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North Carolina

Who is mandated to report?

Are all health clinicians mandated to report?

  • Yes.

Who else is a mandated reporter?

  • Any person or institution that has cause to suspect abuse or neglect shall report.

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

When is the reporting duty triggered?

What is the standard?

  • A report is required when a reporter has cause to suspect that any juvenile is abused, neglected, or dependent, or has died as the result of maltreatment.

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

What must be reported?

How does state law define child abuse and neglect for reporting purposes?

  • Mandated reporters must report an abused, neglected or dependent juvenile as defined by North Carolina statute 7B-101 and legal guidance interpreting the statute. For the specific statutes listed below, refer to Chapter 14 of the North Carolina General Statutes.
    • Abused juveniles. – Any juvenile less than 18 years of age (i) who is found to be a minor victim of human trafficking under G.S. 14-43.15 or (ii) whose parent, guardian, custodian, or caretaker:
      • Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means;
      • Creates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means;
      • Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior;
      • Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile:
        • first-degree forcible rape, as provided in G.S. 14-27.21;
        • second-degree forcible rape as provided in G.S. 14-27.22;
        • statutory rape of a child by an adult as provided in G.S. 14-27.23;
        • first-degree statutory rape as provided in G.S. 14-27.24;
        • first-degree forcible sex offense as provided in G.S. 14-27.26;
        • second-degree forcible sex offense as provided in G.S. 14-27.27;
        • statutory sexual offense with a child by an adult as provided in G.S. 14-27.28;
        • first-degree statutory sexual offense as provided in G.S. 14-27.29;
        • sexual activity by a substitute parent or custodian as provided in G.S. 14-27.31;
        • sexual activity with a student as provided in G.S. 14-27.32;
        • unlawful sale, surrender, or purchase of a minor, as provided in G.S. 14-43.14;
        • crime against nature, as provided in G.S. 14-177;
        • incest, as provided in G.S. 14-178;
        • 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. 14-205.3(b); and
        • taking indecent liberties with the juvenile, as provided in G.S. 14-202.1;
      • Creates or allows to be created serious emotional damage to the juvenile; serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others;
      • Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile; or
      • Commits or allows to be committed an offense under G.S. 14-43.11 (human trafficking), G.S. 14-43.12 (involuntary servitude), or G.S. 14-43.13 (sexual servitude) against the child.
    • Neglected juvenile. – A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or
      • Who has been abandoned; or
      • Who is not provided necessary medical care; or
      • Who is not provided necessary remedial care; or
      • Who lives in an environment injurious to the juvenile's welfare; or the custody of whom has been unlawfully transferred under G.S. 14-321.2; or
      • Who has been placed for care or adoption in violation of law.
    • In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has died as a result of suspected abuse or neglect or lives in a home where another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the home.
    • Dependent juvenile. – A juvenile in need of assistance or placement because (i) the juvenile has no parent, guardian, or custodian responsible for the juvenile's care or supervision or (ii) the juvenile's parent, guardian, or custodian is unable to provide for the juvenile's care or supervision and lacks an appropriate alternative child care arrangement

Refer to the Juvenile Code for the most current definitions of these terms, and the complete Chapter 7B of the Juvenile Code at the North Carolina General Assembly website.

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

How to report:

What is the method of reporting?

  • A mandated reporter who has cause to suspect that a child is abused, neglected, or dependent shall report the case to the Department of Social Services in the county where the child resides. The report may be made orally, by telephone, or in writing.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

What is the timeline in which to report?

  • As soon as a mandated report has cause to suspect a child has been abuse or neglected, a report shall be made.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

To whom are reports made?

  • Reports shall be made to the Department of Social Services in the county where the child resides.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

State/County Hotline?

  • North Carolina Child Protective Services
  • 919-733-9467

To make a report to the child’s local county, please search the Local County Directory provided by the North Carolina Division of Social Services.

Confidentiality:

What federal confidentiality laws apply to health information collected during a Title X visit?

  • Title X regulations 42 CFR 59.11
  • HIPAA 45 CFR 164.502

Is there an exception in federal confidentiality law that allows a clinician to comply with mandatory child abuse reporting laws?

  • Yes.