§ 7B-307. Duty of director to report evidence of abuse, neglect; investigation by local law enforcement; notification of Department of Health and Human Services and State Bureau of Investigation. - North Carolina Statutes

§ 7B‑307.  Duty ofdirector to report evidence of abuse, neglect; investigation by local lawenforcement; notification of Department of Health and Human Services and StateBureau of Investigation.

(a)        If the directorfinds evidence that a juvenile may have been abused as defined by G.S. 7B‑101,the director shall make an immediate oral and subsequent written report of thefindings to the district attorney or the district attorney's designee and theappropriate local law enforcement agency within 48 hours after receipt of thereport. The local law enforcement agency shall immediately, but no later than48 hours after receipt of the information, initiate and coordinate a criminalinvestigation with the protective services assessment being conducted by the countydepartment of social services. Upon completion of the investigation, thedistrict attorney shall determine whether criminal prosecution is appropriateand may request the director or the director's designee to appear before amagistrate.

If the director receivesinformation that a juvenile may have been physically harmed in violation of anycriminal statute by any person other than the juvenile's parent, guardian,custodian, or caretaker, the director shall make an immediate oral andsubsequent written report of that information to the district attorney or thedistrict attorney's designee and to the appropriate local law enforcementagency within 48 hours after receipt of the information. The local lawenforcement agency shall immediately, but no later than 48 hours after receiptof the information, initiate a criminal investigation. Upon completion of theinvestigation, the district attorney shall determine whether criminalprosecution is appropriate.

If the report receivedpursuant to G.S. 7B‑301 involves abuse or neglect of a juvenile in childcare, the director shall notify the Department of Health and Human Serviceswithin 24 hours or on the next working day of receipt of the report.

(b)        If the directorfinds evidence that a juvenile has been abused or neglected as defined by G.S.7B‑101 in a child care facility, the director shall immediately so notifythe Department of Health and Human Services and, in the case of sexual abuse,the State Bureau of Investigation, in such a way as does not violate the lawguaranteeing the confidentiality of the records of the department of socialservices.

(c)        Upon completion ofthe assessment, the director shall give the Department written notification ofthe results of the assessment required by G.S. 7B‑302. Upon completion ofan assessment of sexual abuse in a child care facility, the director shall alsomake written notification of the results of the assessment to the State Bureauof Investigation.

The director of the departmentof social services shall submit a report of alleged abuse, neglect, ordependency cases or child fatalities that are the result of allegedmaltreatment to the central registry under the policies adopted by the SocialServices Commission. (1979, c. 815, s. 1; 1983, c. 199; 1985, c. 757, s. 156(s)‑(u);1991, c. 593, s. 2; 1991 (Reg. Sess., 1992), c. 923, s. 4; 1993, c. 516, s. 8;1997‑443, s. 11A.118(a); 1997‑506, s. 33; 1998‑202, s. 6;1999‑456, s. 60; 2005‑55, s. 7.)