#20 - Protective Services

Child Protection Act 238 of 1975

An act to require the reporting of child abuse and neglect by all persons.

Who is Responsible for Reporting Abuse or Neglect?

• All school employees, medical professionals, law enforcement, counselors, clergy members, child care providers, any government or court employee, etc.

What Constitutes Abuse?

• Harm or threatened harm to a child’s health or welfare 
• Physical or mental injury (non-accidental 
• Sexual abuse
•   Sexual exploitation 
•   Maltreatment by parent/guardian, teacher, teacher’s aid, clergy member or child care provider 
•  (DHS) Department of Human Services only investigates parental/guardian abuse. Other allegations will be forwarded to law enforcement.

What Constitutes Neglect?

• Negligent treatment: the failure to provide food, clothing, shelter or medical care 
• Placing a child at an unreasonable risk to the child's health or welfare by failure of the parent, legal guardian, or other person responsible for the child's health or welfare to intervene to eliminate that risk when that person is able to do so and has, or should have, knowledge of the risk.

How do I Report Abuse or Neglect?

• Mandated reporters are required to make an immediate verbal report to CPS and a written report within 72 hours when the mandated reporter suspects child abuse or neglect. 
• Mandated reporters must also notify the head of their organization of the report. (Principal/Social Worker) 
• The verbal report can be completed by calling toll free (800) 942-4357 or calling the local county DHS children's protective services unit.

What Information do I Need to Have Ready When I Call?

• The child's primary caretaker, including name and address. 
• Names and birth dates for all members of the household. 
• Name and birth date of the alleged perpetrator(s). 
• Whether the alleged perpetrator lives with the child. 
• Address where the alleged abuse or neglect occurred. 
• What makes the mandated reporter suspect the child is being abused or neglected. 
• Make sure you fill out  and mail the follow up form DHS-3200 within 72 hours

Investigating CPS Complaints

• A CPS complaint must meet the following three criteria in order to be assigned for investigation: 
• The alleged victim is under 18 years of age. 
• The alleged perpetrator is a parent, legal guardian or other person responsible for the child's health and welfare. 
• The allegations minimally meet the child abuse and neglect definitions in the Child Protection Law.

Consequences for not Reporting

• Civil and Criminal Liability 
• Mandated reporters, who fail to file a report of suspected child abuse or neglect, will be subject to both civil and criminal liability. In a civil action, the mandated reporter may be held liable for all damages that any person suffers due to the mandated reporter's failure to file a report. In a criminal action, the mandated reporter may be found guilty of a misdemeanor punishable by imprisonment for up to 93 days and a fine of $500.  
• A person making a good faith report is protected from civil and criminal prosecution and cannot be penalized for making the report or cooperating with a CPS investigation.