CPS assessment.
Is the parent/caretaker using money for basic necessities to buy alcohol/drugs without making arrangements to provide basic necessities?
The parent failing to provide food, clothing, shelter to the child would be considered improper care. When the substance abuser’s use rises to the level that they are willing to place their needs to satisfy their addiction above providing proper care to the child, it is problematic and should be accepted for CPS assessment, in the absence of an alternative arrangement for ensuring those basic needs are provided. In situations when other family/friends/other support networks are ensuring that the child is provided with food, clothing shelter, the dynamic of that relationship should be explored. This could be considered enabling and could lead to the substance abuser’s expectation that others will provide care for their child. Illegal and legal drugs have the potential to become problematic when they are abused.
Is the parent/caretaker’s use of alcohol/drugs impairing their ability to care for the child in the absence of an alternative child care arrangement?
Parenting skills are certainly affected by substance use, depending upon the parent/caretaker’s level of dependency on the substance; their capacity to provide care will vary. Many times, the parent/caretaker makes arrangements for care to be provided to their child by a responsible caretaker known to the child, and this can be appropriate depending upon the relationship among the child, parent, and caretaker, and the frequency of such an arrangement. The parent’s use/behavior and the impact on the child are relevant. Simply using drugs or having a drink in the child’s presence does not meet the definition of neglect. If the parent’s use impacts their caretaking ability in such a manner that they are not providing proper supervision and care, then those reports should be accepted for CPS assessment.
Has the parent’s alcohol/drug use resulted in a positive screening at the child’s birth?
Since our laws do not recognize prenatal child abuse, a Mother’s positive screening coupled with the infant’s negative screening in the absence of further information indicating abuse or neglect does not warrant a CPS assessment. In a situation where a Mother’s screen is positive and the infant’s is negative, and there is an agency history which indicates the child may be at risk, a CPS assessment is warranted. Newborn children who have a positive urine or meconium toxicology for drugs or alcohol are considered at risk and those situations would warrant a CPS assessment. The assessment would indicate what response was necessary; removal from the parent in the hospital would not be appropriate without a CPS assessment.
Has the child been exposed to a Methamphetamine or other clandestine laboratory?
The children who live in and around methamphetamne laboratories have a high risk of harm due to their developmental nature, the abuse and neglect that their parents/caretakers and others that frequent the home inflict on them and their inability to protect themselves. The children in these homes are also exposed to serious toxicities and dangers that could have long term effects on their health and development. A child living in or being exposed to a methamphetamine or other clandestine laboratory should be accepted for an Investigative Assessment.
Domestic violence is a serious issue with potentially fatal implications for children and non-offending/adult victims. In recognition of this potential lethality, the Structured Intake Report requires that every reporter is asked, “Has there been an occurrence of domestic violence in the home?”
Domestic violence is the establishment of control and fear in an intimate relationship through the use of violence and other forms of abuse including, but not limited to; physical abuse, emotional abuse, sexual abuse, economic oppression, isolation, threats, intimidation, and maltreatment of the children to control the non-offending parent/adult victim.
Has the child ever called 911, intervened or been physically harmed during violent incidents between adults?
There is a real possibility that the child could be physically injured when intervening in domestic violence situations.
Is the child fearful for his/her life, for the lives of other family members including pets, or fearful for the battered parent/caretaker’s life?
An assessment of the impact of exposure to the violence is needed. The child fearing for his/her life or for the lives of any family members is evidence that the violence is having a serious impact on their mental/emotional health. There is a correlation between pet abuse and domestic violence and it is a predictor of an abuser’s lethality.
Is the child present or do they have knowledge of when the batterer inflicts injury on or threatens violence against the battered parent/caretaker?
The child’s presence when violence is occurring warrants a CPS assessment. A child’s presence is defined as within sight or sound regardless of their age. This includes not only a situation where a child is present to witness violence, but also should include a situation when a child may have knowledge that violence is occurring in their home. For example, a child reporting they hear one caretaker threatening the life of another, they are reporting seeing injuries on a caretaker after an altercation, or a caretaker is reporting to the child they were assaulted by the other caretaker. An assessment of the impact of exposure is needed, as some children are more resilient than others are. Is the child afraid? Is the child thinking about the violence while at school or playing? Is the child having trouble sleeping due to his/her exposure to the violence? Is the child behaving aggressively? Does the infant/toddler have developmental delays or other observable behavioral problems such as erratic eating patterns, excessive crying, problems with attachment/bonding, etc…?
Has there been repeated police involvement, are there civil protective orders?
Police involvement is one indication there is a history of domestic violence and that the battered parent has taken some steps towards protection. Repeated violence from the batterer after law enforcement/court involvement is an indication that the batterer has no regard for these legal measures, and that law enforcement is not a deterrent.
Is there a history of DV or is the violence increasing in frequency?
A pattern of domestic violence indicates a situation more serious than an isolated incident. If the batterer has become increasingly violent, it is reasonable to expect this progression to continue which can compromise the child’s safety.
Are there weapons present or have weapons been used?
The use of weapons increases the potential for deadly violence.
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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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