(A) The following persons must report in accordance with this section when, in such person's professional capacity, he has received information that gives him reason to believe that a child has been or may be abused or neglected as defined in Section 63-7-20: a physician, nurse, dentist, optometrist, medical examiner, or coroner, or an employee of a county medical examiner's or coroner's office, or any other medical, emergency medical services, mental health, or allied health professional, member of the clergy including a Christian Science Practitioner or religious healer, clerical or nonclerical religious counselor who charges for services, school teacher, counselor, principal, assistant principal, school attendance officer, social or public assistance worker, substance abuse treatment staff, or childcare worker in a childcare center or foster care facility, foster parent, police or law enforcement officer, juvenile justice worker, undertaker, funeral home director or employee of a funeral home, persons responsible for processing films, computer technician, judge, and a volunteer non-attorney guardian ad litem serving on behalf of the South Carolina Guardian Ad Litem Program or on behalf of Richland County CASA.
(B) If a person required to report pursuant to subsection (A) has received information in the person's professional capacity which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by acts or omissions that would be child abuse or neglect if committed by a parent, guardian, or other person responsible for the child's welfare, but the reporter believes that the act or omission was committed by a person other than the parent, guardian, or other person responsible for the child's welfare, the reporter must make a report to the appropriate law enforcement agency.
(C) A person, as provided in subsections (A) and (B), who reports child abuse or neglect to a supervisor or person in charge of an institution, school, facility, or agency is not relieved of his individual duty to report in accordance with this section. The duty to report is not superseded by an internal investigation within the institution, school, facility, or agency.
(D) Except as provided in subsection (A), a person who has reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect may report, and is encouraged to report, in accordance with this section. A person, as provided in subsection (A) or (B), who reports child abuse or neglect to a supervisor or person in charge of an institution, school, facility, or agency is not relieved of his individual duty to report in accordance with this section. The duty to report is not superseded by an internal investigation within the institution, school, facility, or agency.
(E) Reports of child abuse or neglect may be made orally by telephone or otherwise to the county department of social services or to a law enforcement agency in the county where the child resides or is found.
(F) Nothing in this section shall be construed as requiring a person under the age of eighteen to be a mandated reporter pursuant to subsection (A).
HISTORY: 2008 Act No. 361, Section 2; 2010 Act No. 227, Section 1, eff upon approval (became law without the Governor's signature on June 8, 2010); 2018 Act No. 222 (H.4705), Section 1, eff May 18, 2018.
Effect of Amendment
The 2010 amendment in subsection (A), added reference to "school attendance officer", "foster parent", "juvenile justice worker", and "volunteer non-attorney guardian ad litem serving on behalf of the South Carolina Guardian Ad Litem program or on behalf of Richland County CASA"; and rewrote subsection (C).
2018 Act No. 222, Section 1, rewrote the section, adding religious counselors as mandated reporters and requiring reporters to comply with the individual duty to report.
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 7 - Child Protection And Permanency
Section 63-7-25. Children in out-of-home care; age or developmentally appropriate activities.
Section 63-7-30. Seeking assistance.
Section 63-7-40. Safe haven for abandoned babies.
Section 63-7-310. Persons required to report.
Section 63-7-320. Notification; transfer; notice to designated military officials.
Section 63-7-330. Confidentiality of information.
Section 63-7-340. Previous reports.
Section 63-7-350. Reports for lack of investigation.
Section 63-7-360. Mandatory reporting to coroner.
Section 63-7-370. Domestic violence reporting.
Section 63-7-380. Photos and x-rays without parental consent; release of medical records.
Section 63-7-390. Reporter immunity from liability.
Section 63-7-400. Department of Social Services immunity from liability.
Section 63-7-410. Failure to report; penalties.
Section 63-7-420. Abrogation of privileged communication; exceptions.
Section 63-7-430. Civil action for bad faith reporting.
Section 63-7-440. Knowingly making false report.
Section 63-7-450. Department of Social Services to provide information to public.
Section 63-7-610. Statewide jurisdiction.
Section 63-7-620. Emergency protective custody.
Section 63-7-630. Notification of Department of Social Services.
Section 63-7-640. Preliminary investigation.
Section 63-7-660. Assumption of legal custody.
Section 63-7-670. Returning child to parents; alternative procedures.
Section 63-7-680. Emergency protective custody extension.
Section 63-7-690. Relative placement.
Section 63-7-700. Emergency protective custody proceedings.
Section 63-7-710. Probable cause hearing.
Section 63-7-720. Reasonable efforts to prevent removal.
Section 63-7-730. Expedited placement of child with relative.
Section 63-7-735. Right to become a licensed kinship foster parent.
Section 63-7-740. Ex parte emergency protective custody.
Section 63-7-750. Doctor or hospital may detain child; civil immunity.
Section 63-7-765. Required disclosure of information to kinship care providers.
Section 63-7-770. Required disclosure of information to residential health facilities.
Section 63-7-900. Purpose of the subarticle.
Section 63-7-910. Duties of the department.
Section 63-7-920. Investigations and case determination.
Section 63-7-930. Classification categories.
Section 63-7-940. Use of unfounded case information.
Section 63-7-950. Withholding health care.
Section 63-7-960. Consolidation and delivery of services.
Section 63-7-970. Children of incarcerated women.
Section 63-7-980. Cooperation between the department and law enforcement.
Section 63-7-990. Access to sex offender registry.
Section 63-7-1210. Department investigation of institutional abuse.
Section 63-7-1420. Appeal of judicial determinations.
Section 63-7-1430. Notice and opportunity to be heard.
Section 63-7-1440. Judicial review.
Section 63-7-1610. Jurisdiction and venue.
Section 63-7-1620. Legal representation of children.
Section 63-7-1630. Notice of hearings.
Section 63-7-1640. Family preservation.
Section 63-7-1650. Services without removal.
Section 63-7-1660. Services with removal.
Section 63-7-1670. Treatment plan.
Section 63-7-1680. Approval or amendment of plan.
Section 63-7-1690. Placement plans; substance abuse issues.
Section 63-7-1700. Permanency planning.
Section 63-7-1710. Standards for terminating parental rights.
Section 63-7-1720. Clerk of court and court administration progress reports.
Section 63-7-1740. Review of qualified residential treatment program placement.
Section 63-7-1920. Department to maintain Central Registry.
Section 63-7-1930. Petition for placement in Central Registry.
Section 63-7-1940. Court order for placement in Central Registry of Child Abuse and Neglect.
Section 63-7-1950. Updated records requested.
Section 63-7-1960. Destruction of certain records.
Section 63-7-1970. Release of information.
Section 63-7-1980. Screening against the Central Registry.
Section 63-7-1990. Confidentiality and release of records and information.
Section 63-7-2000. Retention and disclosure of records of unfounded cases.
Section 63-7-2010. Annual reports.
Section 63-7-2310. Protecting and nurturing children in foster care.
Section 63-7-2320. Kinship Foster Care Program.
Section 63-7-2330. Placement with relatives.
Section 63-7-2340. Fingerprint review.
Section 63-7-2345. Payment of costs of Federal Bureau of Investigation fingerprint reviews.
Section 63-7-2350. Restrictions on foster care or adoption placements.
Section 63-7-2360. Placement of minor sex offenders.
Section 63-7-2370. Disclosure of information to foster parents.
Section 63-7-2380. Foster parent training.
Section 63-7-2390. Loss for uninsured damages.
Section 63-7-2400. Number of foster children who may be placed in a foster home.
Section 63-7-2520. Jurisdiction.
Section 63-7-2530. Filing procedures.
Section 63-7-2540. Content of petition.
Section 63-7-2550. Service of petition.
Section 63-7-2560. Representation by counsel; guardian ad litem.
Section 63-7-2580. Permanency of order.
Section 63-7-2590. Effect of order.
Section 63-7-2600. Confidentiality.
Section 63-7-2610. Effect on adoption laws.
Section 63-7-2620. Construction of law.
Section 63-7-2710. Definitions.
Section 63-7-2720. Creation and implementation of extended foster care program.
Section 63-7-2730. Voluntary extension of foster care; jurisdiction; transition plan.
Section 63-7-2740. Proceedings for review of voluntary placement agreement.
Section 63-7-2760. Administrative case review; development of transition plan.
Section 63-7-2770. Permanency planning hearings.
Section 63-7-2780. Review of progress toward meeting goals in transition plan.
Section 63-7-2790. Notice of adverse decision; right to appeal; judicial review.