How South Carolina’s Mandatory Reporting Laws Protect Child Abuse Victims

Child sexual abuse is a devastating reality in many of the institutions that we learn to trust the most. For this reason, reports of child sexual abuse require swift and effective intervention by those in positions likely to catch it. In South Carolina, mandatory reporting laws, as codified in S.C. Code Ann. § 63-7-310, play a crucial role in identifying and preventing child abuse by requiring certain professionals to report suspected abuse or neglect. These laws ensure that abuse does not go unnoticed and that children receive the protection they need. This blog gives a general overview of the mandatory reporting law and generally how it operates.

Who is Required to Report Suspected Child Abuse?

South Carolina’s mandatory reporting statute requires specific professionals to report suspected child abuse when they uncover information in their professional capacities that gives them reason to believe a child has been sexually abused. The individuals required to report include the following:

• Physicians,

• Nurses, 

• Dentists,

• Optometrists, 

• Medical examiners, coroners, or an employee of a county medical examiner's or coroner's office,

• Any other medical, emergency medical services, mental health, or allied health professional, 

• Members of the clergy, including a Christian Science Practitioner or religious healer, clerical or nonclerical religious counselor who charges for services, 

• School teachers, counselors, principals, assistant principals, school attendance officers, social or public assistance workers, substance abuse treatment staff, or childcare workers in a childcare center or foster care facility, 

• Foster parents, 

• Police or law enforcement officers, 

• Juvenile justice workers, 

• Undertaker, funeral home director or employee of a funeral home, 

• Persons responsible for processing films, computer technicians, 

• Judges, and

• volunteer non-attorney guardians ad litem serving on behalf of the South Carolina Guardian Ad Litem Program or on behalf of Richland County CASA.

Clearly, a wide array of professionals are required to report suspected child sexual abuse. This broad list ensures that individuals in key positions who frequently interact with children can serve as the first line of defense against abuse and neglect.

What Information Must Be Reported?

Under S.C. Code Ann. § 63-7-310(A), a mandatory reporter must report any information that gives them reason to believe that a child has been or may be abused or neglected, as defined in S.C. Code Ann. § 63-7-20.  Abuse can take many forms, including physical harm, sexual abuse, neglect, and emotional maltreatment. Specifically, pursuant to South Carolina law, reportable child abuse or neglect occurs when a parent, guardian, or other person responsible for the child’s welfare:

1. Physically harms: Reportable abuse exists where a parent or caregiver inflicts or allows physical or mental injury against a child or creates a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment. Importantly, corporal punishment or physical discipline is not child abuse or neglect what it is administered by a parent, is for the sole purpose of restraining or correcting a child, is reasonable in manner and moderate in degree, has not brought permanent or lasting damage to the child, and is not reckless or grossly negligent. 

2. Sexually abuses: Reportable abuse exists where a parent or caregiver, commits a sexual offense, allows a sexual offense, or engages in acts or omissions that present a substantial risk that a sexual offense would be committed against the child.

3. Neglects: Reportable abuse exists where a parent, guardian, or caregiver fails to provide a child with adequate food, clothing, shelter, or education (if financially able or offered assistance); Appropriate supervision for the child’s age and development; Health care when it is financially possible or assistance is available.

4. Abandons: Reportable abuse exists where a parent, guardian, or caregiver abandons a child or leaves them without adequate care or supervision.

5. Encourages Delinquent Acts: Reportable abuse exists where a parent, guardian, or caregiver encourages, condones, or approves a child's commission of delinquent acts, including sexual trafficking or exploitation.

6. Commits or allows for the commission of Female Genital Mutilation: Reportable abuse exists where a parent, guardian, or caregiver commits or allows female genital mutilation or engages in conduct that presents a substantial risk of this crime occurring.

7. Prior Abuse Creating a Substantial Risk: Reportable abuse exists if a person has previously committed abuse or neglect under the definitions above, and a child subsequently becomes part of their household such that they are at substantial risk of one of the forms of abuse or neglect above.

8. Child Trafficking: A child who is a victim of human trafficking, including sex trafficking, is considered an abuse victim regardless of whether the perpetrator is a parent, guardian, or caregiver.

These broad definitions ensure that abuse and neglect, whether physical, sexual or through failure to provide basic care, are all covered under South Carolina's child protection laws.

To Whom Do Mandatory Reporters Report?

Under S.C. Code Ann. § 63-7-310(E), reports of child abuse or neglect must be made to either, The County Department of Social Services (DSS) or to local law enforcement. This ensures that criminal investigations are initiated promptly when necessary. Reports can be made orally (via phone or in person), and immediate action is encouraged. Failing to report suspected abuse when required by law can result in criminal legal consequences.

Criminal Consequences of Failure to Report and Reporter Immunity from Liability:

Failing to report suspected child abuse or neglect when required by South Carolina’s mandatory reporting laws can result in criminal penalties. The law is clear that individuals in mandated roles must take action when they have reason to believe a child has been harmed or is at risk of harm. Pursuant to S.C. Code Ann. § 63-7-410, a mandatory reporter who knowingly fails to report suspected abuse or neglect commits a misdemeanor. If convicted, the mandatory reporter may face a fine of up to $500 dollars, up to 6 months in jail, or both. 

The law takes failure to report seriously because a missed report could leave a child in a dangerous situation. Additionally, failing to report could expose a mandated reporter to civil liability if a child is harmed due to their inaction. 

Immunity from Liability

While failure to report can lead to criminal and civil consequences, South Carolina law provides strong legal protections for individuals who report suspected child abuse or neglect in good faith. 

Under S.C. Code Ann. § 63-7-390, anyone who makes a report in good faith is immune from both civil and criminal liability. This means that even if an investigation later determines that no abuse occurred, the reporter cannot be sued for making the report and cannot be prosecuted for providing information to authorities. The purpose of this immunity is to encourage mandatory reporters to fulfill their legal obligations without fear of legal repercussions. 

Additionally, South Carolina law protects reporters from retaliation by employers or institutions, meaning that a person cannot be fired, demoted, or otherwise punished for making a report. To further safeguard reporters, the Department of Social Services (DSS) and law enforcement keep their identities confidential unless disclosure is required by a court. These protections are essential in encouraging individuals to come forward and report suspected child abuse without hesitation, which ensures the safety and well-being of children rightfully remains the top priority.