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News You Can Use...Be on the Safe Side - Changes in Investigations
October 2015
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Changes in Investigations of Child Abuse and Neglect in Child Care

DCDEE and the local departments of social services (DSS) currently work together to investigate reports alleging child abuse and neglect in child care. Effective January 1, 2016, DCDEE will be the sole agency to investigate these allegations. Child abuse and neglect in child care will now be called Child Maltreatment. DCDEE will work with law enforcement and other agencies as needed.

These changes are included in Senate Bill 578. You can read the Bill in its entirety by visiting www.ncleg.net . You may not notice many changes with how investigations are conducted; however, below are some general answers about the new law.

What is child maltreatment?
Child maltreatment is similar to serious child neglect and child abuse. People who have seriously neglected or abused a child are placed on the Responsible Individuals List (RIL) with DSS. DCDEE will now have a similar list called the Child Maltreatment Registry. This list will have the names of caregivers who maltreat a child in child care.

Who is a caregiver?
The new law defines "caregiver" broadly, and includes: the operator of a licensed child care facility or religious-sponsored child care facility, a child care provider (as defined in G.S. 110-90.2(a)(2)), a volunteer, or any person who has the approval of the provider to assume responsibility for children under the care of the provider.

How does the law define child maltreatment?
The new law defines child maltreatment as: "Any act or series of acts of commission or omission by a caregiver that results in harm, potential for harm, or threat of harm to a child. Acts of commission include, but are not limited to, physical, sexual, and psychological abuse. Acts of omission include, but are not limited to, failure to provide for the physical, emotional, or medical well-being of a child, and failure to properly supervise children, which results in exposure to potentially harmful environments."

Who is required to report child maltreatment in child care?
Every person has a duty to report suspected maltreatment. You can make a report of suspected maltreatment in a child care setting to DCDEE by calling 919-527-6500 or 1-800-859-0829 in NC .

What will be different about investigations of child maltreatment in child care?
DCDEE will now take on the responsibility for the entire investigation of child maltreatment in child care. The law requires that information about ongoing investigations must be kept confidential and, as such, will not be included on the DCDEE website.

What information is available to the public at the end of a child maltreatment investigation?
  • If DCDEE determines that child maltreatment DID occur, DCDEE will share the investigation findings, the dates of all visits made during the investigation, and any corrective action taken.
  • If DCDEE determines that child maltreatment did NOT occur, DCDEE will share violations of child care licensure law or rules resulting from the investigation and any administrative action taken as a result. DCDEE cannot post on the website that a child maltreatment investigation occurred if the maltreatment was unsubstantiated.
Can I find out if someone is on the Child Maltreatment Registry?
Yes. The names of individuals on the Child Maltreatment Registry are public information. DCDEE will maintain the registry. People on the registry may not work in child care. The public can submit a form to DCDEE to find out if someone is on the Child Maltreatment Registry. The form will be available on our website in January 2016.