51-6

Subject:

Social Services; Infants; Child Abuse and Neglect in Day-Care Facilities; District Attorneys; Juvenile Code, N.C.G.S. 7A-517(5), N.C.G.S. 7A-542.

Requested By:

J. Randolph Riley District Attorney Tenth Prosecutorial District Raleigh, North Carolina

Questions:

1. Does the amendment of N.C.G.S. 7A-542 and N.C.G.S. 7A-517(5) by Chapter 359, Session Laws of 1981, require that county departments of social services investigate reports of child abuse or child neglect at day-care facilities and day-care plans?

2. Is the county director of social services required by the amendments to report instances of child abuse occurring in day-care facilities and plans to the prosecutor?

Conclusions:

1. Yes.

2. Yes.

This Office has previously advised by unpublished opinions that the child abuse and neglect provisions of the Juvenile Code (N.C.G.S. 7A-516 et seq.) did not apply to operators and employees of child day-care facilities. That opinion must be modified in light of certain amendments enacted in Chapter 359, Session Laws of 1981.

N.C.G.S. 7A-542 was amended effective May 12, 1981 by adding a new sentence, reading as follows:

"The provisions of this Article (i.e., Art. 44, Ch. 7A, N.C.G.S.) shall also apply to day-care facilities and day-care plans as defined in G.S. 110-86.

Subsection (5) of N.C.G.S. 7A-517 was amended effective May 12, 1981 by rewriting the subsection to read as follows:

"(5) Caretaker. —Any person other than a parent who is in care of a juvenile, including any blood relative, stepparent, foster parent, or houseparent, cottage parent or other person supervising a juvenile in a child-care facility."

We construe these amendments to extend the provisions of Article 44 and, by necessary implication, other applicable provisions of the Juvenile Code to operators and employees of daycare facilities and day-care plans, as defined in N.C.G.S. 110-86. Such persons may now be found to have committed acts of child abuse or child neglect as defined in N.C.G.S. 7A-517. Upon receipt of a report of child abuse or neglect, the director of a county department of social services must conduct the investigation required by N.C.G.S 7A-544.

A director may provide the local law enforcement agency with information concerning a report of child abuse and may secure the assistance of the agency in conducting the investigation, all pursuant to N.C.G.S. 7A-543. N.C.G.S. 7A-548 requires that if the investigation reveals evidence of child abuse, as defined by N.C.G.S. 7A-517(1), the director must make a written report of his findings to the prosecutor.

Rufus L. Edmisten Attorney General

Henry T. Rosser Assistant Attorney General