January recognizes the importance of knowing about human trafficking. The President has declared January Human Trafficking Prevention Month (see the proclamation here). The North Carolina Governor and the Chief Justice have both declared January Human Trafficking Awareness Month (see the Governor’s proclamation here and the Chief Justice’s proclamation here). The purpose of these declarations is both a recognition that human trafficking in the United States and North Carolina exists and to educate our citizens about this issue. Partnerships are required for a successful response to combat the crime of human trafficking, which involves both sex and labor trafficking. The national, state, and local responses involve the prevention of human trafficking, protection for victims and survivors, and the prosecution of traffickers.
Sara DePasquale
BIG NEWS: S.L. 2019-245 Creates a New Universal Mandated Reporting Law for Child Victims of Crimes and Changes the Definition of “Caretaker”
[Editor’s note: Because the information in this post cuts across multiple subject areas, the post will appear on several School of Government blogs.]
An Act to Protect Children from Sexual Abuse and to Strengthen and Modernize Sexual Assault Laws, S.L. 2019-245 (S199) enacts and amends various laws related to crimes;* amends some civil and criminal statutes of limitations; requires mandatory training for school personnel addressing child sex abuse and trafficking; amends the definition of “caretaker” as it relates to child abuse, neglect, or dependency; and creates a new universal mandatory reporting law for child victims of certain crimes.
This post discusses
- the amendment to the definition of caretaker and
- the new mandatory reporting law, which requires any adult to make a report to law enforcement when a juvenile is a victim of certain crimes.
When Does Delinquency Result in Abuse, Neglect, or Dependency?
A juvenile may be involved with both the juvenile justice and child welfare systems. These youth are sometimes referred to as “dual jurisdiction” or “crossover youth.” Two of the ways a juvenile in North Carolina may be involved with both systems is when the juvenile is the subject of a delinquency action, and
(1) in that action, the court orders the juvenile placed in DSS custody or guardianship (G.S. 7B-1902‒1907; -2506(1)c.; -2001); and/or
(2) there is also cause to suspect that the juvenile is abused, neglected, or dependent, which if substantiated by a county child welfare agency (hereinafter “DSS”) may result in a separate abuse, neglect, or dependency action that the juvenile is the subject of.
Wishing LaToya Well as She Leaves the SOG
[Editor’s note: This post first appeared on the SOG’s civil law blog, On the Civil Side. It is cross-posted here because of the connection between juvenile delinquency and criminal law, and because many of our readers know LaToya Powell as our faculty expert on juvenile delinquency.]
This is a bittersweet post as it is a goodbye to my friend and colleague, LaToya Powell, who has decided to leave the School of Government (SOG). [Today] is her last day, and I hope you will join me in wishing her well.
A/N/D Reporting: Rights, Protections, and Prosecutor Review
[Editor’s note: This post originally ran last week on the School’s civil law blog, On the Civil Side. Because it concerns prosecutors’ roles in abuse, neglect, and dependency cases, it is cross-posted here.]
Like every other state, North Carolina has a mandated reporting law for child abuse and neglect. North Carolina’s law requires any person or institution with cause to suspect a child is abused, neglected, or dependent by a parent, guardian, custodian, or caretaker to make a report to the county child welfare department (in most counties, DSS) where the child resides or is found. G.S. 7B-301. What is in a report? Are there protections for the reporter? What are the rights of the reporter? If DSS decides not to initiate a court action, can the reporter challenge that decision?
Mandated Reporting of Child Abuse, Neglect, or Dependency: What’s an Attorney To Do?
[Editor’s note: This post was originally published on the SOG’s civil law blog, On the Civil Side. Given its coverage of criminal law, we thought that it would be of interest to many of our readers.]
You are appointed to represent a juvenile in a delinquency proceeding. The petition alleges the juvenile assaulted his stepfather. When you meet with your client, he discloses that his stepfather has been beating him for years. This time, his stepfather went after his younger sister, and your client tried to protect her. In another case, you are hired to represent a father in a child custody action. Your client tells you that he just moved out of the home, where his baby and the baby’s mother live. He discloses that the mother has a drinking problem and frequently attacks him physically when she is intoxicated, sometimes while she is holding the baby. He also tells you that he has come home from work to find the baby is in dirty diapers and crying in the crib while the mother is passed out on the couch.
In both these scenarios, you have cause to suspect a child is being abused or neglected. Are you required to report to the county department of social services or keep your client’s communication confidential? What are the possible repercussions of your decision?
Ohio v. Clark: What Does It Mean for Child Protective Services?
[Editor’s note: This post was originally published on the SOG’s civil law blog, On the Civil Side. Nonetheless, given its coverage of Confrontation Clause issues arising from a criminal case, we thought that it would be of interest to many of our readers.]
Last month the U.S. Supreme Court decided Ohio v. Clark, 135 S.Ct. 2173 (2015). The Court determined whether a teacher’s testimony of a child’s statements to her was barred by the Confrontation Clause. My colleague, Jessica Smith, wrote a blog post about the holding and its impact in criminal cases. But, what about the world of child protective services?
Parental Discipline: When Is It Abuse and/or a Crime?
[Update, May 2016: In this post on the SOG’s civil blog, Sara discusses two new appellate cases concerning the definition of abuse in the child discipline context.]
[Editor’s note: Today’s post is by Sara DePasquale, a relatively recent addition to the SOG faculty. Sara works in the areas of juvenile law and child welfare, and we are delighted to welcome her to the blog.]
Last Tuesday, Minnesota Vikings running back Adrian Peterson pled no contest to misdemeanor reckless assault after being charged in September with felony child abuse for disciplining his 4 year old son with a switch. Since the charges, he has been on the NFL “Commissioners Exempt List” and unable to play. Nike terminated his contract on Tuesday, and his future with the NFL remains uncertain.