General Questions:

Am I required to report?

North Carolina requires “any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent… or has died as a result of maltreatment” to make a report to the county department of social services where the child resides or is found. G.S. 7B-301(a). There is one very limited exception, which is for an attorney who learns of the suspected abuse, neglect, or dependency during the attorney’s representation of a client “only in the abuse, neglect, or dependency case.” G.S. 7B-310.  All other recognized privileges, such as clergy, husband-wife, doctor-patient, and attorney-client (not covered by the limited exception) are explicitly excluded as a ground for the person’s failure to report.

 

The Standard for Reporting

It helps to break the statute down into three sections to determine whether a report is required.

1. Does a person have “cause to suspect”? Although not defined in the statute, “cause to suspect” is less than actual knowledge. A person is not required to confirm that a child is actually being (or was) abused, neglected, or dependent.
2. What constitutes “abuse, neglect, or dependency”? These terms are defined at 7B-101(1), (15), and (9) respectively. A person may want to review these statutory definitions when deciding if a report is required. For each of these definitions, a juvenile is any person who is younger than 18 and is not married, emancipated, or a member of the Armed Forces. G.S. 7B-101(14).
3. Who created or caused the juvenile’s abuse, neglect, or dependency? For purposes of child protective reports and services, abuse, neglect, and dependency are limited to when the juvenile’s parent, guardian, custodian, or caretaker caused, contributed to, or allowed the conditions or actions to occur. A report should not be made if the person is not a parent, guardian, custodian, or caretaker. In those instances, a report may be made to local law enforcement.

 

Criminal Sanction

A person who knowingly or wantonly (i) fails to report or (ii) prevents another person from making a report as mandated by the universal reporting statute “is guilty of a Class 1 misdemeanor.” G.S. 7B-301(b). This criminal sanction was added to the reporting statute and became effective on October 1, 2013. Prior to October 1, 2013, the statute did not specifically address a person’s noncompliance.

• “knowingly” is “when the person knows what he or she is about to do and, with that knowledge, proceeds to act,” and
• “wantonly” is when a person “acts with conscious and intentional disregard of and indifference to the rights and safety of others.”

 

May my name remain anonymous?

The reporter may request anonymity when making a report. Refusal of the person making the report to provide his/her name does not prevent the Mecklenburg County Department of Social Services from assessing the alleged abuse, neglect, dependency, or death because of maltreatment.
Mecklenburg County is required to hold the identity of the reporter “in strictest confidence”. However, the department may disclose the identity of the reporter to any federal, state, or local governmental entity or its agent without a court order when the entity demonstrates a need for the reporter’s name to carry out the entity’s mandated responsibility. If the department must litigate the abuse, neglect, or dependency, the reporter may be required to participate in the legal action.

 

Are there consequences for reporting suspected abuse, neglect, or dependency?

Anyone who makes a report, cooperates with the county department of social services in a protective assessment, testifies in any judicial proceeding resulting from a protective services report or assessment, is immune from any civil or criminal liability provided the person was acting in good faith. N.C.G.S. § 7B-309

 

What is Child Abuse?

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;

d. Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile:  first-degree forcible rape, as provided in G.S. 14-27.21 ;  second-degree forcible rape as provided in G.S. 14-27.22 ;  statutory rape of a child by an adult as provided in G.S. 14-27.23 ;  first-degree statutory rape as provided in G.S. 14-27.24 ;  first-degree forcible sex offense as provided in G.S. 14-27.26 ;  second-degree forcible sex offense as provided in G.S. 14-27.27 ;  statutory sexual offense with a child by an adult as provided in G.S. 14-27.28 ;  first-degree statutory sexual offense as provided in G.S. 14-27.29 ;  sexual activity by a substitute parent or custodian as provided in G.S. 14-27.31 ;  sexual activity with a student as provided in G.S. 14-27.32 ;  unlawful sale, surrender, or purchase of a minor, as provided in G.S. 14-43.14 ;  crime against nature, as provided in G.S. 14-177 ;  incest, as provided in G.S. 14-178 ;  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. 14-205.3(b) ;  and taking indecent liberties with the juvenile, as provided in G.S. 14-202.1 ;

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;

f. Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile; or

g. Commits or allows to be committed an offense under G.S. 14-43.11 (human trafficking), G.S. 14-43.12 (involuntary servitude), or G.S. 14-43.13 (sexual servitude) against the child.

 

I'm not sure if what I saw is considered abuse or not what shall I do?

If you have reason to suspect abuse, but are not sure, report it. If you have any doubts whether it is abuse, call the hotline. Trained Protective Services Specialists can advise you on whether the signs you observed are abuse or neglect.

 

What information should I have ready?

The report shall include information as is known to the person making it including the name and address of the juvenile; the name and address of the juvenile's parent, guardian, or caretaker; the age of the juvenile; the names and ages of other juveniles in the home; the present whereabouts of the juvenile if not at the home address; the nature and extent of any injury or condition resulting from abuse, neglect, or dependency; and any other information which the person making the report believes might be helpful in establishing the need for protective services or court intervention. N.C.GS. 7B-301 (a)

• Name, age, and address of the child or person 65 years or older or an adult with disabilities.
• Your name and contact information.
• Brief description of the situation and the child or vulnerable adult.
• Current injuries, medical problems, or behavioral problems.
• For a child: Parents' names and names of siblings in the home.
• For an adult: Names of relatives in or outside the home and name of perpetrator.
• Explain how you know about the situation.

 

What if I don’t know the required information?

Please provide as much details as possible. Partial names, addresses, and date of birth are useful information for locating the people involved. Even an approximate age or street name is helpful.

 

What will I be asked when I make the report?

 You will answer questions in three main sections: People Involved, What Happened, and Safety Concerns.

1. In the People Involved section, you will be asked to provide detailed information about everyone involved in the incident:
   • The person you suspect is being abused (alleged victims).
   • The person you suspect is responsible for the abuse (alleged perpetrators).
   • Others living in the home and anyone one else who can provide information about the incident.
2. In the What Happened section, you will be asked to provide detailed information on the specific concerns and reasons you have for reporting the incident.
3. In the Safety Concerns section, you will be asked to provide detailed information regarding domestic violence, drug and alcohol abuse, living conditions and other safety concerns. Share any concerns you have about weapons, gang involvement, or if there are people, pets, or conditions that could be a danger.

 

What happens to my report once I submit it on-line?

Once you submit your report on-line, the report is routed to a social worker who will complete the report and determine if the case meets the statutory requirements. A final screening decision will be determined using a two-level decision. That decision will either be Screened (Referral met state statue to accept) or Screen Out (Referral did not meet State Statue to be a report).

 

What happens once I click the submit button.

Reporter will receive a confirmation notice via email that their report has been received.  Please note this is not the final report!

Within five working days after receipt of the report of abuse, neglect, or dependency, the director shall give written notice to the person making the report, unless requested by that person not to give notice, as to whether the report was accepted for assessment and whether the report was referred to the appropriate State or local law enforcement agency.

Within five working days after completion of the protective services assessment, the director shall give subsequent written notice to the person making the report, unless requested by that person not to give notice, as to whether there is a finding of abuse, neglect, or dependency, whether the county department of social services is taking action to protect the juvenile, and what action it is taking, including whether or not a petition was filed. The person making the report shall be informed of procedures necessary to request a review by the prosecutor of the director's decision not to file a petition. A request for review by the prosecutor shall be made within five working days of receipt of the second notification. The second notification shall include notice that, if the person making the report is not satisfied with the director's decision, the person may request review of the decision by the prosecutor within five working days of receipt. The person making the report may waive the person's right to this notification, and no notification is required if the person making the report does not identify himself to the director.

What is the difference between submitting a report and a report being processed?

Submitting the report means you have provided information for a report and will now submit it. Processing a report mean the Social Worker will input the information into the identified computer system, assess and review the information to determine if the information meets the state statue for abuse or/and neglect and/or dependency.

 

How long will it take to process the report?

Normal processing time ranges from one (1) to two (2) hours if all the requested information outlined in question is provided. Processing time may be delayed if there is incomplete information, increased intake referrals, or other situations beyond the control of the agency.

 

Who is processing the reports?

Child Welfare Specialist that are trained and certified by the State of North Carolina.

 

If I have additional questions or need to make changes to the report where or whom should I call?

You may call the Mecklenburg County Child Protective Services Hotline. The number is 980 314-3577/(980-31-HELPS).

 

What is the benefit of reporting online?

Benefits include Easy Access for reporting abuse and/or neglect.

• It eliminates wait time, when having to call in and be place on hold or place in a Queue.
• It provides flexibility, by allowing you to start at a time when is convenient for you.
• You get to view what you are reporting and putting the information in your own words.

 

What is the difference between an Online Report vs calling the Helpline?

Online reporting allows you to go on line to type the report yourself and submit it.

Calling the Helpline allows you to call the Helpline to talk to a live social worker, who you will tell your information to and they will type it into the system.

 

What is an E- Report Confirmation number?

The Online Report Confirmation number will serve as your report confirmation number. This is a system-generated number that acknowledges that Youth and Family Services received the information you submitted via the Internet.

We recommend you save that number.

 

What exactly do you email back? Are names of persons used? I ask this question because we do not have secure email addresses and I am concerned about information being accessed by others?

The subject line of the e-mail only includes the report identification number (see previous FAQ for more information about report identification number) and does not contain any language that would mean anything to anyone other than the person who reported it to us. This number will verify that you have reported the suspected abuse or neglect to our statewide hotline.

We reference the child only by their initials in the body of the e-mail to help you match our e-mail response to the situation you reported. We do not include any of the information from your report in our response.

We also provide a general statement regarding how we have assessed the information you reported. You may select the option to not receive e-mails in response to your report.

 

Confidentiality and Anonymity

What does making a report confidentially means?

Mecklenburg County staff are required by law to keep the report’s identity confidential. {NC General Statue 7B}

 

What does make a report anonymously means?

Making reports anonymously means you do not provide your name and contact information when you make the report and field investigators are unable to contact you. You will not receive a Reporter letter.

 

What are my options for reporting anonymously?

You must make the call directly to CPS Hotline number 980-314-3577 or 980-31-HELPS.

****Please be mindful that when you call into the Helpline, Social Workers telephone have Caller ID, in the event you get disconnected and it is an emergency. 

 

Report Entry

I created an account to use the web site. Why can’t I log in?

The most likely reason is that you entered your username and or password incorrectly. If you have forgotten either of them, go to the:

Mecklenburg County Youth and Family Services Portal Help Desk. (512 438-4720).

You must know your username and the answers to your security questions to reset your password. If you do not know those, call the Mecklenburg County Youth and Family Services Portal Help Desk at (512) 438-4720 to reset your password or unlock your account.

 

How do I make a correction or submit more information about a report I already made?

Please contact the Mecklenburg County YFS Hotline by phone number at 980.314.3577 to update information submitted using the on-line reporting. Make sure you have your confirmation number to reference your report.

 

Can I spell check the information I entered?

Yes, the new form has spell check built in. Spell check will be available on each page when reviewing your information.

 

Once I start the report, how long do I have to come back and complete it later?

A reporter has up to 12 hours to complete the report. (Please remember if you are reporting information about a child, YFS need to get to that child as soon as possible to assess risk or harm).

 

How can I print out the information typed into the report?

You cannot print a report. But you can print your confirmation number receipt. 

 

Security

How secure is this web site?

The Website's security is secure to permit Health Insurance Portability and Accountability Act (HIPAA) covered entities to file reports of child abuse or neglect, as mandated by state law. The session between the reporter and the server is encrypted, using Secure Socket Layer technology (SSL). The transmission is secure. The data flow is one way, from the reporter to the server. The reporter sees only a blank form. The reporter cannot access any data submitted in the Department of Youth and Family Services (YFS) computer system.

 

Does the Health Insurance Portability and Accountability Act (HIPAA) prevent me from reporting suspected abuse/neglect using this website?

No. The Health Insurance Portability and Accountability Act (HIPAA) was never intended to prohibit, delay, or otherwise interfere with reporting or providing information necessary to investigate suspected child abuse or neglect.

The Privacy Rule permits covered health care providers and other covered entities to disclose reports of child abuse or neglect to public health authorities or other appropriate government authorities. See 45 C.F.R. 164.512(b)(1)(ii). Thus, there is no conflict between the State law and the Privacy Rule, and no preemption. Covered entities may report such information and be in compliance with both the State law and the Privacy Rule.

Further, even in the unusual case where a State law that provides for the reporting of disease or injury, child abuse, birth, or death, or for public health surveillance, investigation, or intervention is contrary to a provision of the Privacy Rule – that is, it is impossible for a covered entity to comply with both the Privacy Rule and the State law, or the State law is an obstacle to accomplishing the full purposes and objectives of HIPAA’s Administrative Simplification provisions – the Administrative Simplification Rules specifically provide an exception to preemption of State law.

Thus, if a provision of State law provided for public health surveillance and was contrary to the Privacy Rule, the State law would prevail. Because the Administrative Simplification Rules except such contrary State laws from preemption, it is neither necessary nor appropriate to request a preemption exception determination from the Department of Health and Human Services.

North Carolina legislation requires that the person making the report give his or her name, address, and telephone number. However, refusal of the person making the report to identify himself or herself does not relieve the county child welfare agency of its responsibility for conducting a CPS Assessment.

North Carolina statute requires that:

• The identity of the person making the report and
• All information obtained during a CPS Assessment must be held in the strictest confidence by the county child welfare agency.

Exceptions for releasing reporter information include:

• Law enforcement when they are assisting with the CPS Assessment, or
• Court action.

 

This statute does not grant the right for the reporter to remain anonymous.

Statute 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.

 

• Department of Social Services:
  • YFS Information Line: 1-980-314-7700
    • General inquiries about Child Protective Services, Existing Cases, Social Workers and Community Resources.
    • https://www.mecknc.gov/dss/admin/Pages/YouthandFamilyServicesDivision.aspx
  • CPS Hotline: 1-980-314-3577 or 1-980-31-HELPS
    • Report child abuse, neglect or human trafficking 24 hours a day.
    • https://www.mecknc.gov/dss/children/Pages/MecklenburgCountyChildAbuseAwarenessCoalition.aspx
  • Foster Care Helpline/ KIDS Line: 1-704-336-5437 or 1-704-336-KIDS
    • Learn about adopting or foster parenting.
    • https://www.mecknc.gov/dss/children/Pages/AdoptionRequestForm.aspx
  • Adult Services Care Line: 1-704-336-2273 or 1-704-336-CARE
    • Report abuse, neglect or exploitation of an older or disabled adult 24 hours a day.
    • https://www.mecknc.gov/dss/adults/Pages/default.aspx
  • Community Resources:
    • Greater Charlotte Hope Line (Safe Parenting/Domestic Violence/Sexual Assault): 1-980-771-HOPE or 1-980-771-4673
      • Get help with parenting support, domestic violence and sexual assault 24 hours a day.
      • http://www.safealliance.org/donations/greater-charlotte-hope-line/
    • Mecklenburg County Mobile Crisis Team: 1-704-566-3410 then option '1'
      • Get mental health crisis support [first-responders] 24 hours a day.
      • https://www.thesantegroup.org/mecklenburg-county-crisis
    • Cardinal Innovations: 1-800-939-5911 (24 Hour Crisis Line)
      • Access services for intellectual or developmental disabilities, mental health or substance disorders.
      • https://www.cardinalinnovations.org/

Disclaimer: Call 911 or your local law enforcement agency if you have an emergency or life- threatening situation that must be dealt with immediately

 

 

Physical Abuse:

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.

Situations when the parent/caretaker knows that the environment has a substantial risk for serious non-accidental abuse or injury 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”.

Sadistic measures including when 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.

Extreme confinement measures would include any type of activity the parent/caretaker uses to severely restrict the child, such as tying the child up with rope, duct tape, using a chain to keep the child in one place. This also includes locking the child up in any manner which threatens the child’s 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.

Threatening and/or using a gun, knife or any item that may be 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.

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, or hot peppers. The child’s age and cognitive abilities should be considered as to whether the allegations fit most appropriately under the physical abuse guidelines or with the improper discipline guidelines.

 

Moral Turpitude:

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 an 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.

 

Sex Abuse:

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.

The use of children in the production of obscene films, photographs, and/or slides is sexual abuse. The parent/caretaker encouraging the child to watch obscene material is also sexual abuse. 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. The parent/caretaker to entice, force, encourage, supervise, support, advise, or protect the commercial sexual activities of the child.

When the parent/caretaker has knowledge that siblings are engaging in sexual activity and permits/encourages the continuation of this activity a CPS Assessment must occur. Reports alleging sexual activity between children under age 16 may provide cause to examine the supervision provided by their parents/ 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.

If a substantiated perpetrator or an individual convicted of a sexual offense against a child has established residence where juveniles reside, those persons having suspicion of risk in the new environment are obligated to report. The screening decision must be based on current risk. If it is believed the children are at risk, the report must be accepted for CPS assessment.

 

Human Trafficking:

Exploitation of children occurs when individuals buy, trade, or sell children for the purposes of sex or to perform labor. Sexual exploitation may include, but is not limited to, allowing or forcing the child to engage in prostitution or the production of child pornography. Exploiting a child for labor may involve coercing or forcing the child to perform labor in various settings, such as agricultural work, hospitality work in hotels or restaurants, or domestic work. Signs of physical abuse, restraint, torture, or deprivation may be present. A child who is sold or traded for the purposes of sex or labor by his/her parent, guardian, custodian or caretaker is an abused child. A child whose parent, guardian, custodian or caretaker allows the child to be sold or traded for sex or labor is an abused child.

A parent, guardian, custodian, or caretaker who:

• has directly or indirectly given, promised, or has received anything of value or to satisfy a debt;
• has exchanged his/her child for the purposes of sex or labor; and/or,
• has allowed the child to be exchanged for something of value or to pay a debt for the purpose that the child be used for sex or labor has trafficked that child or allowed the child to be trafficked. Trafficking the child or allowing the child to be trafficked is abuse.

A child working long hours for little or no pay; particularly in dangerous jobs or jobs which are illegal for him/her to perform suggest he/she may be a victim of labor trafficking or labor exploitation. A parent, guardian, custodian, or caretaker who deceives, coerces, intimidates, or forces or a child to perform labor, whether or not for compensation or the satisfaction of a debt, or who allows the child to be deceived, coerced, intimidated, or forced to perform labor, whether or not for compensation or the satisfaction of a debt, is trafficking the child. Trafficking a child, whether for sex or labor, is abuse.

 

Emotional Abuse:

When making screening decisions with regards to emotional abuse, 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 or is at risk of causing serious emotional damage. 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 stuttering 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; rather factors to consider when making a decision to accept a report for a CPS Assessment.

Potential serious emotional damage may be caused if the parent/caretaker continually uses rejecting statements such as, “I wish you were never born.” It is also concerning for possible emotional abuse if the parent/caretaker sees the child as responsible for his or her problems.

Potential serious emotional damage may be caused if the parent/caretaker continually uses critical statements such as, “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, meaning the child bears the blame for anything that goes wrong within the family system.

Potential serious emotional damage may be caused if the parent/caretaker continually uses insulting statements such as, “I can’t believe you would be so stupid.” This includes describing the child as ugly, evil, or in any demeaning or degrading manner. This also includes using sexualized language such as whore or slut to describe the child.

Potential serious emotional damage may be caused if the parent/caretaker continually uses humiliation tactics such as embarrassing the child in front of other people; cursing at the child; and belittling the child.

Potential serious emotional damage may be caused if the parent/caretaker continually uses isolation tactics such as prohibiting the child from playing with friends and neighbors who are appropriate for the child’s age and development. Isolation tactics would further include actions that the parent/caretaker takes to prevent the child from forming friendships with others, and/or teach the child they are alone in the world.

Potential serious emotional damage may be caused if the parent/caretaker continually uses terrorizing tactics such as, “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.

 

Improper Care:

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 must occur when a child shows symptoms of malnutrition, dehydration, or food poisoning.

Clothing neglect exists must occur 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. Consideration is given to whether the clothing is sufficient to protect the child from the elements and health hazards.

Improper 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.

Failure 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.

Education: Educational neglect pertains to the failure of the parent/caretaker to meet the child's educational needs. Educational neglect may take the form of permitted chronic truancy, failure to enroll or provide alternative education, or inattention to special education needs. The allegation of permitted chronic truancy would apply after the inability of the school to engage the parent/caretaker in efforts to improve the child's attendance. N.C.G.S. §115C-378 describes a school principal's responsibilities in relation to children who are repeatedly absent and sets out circumstances in which a principal must to notify DSS regarding unlawful absences.

In North Carolina, children between the ages of seven and sixteen must be enrolled in a public school or an equivalent, or receive private instruction through home schooling. Educational neglect may take the form of failure to home school, to register, or to enroll a child of mandatory school age. North Carolina courts have consistently found that it is "fundamental that a child who receives proper care and supervision in modern times is provided a basic education” and that willful failure and refusal to send children to school or to provide children with an alternative education, constitutes neglect for improper care and injurious environment. In re McMillan, 30 N.C. App. 235 (1976)

Lastly, educational neglect may take the form of refusing to allow or failing to obtain recommended special education or remedial education services. The North Carolina Court of Appeals, found neglect where a father refused to send his mentally handicapped child to public school, and its special education programs, because the father insisted on educating his children at home. In re Devone, 86 N.C. App. 57 (1987) The Court noted that the child needed additional stimulation outside the home and that denial of the remedial care available in the public schools constituted neglect and lack of proper care. The Devone Court, quoting In re Huber, 57 N.C. App. 453 (1982), stated that “[t]o deprive a child of the opportunity for normal growth and development is perhaps the greatest neglect a parent can impose upon a 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.

 

Improper Supervision:

No legal age for when a child can stay at home alone has been established; however, NC fire code specifies that children under age eight should not be locked or confined. A report alleging a child under age six left alone must have 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?

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.

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 childcare 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. The parent/caregiver can be present while the 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. In a situation where the reporter alleges a young child is playing in a busy street, a CPS Assessment must occur.

Sexual activity between children under age 16 may provide cause to examine the supervision provided by his or her parent/caretakers. Refer to the 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; improper 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/caretaker 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 be accepted 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 be accepted for assessment.

 

Improper Discipline:

The law does not prohibit the use of reasonable methods of parental discipline or recommend particular methods. Parents have the right to physically discipline their child as long as the punishment is reasonable and appropriate for the child’s age and stage of development. Improper Discipline occurs when a parent/caretaker uses corporal punishment that creates minor physical marks such as bruises and/or welts greater than minor temporary redness of skin lasting more than 24 hours or any other disciplinary act(s) unreasonable and/or inappropriate for the child’s age, size, condition and abilities that does not rise to the level of abuse.

Examples of unreasonable and inappropriate acts of discipline include, but are not limited to:

• Child standing in one place for an extended amount of time
• Requiring the child to consume nonfood items or inappropriate amounts of food or water
• Parent use 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.

 

Abandonment:

Abandonment is a willful act; a conscious decision 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 who is willing to continue to provide care for the child should not be accepted for CPS Assessment under the abandonment category. The grandparent should be referred to community resources to assist with obtaining legal custody.

Another consideration is the appropriateness of the alternate caretaker and his or her 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 caretaker.

 

Improper Medical/Remedial Care:

A parent/caretaker’s refusal or failure to seek, obtain, and/or maintain those services for necessary medical, dental, or mental health care. This category includes the parent/caretaker not seeking treatment for the child’s immediate, chronic, and/or dangerous medical condition or does not follow prescribed treatment. If the child has exceptional needs, such as being medically fragile, which the parent/caretaker does not or cannot meet, a CPS Assessment may be warranted. If the child is suicidal and the parent/caretaker will not/cannot take protective action, a CPS Assessment is warranted.

A parent/caretaker’s refusal to meet the child’s necessary rehabilitative care such as speech therapy and physical therapy, as well as, remedial care such as the proper treatment for a hearing defect.

Note: 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.

 

Injurious Environment:

There are 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 the 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.

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; and 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. 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.

The potential exists for a child to be negatively impacted when the parent/caretaker engages in activities such as manufacturing and/or distributing drugs/alcohol, operating a gaming house, or organizing a shoplifting ring which lead to constant disruption of the home environment as evidenced by heavy traffic in the home. 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.

If a substantiated perpetrator or an individual convicted of a sexual offense against a child has established residence where juveniles reside, those persons having suspicion of risk in the new environment are obligated to report. The screening decision must be based on current risk.

 

Substance Abuse:

When the substance abuser’s use rises to the level that he or she is willing to place his or her needs to satisfy the addiction above providing proper care to the child, it is problematic and must be accepted for CPS Assessment in the absence of an alternative arrangement for ensuring those basic needs are provided to the child. In situations when other family/friends/other support networks are ensuring that the child is provided with food, clothing, and 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 his or her child. Illegal and legal drugs have the potential to become problematic when they are abused.

Parenting skills are affected by substance use, depending upon the parent/caretaker’s level of dependency on the substance. The capacity to provide proper care will vary. Many times, the parent/caretaker makes arrangements for care to be provided to the 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 the caretaking ability in such a manner that his or she is not providing proper supervision and care, then those reports must be accepted for CPS assessment.

If a parent or caretaker is criminally charged with a DWI offense while a child is in the car, the report must be accepted for assessment. The county child welfare agency maintains discretion in the classification of this allegation, meaning that depending on the circumstances this type of report may be accepted as a neglect report or as an abuse report.

Since North Carolina General Statutes 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 automatically warrant a CPS Assessment. Newborn children who have a positive urine or meconium toxicology for drugs or alcohol are considered at risk and those situations must be accepted for a CPS Assessment.

The children who live in and around methamphetamine or other drug-manufacturing laboratories have a high risk of harm due to their developmental nature. Under these circumstances, the children are at increased risk due to 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 drug-manufactoring laboratory must be accepted for an Investigative Assessment.

 

Substance Affected Infant:

The Child Abuse and Prevention Treatment Act (CAPTA) requires that health care providers involved in the delivery and care of an infant affected by substance abuse, withdrawal symptoms resulting from prenatal drug exposure or a Fetal Alcohol Spectrum Disorder must notify the child protective services system. However, the notification requirement does not establish a definition under Federal law of what constitutes child abuse or neglect. In North Carolina, the notification must occur upon identification of the infant as a “substance affected infant,” as defined by the North Carolina Department of Health and Human Services. Thus, a report that an infant has been identified as affected by substance use resulting from prenatal drug exposure does not always mean that child welfare services are appropriate. Thus, a report that an infant has been identified as affected by substance use resulting from prenatal drug exposure does not always mean that child welfare services are appropriate.

 

Domestic Violence:

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 adult victim. There is a real possibility that the child could be physically injured when intervening in domestic violence situations. The child fearing for his or her life or for the lives of any family members is evidence that the violence is having a serious impact on his or her mental/emotional health. There is a correlation between pet abuse and domestic violence, as it is a predictor of a batterer’s lethality.

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 his or her age. This includes not only a situation where a child is present to witness violence, but also must include a situation when a child may have knowledge that violence is occurring in their home. For example, a child reporting that he or she hears one parent/caretaker threatening the life of the parent/caretaker; he or she reports seeing injuries on a parent/caretaker after an altercation; or a parent/caretaker is reporting to the child he or she was assaulted by the other parent/caretaker. An assessment of the impact of exposure is needed, as some children are more resilient than others.

Police involvement is one indication there is a history of domestic violence and that the non-offending adult victim 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.

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. The presence of a weapon or weapons creates a risk for potential use. The use of weapons increases the potential for deadly violence. Batterers will often control access to basic necessities to maintain power in the family. Examples include control over access to food, shelter, clothing, education, mental health, and medical care.

 

Family Violence:

Family Violence is considered to be any form of abuse, mistreatment or neglect that a child or adult experiences from a family member, or from someone with whom they have an intimate relationship.

 

Illegal Placement/Adoption:

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 medical expenses, counseling services expenses, and/ or reasonable or actual expenses for ordinary living expenses, etc. for the mother. It is neglectful to accept payment in kind for a child, such as trading a child for a car.

A parent/caretaker cannot 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.

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 that 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 state sending the child 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.

 

Dependency:

A child can be dependent due to the absence of a parent/caretaker. The parent/caretaker’s absence may be due to hospitalization, incarceration, or any situation in which the parent/caretaker is unavailable and there are no alternative arrangements to provide appropriate care. Dependency also refers to the lack of ability of the parent/caretaker. A parent who is hospitalized or incarcerated is not necessarily unwilling to provide care but is unable to provide care due to the present circumstances.

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 care. If the parent/caretaker fails to ensure an appropriate alternative child care arrangement, the child is dependent.

 

Companion Case:

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 by an adult who regularly lives in the home. 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.North Carolina General Statute §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. North Carolina General Statute §7B-302b requires that all children living in the home of the reported victim child shall 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.

 

IMPORTANT DISCLAIMER NOTICE

This information on the web application is provided as a service of Mecklenburg County Government for the purpose of reporting suspected child abuse, neglect, or dependency that does not require an emergency response.