Having your family get involved with the child protective services system can be very scary. Knowing what to expect, some of the terminology and parental rights can help ease some of the fear, whether you are a parent, grandparent or friend of a child. In this series, we are exploring what you need to know if you have a case with SC DSS.
South Carolina’s law seeks to protect children and keep them safe. The Department of Social Services (SC DSS) must follow certain steps when receiving a child abuse or neglect report. Anyone concerned person can, and should, report suspicions of child abuse or neglect. Reporting a concern is not making an accusation, rather, it is a request for an investigation and assessment to determine if help is needed.
The SC DSS wrote the following Q&A as a guide for parents who have received a report. If a report is made that a child has been harmed, DSS must begin to investigate or assess the situation within 24 hours. The person assigned to investigate the report is called a caseworker.
The parent will receive a brochure, and the name and phone number of the caseworker will be on the back of this brochure with the allegations that be being investigated.
The caseworker will talk to the parents and the child to determine what happened. The caseworker will likely need to talk to others who may know about the parent(s) and the family. The assessment may include an examination of the child by a doctor, and the taking of photographs.
DSS has 45 days to complete this assessment process. If specific information can’t be gathered in that time, 15 extra days may be approved.
Sometimes when a child is harmed, the child is placed in foster care, or with a relative. At other times, DSS requires the family to correct its problems, and the child will remain home. If DSS and the parent(s) cannot agree on a treatment plan, DSS can ask the family court for a hearing.
When a case does not go to family court, the person named as harming the child may appeal the decision. DSS encourages parents to seek and accept services to help the whole family – kids and their parents.
The case may be “indicated” or “unfounded.” “Indicated” means that it is more likely than not that the child was abused or neglected. “Unfounded” means the report is untrue or not supported by the information gathered
Information about an investigation or a case is kept in a paper file and on the agency database. Paper records will be filed in the county DSS office except when foster parents, employees or volunteers of an institution, group home or child care facility are involved.
When foster parents or employees or volunteers are involved in a report, the records will be kept at the state DSS office. For both paper files and database records, information on indicated reports is kept for seven years from the date the case is closed. If no abuse or neglect is found, the records will be kept for at least five years from the date of the decision to unfound. Information in agency records, whether on paper or in the electronic database, is kept confidential.
Yes. Your name will be recorded in DSS records as a suspected perpetrator until a case decision is made following the assessment.
A court order is required to enter your name on this Registry unless you are a foster parent or an employee or volunteer of a group home, institution or child care facility. The order may come from family court or criminal court. The Central Registry is not the same thing as the DSS case record. The Central Registry is a perpetrator registry separate from the DSS agency data system.
If the case is unfounded, the records will be kept in confidence, but will be used to assess other reports or for certain purposes allowed by state law.
Yes. You do have a right to inspect these records if the case is indicated. You also have the right to a copy of the report but not to the name of the person making the report. If the report is unfounded and you think the report is made by someone who was only trying to hurt you, ask your case-worker what you can do about it.
DSS still must complete the assessment. DSS will use the family court or law enforcement to help it do that job. You have the right to consult with a lawyer at any time you wish. However, the right to a court-appointed lawyer, if you cannot pay for one, does not exist unless your case is going to court.
It may be used to determine if a child was abused or neglected. It may be used to determine who abused or neglected the child. In an indicated case, DSS may share the information you provide with people who need it in order to serve you or your family. Your caseworker will tell you who gets any information you provide.
Yes. Under state statute, DSS records are available to law enforcement officials investigating certain crimes.
Yes. During the course of the assessment, DSS workers will talk to your child. A parent's permission is not necessary for DSS workers to talk to any child in the household. Law enforcement officers may talk with your child, if needed. Your child also may be seen by a doctor or other professional.
First, talk to your caseworker, then the supervisor, and finally, if questions or problems are not resolved, speak with the county director.
Receiving a report can be extremely difficult. One of the best things anyone involved can do is to know what to expect from the process. You can read DSS’s official packet for parents for more in-depth information.
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