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North Carolina General Statute (NC GS 7B-101) defines what is child abuse and child neglect.
Physical Abuse is defined as any child younger than 18 whose parent, guardian, custodian, or caregiver:
Sexual Abuse is defined as any child younger than 18 whose parent, guardian, custodian, or caregiver commits, permits, or encourages the commission of a violation of the following laws regarding sexual offenses by, with, or upon the child:
Emotional Abuse is defined by any child younger than 18 years whose parent, guardian, custodian, or caregivers creates or allows to be created serious emotional damage to the child. Serious emotional damage is evidenced by a child's severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others.
Neglect is defined by any child younger than 18:
The following may indicate the presence of child abuse or neglect. There are many reasons a child may not want to go home on a particular day or may be overly compliant when they are trying to please a favorite teacher or trusted adult. However, when you have a cluster of two or more of these, this should raise a red flag to at least talk to the child and or parent, or potentially call your Child Protective Services, depending on the circumstances. It is important to remember that issues related solely to poverty are not considered child maltreatment issues.
For the child:
For the parent or other caregiver:
Every child abuse, neglect, and or dependency report that is made to the Department is documented and screened to determine if the allegations meet the legal definition of abuse, neglect, or dependency. The Department can only accept reports that are made against a child's parent, guardian, custodian, or caretaker. If the Department receives a report that meets the criteria of abuse, neglect, or dependency, but it is not against the parents, guardian, custodian, or caretaker, the report is then referred to the appropriate law enforcement entity. If the report does not meet criteria for abuse, neglect, or dependency the Department documents the reasons it does not and the person who made the report will receive a letter. If the allegations meet criteria, then a formal assessment is begun.
Once a report of child abuse, neglect, or dependency has been accepted by the Department, it is then assigned to a social worker to complete an assessment. There are two types of approaches to completing assessments. When the report alleges any type of abuse or serious neglect, it is assigned as an investigative assessment. This is a more forensic approach with families. On abuse cases, the social worker typically has to respond and interview the child and parents or caretakers immediately or within 24 hours of the allegations being reported to the Department. The social worker will work closely with law enforcement during the investigative assessment. When the report alleges neglect, it is assigned as a family assessment. The social worker typically has 72 hours from the time the report is made to the Department to respond to the family. In family assessments, the social worker typically calls the family first to inform them the Department received a report and meets and talks to the family together.
Regardless of whether the report is accepted as an investigative assessment or a family assessment, our most important responsibility in working with families is ensuring that children are safe. In all cases, we develop safety plans with families that identify any safety issues that may be present for the children and make a plan with the family to reduce the risk to the children. All assessments include the social worker observing the environment where the child resides and assessing the child's medical, physical, mental health, educational, and emotional needs. Family input, accessing community and family resources, and safety planning are very important in keeping children safe. The family's cooperation and consent is critical and helps in this process. Our goals are always to keep children safe and keep families together whenever possible.
At the conclusion of our assessments, the Department makes a finding of whether or not abuse, neglect or dependency is present and if continued services through the Department are needed to ensure the safety of the children.
If abuse or neglect, as defined by North Carolina law, is not found, the child protective services case is closed. Child Protective Services would not have further involvement unless another report was received by the Department and screened in for an assessment.
If abuse or neglect, as defined by North Carolina law, is found, the case is then typically transferred to another social worker to work with the family to resolve the issues that led to the abuse and/or neglect. The primary concern continues to be the child's safety and protection. Once a substantiation or finding of services needed is made, then the Department provides what we call CPS In-Home Services. These are legally mandated services and they are considered involuntary services. These are the most intensive services and contacts with the family that is provided by the Department. The goal is to maintain the children safely in the family home. The social worker works with the family to determine what activities need to be completed to reduce risk to the children and ensure safety. One strategy we use in working with families is setting up Child and Family Team Meetings. The goal of these meetings is to assist the family and their support system in making a safe plan for their children. The CPS In-Home social worker coordinates interventions and services that focus on child safety and protection and family preservation. The Department is responsible for making reasonable efforts to maintain the child safely in the home and our goal is always to keep families together, but when safety in the child's own home cannot be assured, the Department is mandated to take immediate action to protect the child. This sometimes leads to placing children outside of the home or in the Department's custody and into foster care. Bringing a child into foster care is used only as a last resort to protect children from serious harm. To place a child into foster care, the Department must file a petition with Juvenile Court alleging abuse, neglect, or dependency.
Anyone can make a report of child abuse and/or child neglect by calling, writing, or visiting the Child Protective Services Unit at the New Hanover County Department of Social Services. You can make a child abuse or neglect report 24 hours a day, 7 days a week.