NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 710

HOUSE BILL 548

 

 

AN ACT TO PROTECT CHILDREN THROUGH REPORTING CASES OF CHILD ABUSE AND NEGLECT TO THE COUNTY DIRECTOR OF SOCIAL SERVICES.

 

The General Assembly of North Carolina enacts:

 

Section 1. Chapter 110 of the General Statutes of North Carolina is hereby amended by adding a new article as follows:

"Article 8.

"Child Abuse and Neglect.

"§ 110-115.  Short Title. — This Article may be cited as the Child Abuse Reporting Law.

"§ 110-116.  Legislative intent and purpose. — The General Assembly recognizes the growing problem of child abuse and neglect and that children do not always receive appropriate care and protection from their parents or other caretakers acting in loco parentis. The primary purpose of requiring reports of child abuse and neglect as provided by this Article is to identify any children suspected to be neglected or abused and to assure that protective services will be made available to such children and their families as quickly as possible to the end that such children will be protected, that further abuse or neglect will be prevented, and to preserve the family life of the parties involved where possible by enhancing parental capacity for good child care.

"§ 110-117.  Definitions. — As used in this Article, unless the context otherwise requires:

(1)        'Abused child' means a child less than 16 years of age whose parent or other person responsible for his care:

a.         inflicts or allows to be inflicted upon such child a physical injury by other than accidental means which causes or creates a substantial risk of death or disfigurement or impairment of physical health or loss or impairment of function of any bodily organ, or

b.         creates or allows to be created a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death or disfigurement or impairment of physical health or loss or impairment of the function of any bodily organ, or

c.         commits or allows to be committed any sex act upon a child in violation of law.

(2)        'Caretaker' means any person other than a parent who is acting in loco parentis to a child including but not limited to the following: grandparent; uncle or aunt or any blood relative; step-parent; foster parent; house parent or cottage parent or other person supervising a child in a child-caring institution or any state institution; person having custody by court order; and a guardian.

(3)        'Professional person' means a physician, surgeon, dentist, osteopath, optometrist, chiropractor, podiatrist, physician-resident, intern, a registered or practical nurse, hospital administrator, Christian Science practitioner, medical examiner, coroner, social worker, law enforcement officer, or a school teacher, principal, school attendance counselor or other professional personnel in a public or private school.

(4)        'Director' means a county director of social services.

(5)        'Neglected child' means a child less than 16 years of age who comes within the definition of 'neglected child' under G.S. 7A-278(4).

(6)        'Protective services' means casework or other counseling services to parents or other caretakers as provided or arranged by a director utilizing the staff of the county department of social services or other community resources which are designed to help such parents or other caretakers to prevent child abuse or neglect, to improve the quality of child care, to be more adequate parents or caretakers, and to preserve and stabilize family life.

"§ 110-118.  Reports of child abuse or neglect. — (a) Any professional person who has reasonable cause to suspect that any child is an abused or neglected child, or any other person having knowledge that any child is an abused child, shall report the case of such child to the director of social services of the county where the child resides or is found.

(b)        The report of child abuse or neglect may be made orally, by telephone, or it may be written. The report shall include such information as is known to the person making the report, including the name and address of the child; the name and address of the child's parents or other caretakers; the age of the child; the present whereabouts of the child if not at the home address; the nature and extent of the child's injury or condition resulting from abuse or neglect; and any other information which the person making the report believes might be helpful in establishing the cause of the injuries or the condition resulting from abuse or neglect. If the report of child abuse or neglect is made orally or by telephone, the person making such report shall give his name, address, profession if a professional person, and telephone number if such person has a telephone, and the person making such a report shall confirm the information about child abuse or neglect in writing when requested by the director. If the person making the report is a professional person, the report shall also include his professional opinion as to the nature, extent and causes of the injuries or the condition resulting from abuse or neglect.

(c)        Anyone who makes a report pursuant to this statute or who testifies in any judicial proceeding resulting from the report shall be immune from any civil or criminal liability that might otherwise be incurred or imposed for complying with the requirements of this statute, unless such person acted in bad faith or with malicious purpose.

(d)        Any physician or administrator of a hospital, clinic or other similar medical facility to which an abused child is brought for medical diagnosis or treatment shall have the right to retain temporary physical custody of such child where the physician who examines the child certifies in writing that the child should remain for medical reasons or that in his opinion it may be unsafe for the child to return to his parents or other caretakers. In such case, the physician or administrator shall notify the parents or other caretakers and the director of the county where the child resides of such action. If the parents or other caretakers contest this action, the parents shall request a hearing before the chief district court judge or some district court judge designated by him within the judicial district wherein the child resides or where the hospital or institution is located for review and determination of whether the child shall be returned to his parents or caretaker. Pending such juvenile hearing, the hospital, clinic or other similar medical facility may retain temporary physical custody of the child or may request the director in the county where the child resides to assume temporary physical custody of the child for placement with a relative or in a foster home under the supervision of the county department of social services.

"§ 110-119.  Duty of director of social services. — Any director of social services receiving a report of child abuse or neglect shall make a prompt and thorough investigation in order to ascertain the facts of the case and to evaluate the extent of the abuse or neglect.

After investigation and evaluation, the director of social services shall do one of the following, depending upon his findings of abuse or neglect in the particular case:

(1)        If the director finds that the child has not been abused or neglected, he shall notify the person making the report of his findings.

(2)        If the investigation reveals abuse or neglect, the director shall decide whether immediate removal of the child or any other children in the home is necessary for the protection of such child or children.

a.         If immediate removal of the child or other children does not seem necessary, the director shall immediately provide or arrange for protective services. If the parents or other caretakers refuse to accept the protective services provided or arranged by the director, the director shall sign a juvenile petition to invoke the juvenile jurisdiction of the district court for the protection of the child or children.

b.         If immediate removal of the child or children seems necessary for the protection of the child or other children in the home, the director shall sign a juvenile petition which alleges the applicable facts to invoke the juvenile jurisdiction of the district court.

(3)        Whether or not the director finds any child to be an abused child, he shall immediately make a report in writing containing his findings along with a copy of the report of child abuse to the district solicitor who shall determine whether criminal prosecution is appropriate and who may request the director to sign the appropriate criminal warrant.

(4)        The director shall submit a report of the alleged child abuse or neglect to the Central Registry under the policies adopted by the State Board of Social Services.

In performing any of these duties, the county 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 available state or local law enforcement agencies who shall assist in the investigation and evaluation of the seriousness of any report of child abuse or neglect when requested by the director.

"§ 110-120.  Immunity to persons reporting. — Any person making a complaint or providing information or otherwise participating in the program authorized by this Article shall be immune from any civil or criminal liability by reason of such action, unless such person acted with malice and without reasonable cause.

"§ 110-121.  Waiver of privileges. — Neither the physician-patient privilege nor the husband-wife privilege shall be ground for excluding evidence of child abuse or neglect in any judicial proceeding (civil, criminal, or juvenile) in which a child's abuse or neglect is in issue, nor in any judicial proceeding resulting from a report submitted under this Article, both as said privileges relate to the competency of the witness and to the exclusion of confidential communications.

"§ 110-122.  Central Registry. — The State Department of Social Services shall maintain a central registry of abuse and neglect cases 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 child or of other children in the same family. This data shall be furnished by county directors of social services to the State Department of Social Services and shall be confidential, subject to policies adopted by the State Board of Social Services which provide for its appropriate use for study and research, but in no event shall any data be used at any hearing or court proceeding unless based upon a final judgment of a court of law."

Sec. 2.  G.S. 8-53.1 is rewritten to read as follows:

"§ 8-53.1.  Physician-patient privilege waived in child abuse. — Notwithstanding the provisions of G.S. 8-53, the physician-patient privilege shall not be ground for excluding evidence regarding the abuse or neglect of a child under the age of 16 years or regarding an illness of or injuries to such child or the cause thereof in any judicial proceeding related to a report pursuant to the Child Abuse Reporting Law, Article 8 of Chapter 110 of the General Statutes of North Carolina."

Sec. 3.  A new section shall be added following G.S. 8-57 to be known as G.S. 8-57.1, as follows:

"§ 8-57.1.  Husband-wife privilege waived in child abuse. — Notwithstanding the provisions of G.S. 8-56 and G.S. 8-57, the husband-wife privilege shall not be ground for excluding evidence regarding the abuse or neglect of a child under the age of 16 years or regarding an illness of or injuries to such child or the cause thereof in any judicial proceeding related to a report pursuant to the Child Abuse Reporting Law, Article 8 of Chapter 110 of the General Statutes of North Carolina."

Sec. 4.  G.S. 108-4 is hereby amended by adding subsection (16) to read as follows:

"(16)    To adopt policies for administration of a central registry of cases of child abuse and neglect reported pursuant to the Child Abuse Reporting Law, Article 8 of Chapter 110 of the General Statutes of North Carolina, to the end that data concerning child abuse and neglect will be available for the protection of children within the State and for appropriate study and research while the identity of the children and families involved in such reports is protected as the Board finds appropriate."

Sec. 5.  G.S. 108-19(14) is hereby rewritten to read as follows:

"(14)    To investigate reports of child abuse and neglect and to take appropriate action to protect such children pursuant to the Child Abuse Reporting Law, Article 8 of Chapter 110 of the General Statutes of North Carolina."

Sec. 6.  G.S. 14-318.2 is hereby rewritten to read as follows:

"§ 14-318.2.  Child abuse a general misdemeanor. — (a) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, who inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to such child by other than accidental means is guilty of the misdemeanor of child abuse.

(b)        The misdemeanor of child abuse is an offense additional to other civil and criminal provisions and is not intended to repeal or preclude any other sanctions or remedies, and is punishable as provided in G.S. 14-3(a)."

Sec. 7.  G.S. 14-318.3 is hereby repealed.

Sec. 8.  This act shall become effective July 1, 1971.

In the General Assembly read three times and ratified, this the 1st day of July, 1971.