Based on Reporting Child Abuse in North Carolina, (Mason, 2013), North Carolina has two mandated reporting laws when there is cause to suspect that a child is abused, neglected, dependent, or maltreated.
Both of these laws will likely apply to early childhood educators/caregivers
The first law, on Reporting Child Abuse, is part of North Carolina’s child welfare system and is found in the state Juvenile Code.
The purpose of the child welfare system is to protect children from abuse, neglect, or dependency created by a parent, guardian, custodian, or caretaker. The child welfare system has additional purposes, including:
- providing fair procedures that protect the constitutional rights of parents and children;
- developing a disposition that considers the child’s needs and the strengths and weaknesses of the family;
- providing services that respect family autonomy and the child’s needs for safety, continuity, and permanence;
- providing standards consistent with the prevention of unnecessary or inappropriate separations of children from their parents; and
- providing standards that ensure a child’s best interests is the court’s paramount consideration, and, when it is not in a child’s best interest to be returned home, that the child will be placed in a safe, permanent home within a reasonable period of time.
While these two systems have a shared purpose, namely, protecting children, they do so in different ways. One system (the child welfare system) consists of governmental action that involves itself in a family’s private life, and the other system (the child care facilities licensing system) involves government action that regulates child care facilities.
The new mandated reporting law that applies to children in child care facilities states that [a]ny person who has cause to suspect that a child in a child care facility has been maltreated, as defined by G.S. 110-105.3, or has died as the result of maltreatment occurring in a child care facility, shall report the case of that child to the Department [of Health and Human Services, Division of Child Development and Early Education].
Who Must Report? Everyone must report. Both mandated reporting laws use the phrase “any person who has cause to suspect” when identifying who is obligated to report suspected child maltreatment, abuse, neglect, or dependency. North Carolina has universal mandated reporting. There are no exceptions to the obligation to make a report of suspected maltreatment of a child occurring in a child care facility. The reporting obligation applies equally to everyone.
SPECIAL CONSIDERATIONS FOR EMPLOYEES OF CHILD CARE FACILITIES An employee of a child care facility is in the unique position of being able to observe events that occur within the facility. Such observation may cause the employee to suspect that a child is being maltreated by another employee or by a volunteer. The employee is obligated to make a report to the DCDEE.
Recommended tips and guidelines
While it is ideal to connect with a faculty member from your program to receive guidance prior to making a report to DSS or DCDEE, it is not a requirement to talk with faculty before making a report as all NC citizens are under the same mandatory reporting requirements.
- It is important to have the person with the most direct knowledge about the situation make the report.
- It is important to share concerns about the safety of children in a timely manner.
- It is important to gather sufficient information to make the report (e.g., full name of child, caregivers, etc., contact information, etc), but it is not your job to have gathered all of the information about every aspect of the abuse/maltreatment in order to start the report process.
- Use this tool from Prevent Child Abuse NC to think through the various forms of reportable events and contact information for how to make the report
DSS reporting
As a professional caregiver, you will encounter children and families who experience trauma and other difficult circumstances, which may increase the risk of child abuse and neglect. Mandated reporting requires child care professionals to report any suspected abuse or neglect to child protective services. Typically to make a report, you will need the following information:
- Child’s name
- Child’s birth date
- Child’s address
- Parents’ names
- Information about any other children in the home
- The suspected abuse or negligence and if you know who is causing the abuse
- Any other information you think is important
Even if this information is not available and abuse or neglect is suspected, a phone call should be placed to child protective services for the child or youth’s safety. In some states these reports can be made anonymously; however, providing your information ensures that there is documentation that you fulfilled your mandated reporter duties and can be helpful if a case is opened with child protective services. Refer to your program administrator and program’s policies when making a mandated report. (Some programs say to share with the program administrator or director first but if they do not report it – you should report it – it can be anonymous for your protection.)
You can also call the Division of Child Development and Early Education (DCDEE) at 1-800-859-0829 and ask for the Intake Line – this will direct you to the information. The report is taken and then shared with DSS if it falls in their jurisdiction
Sample script for making a report
“Hello my name is ____ and I have concerns about potential ____ abuse for a child named _____. I have the child’s contact information and the caregiver’s information and am prepared to share about what I saw/heard that makes me believe that a child might be in danger.”
To learn more: Complete the FREE, two-hour Prevent Child Abuse NC training linked here: Recognizing and Responding to Suspicions of Child Maltreatment