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Mandated Reporter Quick Reference Guide

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Mandated Reporter Quick Reference Guide Children’s Law Center University of South Carolina School of Law Mandated Reporter Quick Reference Guide Who Are Mandated Reporters? When to Report? S.C. Code Ann. § 63-7-310 identifies the Mandated reporters must make a report following professionals as mandated when information is received in their reporters: professional capacity that gives them reason • Physicians to believe that a child has been or may be • Nurses abused or neglected. • Dentists • Reporting to a supervisor or person in • Optometrists charge of an institution, school, facility, • Coroners or agency does not relieve a mandated • Medical Examiners reporter of his individual duty to report. • Employees of Coroners/Medical • The duty to report is not superseded by Examiners an internal investigation of an institution, • Any other professional in these fields: school, facility, or agency. – Medical (S.C. Code Ann. § 63-7-310(A), (C)) – Emergency Medical Services – Mental Health – Allied Health Where to Report? • School Teachers Reports may be made to the county • Counselors department of social services or to a law • Principals and Assistant Principals enforcement agency in the county where • School Attendance Officers the child resides or is found. • Childcare Workers in Childcare Centers (S.C. Code Ann. § 63-7-310(E)) or Foster Care Facilities • Foster Parents Failure to Report • Police and Law Enforcement Officers • Juvenile Justice Workers A person who is required to report child • Substance Abuse Treatment Staff abuse or neglect and who fails to do so • Social Workers is guilty of a misdemeanor and, upon • Public Assistance Workers conviction, must be fined not more than • Clergy, including Christian Science $500 or imprisoned not more than six Practitioners & Religious Healers (subject months, or both. to laws governing privileged (S.C. Code Ann. § 63-7-410) communication) • Clerical or Nonclerical Religious Additional Information Counselors Who Charge for Services For a detailed overview of mandated • Undertakers reporter requirements and how to make a • Funeral Home Directors report, see the Mandated Reporter Guide • Employees of Funeral Homes found on the Children’s Law Center website • Judges at http://childlaw.sc.edu. • Volunteer Non-Attorney Guardians ad Litem To schedule a free training on Mandated • Computer Technicians Reporting, contact the Children’s Law Center • Persons Responsible for Processing Film at 803-777-1646. However, a person under age 18 is not required to be a mandated reporter. (S.C. Code Ann. § 63-7-310(F)) June 2018 http://childlaw.sc.edu Children’s Law Center University of South Carolina School of Law Clergy as Mandated Reporters Understanding the duty of clergy to report suspected child abuse and neglect and when communications are protected by the clergy-penitent privilege Clergy’s Duty to Report Clergy-penitent Privilege In South Carolina, members of the clergy who The clergy-penitent privilege is the protection are at least 18 years old are mandated reporters of confidential communications between clergy and are required by S.C. Code Ann. § 63-7-310 members and their church members or other to report suspected child abuse or neglect. individuals. To be protected by the clergy- While state law does not provide a definition penitent privilege, a communication must meet of “clergy,” it does specifically identify regular the following four conditions of S.C. Code Ann. or duly ordained ministers, Christian Science § 19-11-90: practitioners, religious healers, rabbis, and priests • It must be confidential; as clergy. • It must be disclosed to a regular or duly As mandated reporters, clergy members must ordained minister, priest, or rabbi; report when in their professional capacity they • It must be entrusted to the clergy member have received information which gives them when acting in his or her professional reason to believe a child has been or may be capacity; and abused or neglected as defined in S.C. Code Ann. § 63-7-20. • It must be one that is necessary and proper to enable the clergy member to discharge the The mandate to report child abuse or neglect functions of his or her office according to the does not require the reporter to know for certain usual course of practice or discipline of his or that a child has been abused or neglected. The her church or religious body. duty to report is triggered when the mandated reporter has the reasonable belief that a child has Failure to Report been or may be abused or neglected. Reporting to a supervisor or person in charge A clergy member who knowingly fails to report, of an institution does not relieve a mandated in an effort to resolve the matter internally with reporter of his or her individual duty to report, the parties involved, could face criminal and civil and the duty to report is not superseded by an liability. A mandated reporter who knowingly internal investigation within an institution.S.C. fails to report is guilty of a misdemeanor Code Ann. § 63-7-310(C). and if convicted, may be fined up to $500, or imprisoned for up to six months, or both. Reporting Requirement Exception S.C. Code Ann. § 63-7-410. The only circumstance in which clergy, including Additional Information Christian Science practitioners and religious healers, are exempt from being required to report For a detailed overview of mandated reporter suspected child abuse or neglect occurs when a requirements and how to make a report, see the clergy member’s only knowledge of the abuse or Mandated Reporter Guide found on the Children’s neglect is based on information received: Law Center website at http://childlaw.sc.edu. • from the alleged perpetrator of the abuse, To schedule a free training for clergy on mandated • during a communication protected by the reporting, contact the Children’s Law Center at clergy-penitent privilege provided for in 803-777-1646. § 19-11-90. S.C. Code Ann. § 63-7-420. June 2018 http://childlaw.sc.edu Children’s Law Center University of South Carolina School of Law Mandated Reporter Guide Understanding your legal duty to report suspected child abuse and neglect TABLE OF CONTENTS I. LEGAL REQUIREMENTS FOR REPORTING . 2 Mandated Reporters When to Report Privileged Communication Where to Report II. PROTECTIONS FOR MANDATED REPORTERS . 3 Confidentiality Immunity from Liability Protection from Retaliation by Employer III. POSSIBLE PENALTIES . 4 Failure to Report False or Malicious Reports IV. PERMISSIBLE ACTIONS FOR MANDATED REPORTERS . 4 Photographs, Radiological and Medical Examinations Detainment of Child by Medical Professional or Hospital Request for Summary of Investigation V. SPECIAL CIRCUMSTANCES . 4 Harm to Viable Fetus or Newborn Withholding Health Care Safe Haven for Abandoned Babies Act (“Daniel’s Law”) Adults Abused as Children VI. PROCESSING REPORTS . 6 DSS Child Protective Services Family Court Hearings Law Enforcement Investigation VII. RECOGNIZING CHILD ABUSE OR NEGLECT . .. 8 General Indicators of Maltreatment Signs of Physical Abuse Signs of Neglect Signs of Sexual Abuse Signs of Mental Injury VIII. GUIDELINES FOR MANDATED REPORTERS . 10 Responding to a Child Documentation Making a Report Contact with Parents Follow-up IX. DEFINITIONS . 11 X. LEGAL REFERENCES . 13 I. LEGAL REQUIREMENTS FOR REPORTING South Carolina established a system for the reporting and investigation of child abuse and neglect with enactment of the Child Protection Act in 1977 . This law has since been amended, but the primary purpose has remained the same: to safeguard the welfare and safety of children . Mandated reporters play a key role in this effort to protect children by identifying possible maltreatment and reporting it to the agencies responsible for investigation and intervention . In addition to the requirements placed upon the named professionals, the law encourages all persons to report . Mandated Reporters When to Report South Carolina law requires certain professionals Mandated reporters must report suspected child who are at least 18 years old to report suspected abuse or neglect when, in their professional child abuse and neglect . Because they have capacity, they receive information giving them unique opportunities to observe and interact reason to believe that a child’s physical or with children, the following professionals are mental health or welfare has been or may be mandated reporters of child abuse and neglect: adversely affected by abuse or neglect . Whether • Physicians, nurses, dentists, optometrists, information is received by mandated reporters medical examiners and their staff, “in their professional capacity” is not necessarily emergency medical services professionals, limited by their physical location at the time, allied health professionals, and other but whether they are working within the scope medical professionals of their employment when they receive the 1 • Coroners and their staff information . • Mental health professionals The mandate to report child abuse and neglect • Substance abuse treatment staff does not require the reporter to know for certain • Members of the clergy, including Christian that a child has been abused or neglected . The Science practitioners and religious healers requirement to report is triggered when the (subject to laws governing privileged mandated reporter has a reasonable belief that a communication) child has been or may be abused or neglected . • Clerical and nonclerical religious counselors who charge for services Reporting to a supervisor or person in charge • School teachers, counselors, principals, of an institution, school, facility, or agency does assistant principals, and school not relieve a mandated reporter of his or her attendance officers individual duty to report, and the duty to report is not superseded by an internal investigation within • Social or public assistance workers an institution, school, facility, or agency . • Childcare workers in childcare centers or foster care facilities Because the law allows and also encourages all • Foster parents persons to report, mandated reporters have the • Police or law enforcement officers option of making a report based on information they receive outside of their professional • Juvenile justice workers capacity, and they are encouraged to do so .
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