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CHANGE NOTICE: 10-2009
DECEMBER 2009
The director of each county Department of Social Services is required by law to establish protective services for children alleged to be abused, neglected, or dependent. N.C.G.S. § 7B-300 states:
“The director of the department of social services in each county of the State shall establish protective services for juveniles alleged to be abused, neglected, or dependent. Protective services shall include the screening of reports, the performance of an assessment using either a family assessment response or an investigative assessment response, casework, or other counseling services to parents, guardians, or other caretakers as provided by the director to help the parents, guardians, or other caretakers and the court to prevent abuse or neglect, to improve the quality of child care, to be more adequate parents, guardians, or caretakers, and to preserve and stabilize family life. The provisions of this Article shall also apply to child care facilities as defined in N.C.G.S. § 110-86.”
The county Department of Social Services (DSS) must receive and screen all reports of abuse, neglect, or dependency. The intake worker and supervisor determine whether the facts alleged in the report are sufficient to warrant intervention on the basis of suspected abuse, neglect, or dependency regardless of the residence of the child. Refer to Chapter V - Jurisdiction in Child Welfare of this manual for a discussion when more than one county is involved.
N.C.G.S. § 7B-302 states: "When a report of abuse, neglect, or dependency is received, the director of the department of social services shall make a prompt and thorough assessment, using either a family assessment response or an investigative assessment response, in order to ascertain the facts of the case, the extent of the abuse or neglect, and the risk of harm to the juvenile, in order to determine whether protective services should be provided or the complaint filed as a petition."
When a report of abuse, neglect, or dependency is received regarding a non-institutional setting, all children living in the home shall be considered and assessed as victim children, whether or not they are named in the report. If a report is received on an institutional setting, the circumstances of other children who were subjected to the alleged perpetrator's care and supervision shall be assessed to determine whether they require protective services or immediate removal.
When the DSS moves from receiving reports into the assessment of those reports, a standard of fact-finding is carried out. The facts are documented within the parameters of legal definitions of abuse, neglect, or dependency and the level of child well-being. Information is evaluated against risk factors. The task of the assessment is to determine if the child(ren) is/are abused, neglected, or dependent or if the family is in need of services and what level of intervention is necessary to assure safety.
In the course of providing child protective services, the director of the county DSS and staff should have a clear understanding of the legal basis for intervention on an involuntary basis and to accept the responsibility for offering services to involuntary clients. The agency should minimize the intrusion into the family without increasing the risk of harm for children.
North Carolina has a mandatory reporting law, N.C.G.S. § 7B-301 that states " Any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent, as defined by N.C.G.S. § 7B-101, or has died as the result of maltreatment, shall report the case of that juvenile to the director of the department of social services in the county where the juvenile resides or is found."
The intent of this legislation is to encourage reporting to the proper authority situations in which children may be at risk. It does not require that the reporter possess any information beyond a cause to suspect abuse or neglect. The reporter is not required to have witnessed the abuse or neglect or to have firsthand knowledge.
A person who makes a report of suspected child abuse, neglect, or dependency is immune from civil or criminal liability if the report was made in good faith. Immunity is also guaranteed to anyone who cooperates with the DSS in its assessment, testifies in any court action resulting from the report, or participates in authorized procedures or programs for screening and responding to reports of abuse, neglect, or dependency.
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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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