South Carolina Code of Laws
Chapter 35 - Adult Protection
Section 43-35-25. Persons required to report abuse, neglect, or exploitation of adult; reporting methods.

(A) A physician, nurse, dentist, optometrist, medical examiner, coroner, other medical, mental health or allied health professional, Christian Science practitioner, religious healer, school teacher, counselor, psychologist, mental health or intellectual disability specialist, social or public assistance worker, caregiver, staff or volunteer of an adult day care center or of a facility, or law enforcement officer having reason to believe that a vulnerable adult has been or is likely to be abused, neglected, or exploited shall report the incident in accordance with this section. Any other person who has actual knowledge that a vulnerable adult has been abused, neglected, or exploited shall report the incident in accordance with this section.
(B) Except as provided in subsection (A), any other person who has reason to believe that a vulnerable adult has been or may be abused, neglected, or exploited may report the incident.
(C) A person required to report pursuant to this section is personally responsible for making the report; however, a state agency may make a report on behalf of an agency employee if the procedure the agency uses for reporting has been approved in writing by the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division or the investigative entity to which the report is to be made.
(D) A person required to report under this section must report the incident within twenty-four hours or the next working day. A report must be made in writing or orally by telephone or otherwise to:
(1) the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division for incidents occurring in facilities operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs;
(2) the Long Term Care Ombudsman Program for incidents occurring in facilities, except those facilities provided for in item (1); and
(3) the Adult Protective Services Program for incidents occurring in all other settings.
(E) If the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division or an investigative entity receives a report that is not within its investigative jurisdiction, the unit or investigative entity shall forward the report to the appropriate unit or investigative entity not later than the next working day.
(F) No facility may develop policies or procedures that interfere with the reporting requirements of this section.
(G) Provided the mandatory reporting requirements of this section are met, nothing in this section precludes a person also from reporting directly to law enforcement, and in cases of an emergency, serious injury, or suspected sexual assault law enforcement must be contacted immediately.
HISTORY: 1993 Act No. 110, Section 1, eff three months after June 11, 1993; 2006 Act No. 301, Section 5, eff May 23, 2006.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 43 - Social Services

Chapter 35 - Adult Protection

Section 43-35-5. Short title.

Section 43-35-10. Definitions.

Section 43-35-13. Nonmedical remedial treatment by spiritual means is not abuse or neglect of vulnerable adult.

Section 43-35-15. Vulnerable Adults Investigations Unit; Long Term Care Ombudsman Program; Adult Protective Services Program; responsibilities; referral of reports.

Section 43-35-20. Additional powers of investigative entities.

Section 43-35-25. Persons required to report abuse, neglect, or exploitation of adult; reporting methods.

Section 43-35-30. Photographing of visible trauma on abused adult.

Section 43-35-35. Reporting deaths where abuse or neglect suspected.

Section 43-35-40. Responsibilities when a report is received; initiation of investigation; reports to local law enforcement or Vulnerable Adults Investigations Unit.

Section 43-35-45. Warrant from family court to permit investigation of report; order for protective services; appointment of guardian and attorney; evaluation; hearing; review; semiannual reevaluation; payment for services.

Section 43-35-50. Abrogation of privilege for certain communications.

Section 43-35-55. Protective custody by law enforcement officer; procedure; notification of protective services program; subsequent proceedings.

Section 43-35-60. Sharing of report information by investigative entities; public confidentiality.

Section 43-35-65. Notices to be displayed at facilities.

Section 43-35-70. Reports to occupational licensing boards.

Section 43-35-75. Immunity of person making report or participating in investigation in good faith.

Section 43-35-80. Action by Attorney General against person or facility for failure to exercise reasonable care; fine.

Section 43-35-85. Penalties.

Section 43-35-87. Financial exploitation; financial institution authority to decline transaction requests.

Section 43-35-90. Article not to affect authority of agencies.

Section 43-35-200. Vulnerable Adult Guardian ad Litem Program.

Section 43-35-210. Definitions.

Section 43-35-220. Duties and responsibilities of guardian ad litem; assessments.

Section 43-35-230. Appointment of guardian ad litem; continuing legal education.

Section 43-35-240. Appointment of guardian ad litem for abuse, neglect, or exploitation proceedings; criminal background checks.

Section 43-35-250. Charge of guardian ad litem; petition for removal.

Section 43-35-260. Access to information.

Section 43-35-270. Confidentiality of reports and information.

Section 43-35-280. Civil liability.

Section 43-35-290. Funding.

Section 43-35-310. Council created; membership; filling vacancies.

Section 43-35-320. Responsibilities of council.

Section 43-35-330. Duties of council.

Section 43-35-340. Officers; terms of office; quorum.

Section 43-35-350. Meetings.

Section 43-35-500. Definitions.

Section 43-35-510. Policy of State regarding health and safety of vulnerable adults.

Section 43-35-520. Investigations of deaths in facilities operated by the Department of Mental Health or the Department of Disabilities and Special Needs; death by natural causes in a veterans' nursing home.

Section 43-35-530. Conduct of investigations.

Section 43-35-540. Access to medical information.

Section 43-35-550. Subpoena of medical information.

Section 43-35-560. Vulnerable Adults Fatalities Review Committee; members; terms; meetings; administrative support.

Section 43-35-570. Purpose of Vulnerable Adult Fatalities Review Committee.

Section 43-35-580. Meetings discussing individual cases closed; disclosure of information identifying vulnerable adult or family member.

Section 43-35-590. Confidential and public information.

Section 43-35-595. Promulgation of regulations.