GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 516
The General Assembly of North Carolina enacts:
Section 1. G.S. 7A-517(1) reads as rewritten:
"(1) Abused Juveniles. -
Any juvenile less than 18 years of age whose parent or other person
responsible for his care: parent, guardian, custodian, or caretaker:
a. Inflicts or
allows to be inflicted upon the juvenile a serious physical injury by
other than accidental means which causes or creates a substantial risk of
death, disfigurement, impairment of physical health, or loss or impairment of
function of any bodily organ; means; or
b. Creates or
allows to be created a substantial risk of serious physical injury to
the juvenile by other than accidental means which would be likely to cause
death, disfigurement, impairment of physical health, or loss or impairment of
the function of any bodily organ; means; or
b1. Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior; or
c. Commits,
permits, or encourages the commission of a violation of the following laws by,
with, or upon the juvenile: first degree rape, as provided in G.S. 14-27.2;
second degree rape as provided in G.S. 14-27.3; first degree sexual offense, as
provided in G.S. 14-27.4; second degree sexual offense, as provided in G.S.
14-27.5; sexual act by a custodian, as provided in G.S. 14-27.7; crime against
nature, as provided in G.S. 14-177; incest, as provided in G.S. 14-178 and
14-179; preparation of obscene photographs, slides or motion pictures of the
juvenile, as provided in G.S. 14-190.5; employing or permitting the juvenile to
assist in a violation of the obscenity laws as provided in G.S. 14-190.6;
dissemination of obscene material to the juvenile as provided in G.S. 14-190.7
and G.S. 14-190.8; displaying or disseminating material harmful to the juvenile
as provided in G.S. 14-190.14 and G.S. 14-190.15; first and second degree
sexual exploitation of the juvenile as provided in G.S. 14-190.16 and G.S.
14-190.17; promoting the prostitution of the juvenile as provided in G.S.
14-190.18; and taking indecent liberties with the juvenile, as provided in G.S.
14-202.1, regardless of the age of the parties. parties; or
d. Creates or
allows to be created serious emotional damage to the juvenile juvenile.
and refuses to permit, provide for, or participate in treatment. Serious
emotional damage is evidenced by a juvenile's severe anxiety, depression,
withdrawal or aggressive behavior toward himself or others; or
e. Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile."
Sec. 2. G.S. 7A-517(5) reads as rewritten:
"(5) Caretaker. - Any person
other than a parent who has the care of a juvenile. Caretaker includes any
blood relative, stepparent, foster parent, house parent, cottage parent, or
other person supervising a juvenile in a child-care facility. parent,
guardian, or custodian who has responsibility for the health and welfare of a
juvenile in a residential setting. A person responsible for a juvenile's
health and welfare means a stepparent, foster parent, an adult member of the
juvenile's household, an adult relative entrusted with the juvenile's care, or
any person such as a house parent or cottage parent who has primary
responsibility for supervising a juvenile's health and welfare in a residential
child care facility or residential educational facility. 'Caretaker'
also means any person who has the responsibility for the care of a juvenile in
a child day care home or child day care facility as defined in G.S.
110-86 as defined in Article 7 of Chapter 110 of the General Statutes and
includes any person who has the approval of the care provider to assume
responsibility for the juveniles under the care of the care provider. Nothing
in this subdivision shall be construed to impose a legal duty of support under
Chapter 50 or Chapter 110 of the General Statutes. The duty imposed upon
a caretaker as defined in this subdivision shall be for the purpose of Chapter
7A of the General Statutes only."
Sec. 3. G.S. 7A-517(13) reads as rewritten:
"(13) Dependent Juvenile. - A juvenile in
need of assistance or placement because he has no parent, guardian guardian,
or custodian responsible for his the juvenile's care or
supervision or whose parent, guardian, or custodian custodian, due to
physical or mental incapacity and the absence of an appropriate alternative
child care arrangement, is unable to provide for his the care
or supervision."
Sec. 4. G.S. 7A-543 reads as rewritten:
"§ 7A-543.
Duty to report child abuse or neglect. abuse, neglect, dependency, or
death due to maltreatment.
Any person or institution who has cause to suspect that any juvenile
is abused or neglected abused, neglected, or dependent, as defined by
G.S. 7A-517, 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 report may be made
orally, by telephone, or in writing. 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
or neglect 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. If the report is
made orally or by telephone, the person making the report shall give his the
person's name, address, and telephone number. Refusal of the person
making the report to give his a name shall not preclude the
Department's investigation of the alleged abuse or neglect. abuse,
neglect, dependency, or death as a result of maltreatment.
In the case of any report of abuse, the Director of Social
Services, upon receipt of the report, may immediately provide the appropriate
local law-enforcement agency with information on the nature of the
report. The law-enforcement agency may investigate the report, and upon
request of the Director of the Department of Social Services, the
law-enforcement agency shall provide assistance with the investigation.
Upon receipt of any report of child sexual abuse in a day care facility or day care home, the Director shall notify the State Bureau of Investigation within 24 hours or on the next work day. If child sexual abuse in a day care facility or day care home is not alleged in the initial report, but during the course of the investigation there is reason to suspect that child sexual abuse has occurred, the Director shall immediately notify the State Bureau of Investigation. Upon notification that child sexual abuse may have occurred in a day care facility or day care home, the State Bureau of Investigation may form a task force to investigate the report."
Sec. 5. G.S. 7A-544 reads as rewritten:
"§ 7A-544. Investigation by Director; access to confidential information; notification of person making the report.
When a report of abuse or neglect abuse, neglect,
or dependency is received, the Director of the Department of Social
Services shall make a prompt and thorough investigation 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 the report alleges
abuse, the Director shall immediately, but no later than 24 hours after receipt
of the report, initiate the investigation. When the report alleges neglect, neglect
or dependency, the Director shall initiate the investigation within 72
hours following receipt of the report. The investigation and evaluation
shall include a visit to the place where the juvenile resides. All information
received by the Department of Social Services shall be held in strictest
confidence by the Department.
When a report of a juvenile's death as a result of suspected maltreatment is received, the Director of the Department of Social Services shall immediately ascertain if other juveniles remain in the home, and, if so, initiate an investigation in order to determine whether they require protective services or whether immediate removal of the juveniles from the home is necessary for their protection.
If the investigation reveals abuse or neglect, indicates
that abuse, neglect, or dependency has occurred, the Director shall decide
whether immediate removal of the juvenile or any other juveniles in the home is
necessary for their protection. If immediate removal does not seem
necessary, the Director shall immediately provide or arrange for protective
services. If the parent or other caretaker refuses to accept the
protective services provided or arranged by the Director, the Director shall
sign a complaint seeking to invoke the jurisdiction of the court for the
protection of the juvenile or juveniles.
If immediate removal seems necessary for the protection of the juvenile or other juveniles in the home, the Director shall sign a complaint which alleges the applicable facts to invoke the jurisdiction of the court. Where the investigation shows that it is warranted, a protective services worker may assume temporary custody of the juvenile for the juvenile's protection pursuant to Article 46 of this Chapter.
In performing any of these duties, the Director may utilize
the staff of the county Department of Social Services or any other public or
private community agencies that may be available. The Director may also consult
with the consult with any public or private agencies or individuals,
including the available State or local law-enforcement officers who shall
assist in the investigation and evaluation of the seriousness of any report of abuse
or neglect abuse, neglect, or dependency when requested by the
Director. The Director or the Director's representative may make a
written demand for any information or reports, whether or not confidential,
that may in the Director's opinion be relevant to the protective services
case. Upon the Director's or the Director's representative's request and
unless protected by the attorney-client privilege, any public or private agency
or individual shall provide access to and copies of this confidential
information and these records to the extent permitted by federal law and
regulations. If a custodian of criminal investigative information or records
believes that release of such information will jeopardize the right of the
State to prosecute a defendant or the right of a defendant to receive a fair
trial or will undermine an ongoing or future investigation, it may seek an
order from a court of competent jurisdiction to prevent disclosure of the
information. In such an action, the custodian of the records shall have the
burden of showing by a preponderance of the evidence that disclosure of the
information in question will jeopardize the right of the State to prosecute a
defendant or the right of a defendant to receive a fair trial or will undermine
an ongoing or future investigation. Actions brought pursuant to this paragraph
shall be set down for immediate hearing, and subsequent proceedings in such
actions shall be accorded priority by the trial and appellate courts.
Unless a petition is filed within Within five
working days after receipt of the report of abuse or neglect, abuse,
neglect, or dependency, the Director shall give written notice to the
person making the report that: report, unless requested by that
person not to give notice, as to whether the report was accepted for investigation
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 investigation, 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.
(1) There is no
finding of abuse or neglect; or
(2) The county
Department of Social Services is taking action to protect the welfare of the
juvenile and what specific action it is taking.
The notification The second notification shall
include notice that, if the person making the report is not satisfied with the
Director's decision, he may request review of the decision by the prosecutor
within five working days of receipt. The person making the report may
waive his right to this notification and no notification is required if the
person making the report does not identify himself to the Director."
Sec. 6. G.S. 7A-544.1(b) reads as rewritten:
"(b) For purposes of this
section, obstruction of or interference with an investigation means refusing to
disclose the whereabouts of the juvenile, refusing to allow the director to
have personal access to the juvenile, refusing to allow the director to observe
or interview the juvenile in private, refusing to allow the Director access
to confidential information and records upon request pursuant to G.S. 7A-544, refusing
to allow the director to arrange for an evaluation of the juvenile by a
physician or other expert, or other conduct that makes it impossible for the
director to carry out his the duty to investigate."
Sec. 7. G.S. 7A-547 reads as rewritten:
"§ 7A-547. Review by prosecutor.
The prosecutor shall review the Director's determination that
a petition should not be filed within 20 days after the person making the
report is notified. The review shall include conferences with the person
making the report, the protective services worker, the juvenile, if
practicable, and other persons known to have pertinent information about the
juvenile or his the juvenile's family. At the conclusion of
the conferences, the prosecutor may affirm the decision made by the Director
Director, may request the appropriate local law enforcement agency to
investigate the allegations, or may authorize the filing of direct
the Director to file a petition."
Sec. 8. G.S. 7A-548 reads as rewritten:
"§ 7A-548. Duty of Director to report evidence of abuse, neglect; investigation by local law enforcement; notification of Department of Human Resources and State Bureau of Investigation.
(a) If the Director finds
evidence that a juvenile has may have been abused as defined by
G.S. 7A-517(1), he the Director shall immediately make a
an immediate oral and subsequent written report of the findings of
his investigation to the district attorney, who shall determine if criminal
prosecution is appropriate, and who may request the Director or his designee to
appear before a magistrate. attorney or the district attorney's designee
and the appropriate local law enforcement agency within 48 hours after receipt
of the report. The local law enforcement agency shall immediately, but no
later than 48 hours after receipt of the information, initiate and coordinate a
criminal investigation with the protective services investigation being
conducted by the county Department of Social Services. Upon completion of
the investigation, the district attorney shall determine whether criminal
prosecution is appropriate and may request the Director or the Director's
designee to appear before a magistrate.
If the Director receives information that a juvenile has may
have been physically harmed in violation of any criminal statute by any
person other than the juvenile's parent or other person responsible for his
care, parent, guardian, custodian, or caretaker, he the
Director shall make an immediate oral or and subsequent written
report of that information to the district attorney or the district attorney's
designee and to the appropriate local law enforcement agency within 24
48 hours after receipt of the information. The local law
enforcement agency shall immediately, but no later than 48 hours after receipt
of the information, initiate a criminal investigation. Upon completion of
the investigation, the district attorney shall determine whether criminal
prosecution is appropriate.
If the report received pursuant to G.S. 7A-543 involves abuse or neglect of a juvenile in day care, either in a day care facility or a day care home, the Director shall notify the Department of Human Resources within 24 hours or on the next working day of receipt of the report.
(a1) If the Director finds evidence that a juvenile has been abused or neglected as defined by G.S. 7A-517 in a day care facility or day care home, he shall immediately so notify the Department of Human Resources and, in the case of child sexual abuse, the State Bureau of Investigation, in such a way as does not violate the law guaranteeing the confidentiality of the records of the Department of Social Services.
(a2) Upon completion of the investigation, the Director shall give the Department written notification of the results of the investigation required by G.S. 7A-544. Upon completion of an investigation of child sexual abuse in a day care facility or day care home, the Director shall also make written notification of the results of the investigation to the State Bureau of Investigation.
The Director of the Department of Social Services shall
submit a report of alleged abuse or neglect abuse, neglect, or
dependency cases or child fatalities that are the result of alleged
maltreatment to the central registry under the policies adopted by the
Social Services Commission."
Sec. 9. G.S. 7A-550 reads as rewritten:
"§ 7A-550.
Immunity of persons reporting. reporting and cooperating in an
investigation.
(a) Anyone who
makes a report pursuant to this Article, cooperates with the county department
of social services in any ensuing a protective services inquiry
or investigation, testifies in any judicial proceeding resulting from the
report, a protective services report or investigation, or otherwise
participates in the program authorized by this Article, is immune from any
civil or criminal liability that might otherwise be incurred or imposed for
such action provided that the person was acting in good faith. In any
proceeding involving liability, good faith is presumed.'"
Sec. 10. G.S. 7A-551 reads as rewritten:
"§ 7A-551. Privileges not grounds for failing to report or for excluding evidence.
Neither the physician-patient privilege, the psychologist-client
privilege, nor the husband-wife privilege No privilege shall be grounds
for any person or institution failing to report that a juvenile may have been
abused, neglected, or dependent, even if the knowledge or suspicion is acquired
in an official professional capacity, except when the knowledge or suspicion is
gained by an attorney from that attorney's client during representation only in
the abuse, neglect or dependency case. No privilege, except the
attorney-client privilege, shall be grounds for excluding evidence of abuse
or neglect abuse, neglect, or dependency in any judicial proceeding
(civil, criminal, or juvenile) in which a juvenile's abuse or neglect abuse,
neglect, or dependency is in issue nor in any judicial proceeding resulting
from a report submitted under this Article, both as said privileges relate this
privilege relates to the competency of the witness and to the exclusion of
confidential communications."
Sec. 11. G.S. 7A-552 reads as rewritten:
"§ 7A-552. Central registry.
The Department of Human Resources shall maintain a central
registry of abuse and neglect cases abuse, neglect, and dependency
cases and child fatalities that are the result of alleged maltreatment that are
reported under this Article in order to compile data for appropriate study
of the extent of abuse and neglect within the State and to identify repeated
abuses of the same juvenile or of other juveniles in the same family.
This data shall be furnished by county directors of social services to the
Department of Human Resources and shall be confidential, subject to policies
adopted by the Social Services Commission which provide providing for
its appropriate use for study and research. research and for
other appropriate disclosure. Data shall not be used at any hearing
or court proceeding unless based upon a final judgment of a court of law."
Sec. 12. G.S. 122C-54(h) reads as rewritten:
"(h) A facility may shall
disclose confidential information for purposes of complying with Article 44
of Chapter 7A of the General Statutes and Article 6 of Chapter 108A of the
General Statutes, or as required by other State or federal law."
Sec. 13. Nothing in this act obligates the General Assembly to make any appropriations to implement it.
Sec. 14. This act becomes effective October 1, 1993, and applies to allegations of abuse, neglect, or dependency initiating on or after that date.
In the General Assembly read three times and ratified this the 24th day of July, 1993.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives