Investigation of Child Abuse or Neglect Pursuant to N.C.G.S. � 7A-544

Subject:

Requested By: Mrs. Betsy Fields Supervisor of Protective Services Onslow County Department of Social Services

Question: May public school officials permit protective services workers of the county department of social services to interview a reported victim of child abuse or neglect on school premises in the absence of and without prior notice to the parent(s) of the reported victim?

Conclusion: Yes

The letter requesting the opinion states that public school officials are often reluctant to permit protective services workers to question a child who is a reported victim of abuse or neglect on the school premises unless the (parents) of the child are present or have been given an opportunity to be present. Since it is the (parents), more often than not, who are the alleged perpetrators of the abuse or neglect, the presence of the (parents) at the interview can substantially impede the abuse or neglect investigation.

It is our opinion that there is no legal requirement that the (parents) be present or be given prior notice of the interview. It should be noted, initially, that there is a vast difference between the circumstances here and those in a case in which the juvenile is being investigated as the suspected perpetrator of a juvenile or criminal offense. In the latter case, the juvenile has certain rights which are constitutionally and statutorially guaranteed and which must be strictly observed, including the right to have a parent or guardian present during questioning. See

N.C.G.S.

§ 7A-595(a) (3). A child abuse or neglect investigation, however, involves the child as the victim — not the perpetrator — of an alleged offense. We have found no provision in law which implies, much less requires, that a parent must be present at or given notice of an investigative interview with a victim of suspected child abuse or neglect.

N.C.G.S.

§ 7A-543 mandates that any person or institution having cause to suspect that a juvenile has been abused or neglected shall report that cause to the department of social services of the county in which the juvenile resides or is found. N.C.G.S. § 7A-544 requires the director of the county department of social services to make a prompt and thorough investigation of reports of child abuse or neglect. It specifically provides that the director, in carrying out his investigation and other authorized actions pursuant to the investigation ". . . may utilize the staff of . . . any other public or private community agencies that may be available."

N.C.G.S.

§ 7A-550 provides:

"Anyone who makes a report pursuant to this Article, cooperates with the county department of social services in any ensuing inquiry or investigation, testifies in any judicial proceeding resulting from the report, or otherwise participates in the program authorized by this Article, is immune from any civil or criminal liability that otherwise might be incurred or imposed for such action provided that the person was acting in good faith. In any proceeding involving liability, good faith is presumed."

(Emphasis added.)

Chapter 115C of the General Statutes applies specifically to elementary and secondary education.

N.C.G.S. § 115C-400 incorporates by reference the provisions of N.C.G.S. §§ 7A-543 to 7A-552 and requires that the school personnel report suspected child abuse or neglect to the county department of social services. While the responsibility for conducting abuse or neglect investigations resides with the director of social services, we conclude that the incorporation by reference of the Chapter 7A provisions to N.C.G.S. § 115C-400 and the reiteration, as a specific responsibility of school personnel, of the duty to report suspected child abuse or neglect indicates a particular legislative interest that the schools shall assume an important role in the resolution of child abuse or neglect problems. It also evidences the clear intent that civil and criminal immunity for good faith cooperation in child abuse or neglect investigations shall extend to school personnel.

We conclude, therefore, that there is statutory authority to permit school authorities to cooperate with county departments of social services in the investigation of reported child abuse or neglect, including allowing protective services personnel to interview the suspected victim on school premises. There is no constitutional or statutory requirement that the parents be present at the interview or be given prior notice that the interview is to take place. We further conclude that school personnel who cooperate in good faith in the investigation are immune from civil or criminal liability.

RUFUS L. EDMISTEN Attorney General

Henry T. Rosser Assistant Attorney General