Like every other state, North Carolina has a mandatory reporting law for child abuse and neglect. North Carolina’s law requires
any person or institution
with cause to suspect a child is abused, neglected, or dependent due to circumstances created by a parent, guardian, custodian, or caretaker to make a report to the county child welfare department (typically, a department of social services (DSS)) where the child resides or is found.
G.S. 7B-301. Additionally, any person or institution with cause to suspect a juvenile is a victim of human trafficking (sex or labor trafficking), regardless of whether the circumstances were created by a parent, guardian, custodian, or caretaker, is mandated to report abuse and neglect to the DSS where the child resides or is found.
See G.S. 7B-301;
-101(1) (defining “abused juveniles”), (9) (defining “dependent juvenile”), and (15) (defining “neglected juvenile”).
Making a Report to DSS
When any person has cause to suspect abuse, neglect, or dependency, a report may be made in writing, by telephone, or in person. A report must include information the reporter knows about
- the child’s name, address, age, and present whereabouts;
- the child’s parents’ and, if applicable guardian’s, custodian’s, and/or caretaker’s names and addresses;
- the names and ages of any other children in the home;
- the nature and extent of any injury or condition resulting from suspected abuse, neglect, or dependency; and
- any other information the reporter believes might be helpful in establishing the need for protective services or court intervention.
G.S. 7B-301.
Anonymous Reporters
Although the reporting statute requires that a report also include the reporter’s name, address, and telephone number, DSS must accept reports that are made anonymously or do not include some of the reporter’s contact information.
Id.;
10A NCAC 70A .0105(a);
In re N.X.A., 254 N.C. App. 670 (2017);
see In re T.R.P., 360 N.C. 588 (2006). Once a report is received, DSS determines whether an assessment is needed.
Immunity and Presumed Good Faith
A person who makes a mandated report in good faith is immune from any civil or criminal liability.
G.S. 7B-309. In a case against a mandated reporter (e.g., for slander), good faith is presumed, and the plaintiff must prove that the reporter acted with bad faith or malice when making the report.
Id.;
Dobson v. Harris, 352 N.C. 77 (2000);
Kroh v. Kroh, 152 N.C. App. 347 (2002).
Reporter Identity Is Confidential
Starting with the first report, DSS must keep information it receives in an abuse, neglect, or dependency case “in strictest confidence.”
G.S. 7B-302(a1). This includes the reporter’s identity. Maintaining the confidentiality of the reporter’s identity is consistent with the purpose of the reporting law, which is to encourage the reporting of suspected abuse, neglect, or dependency.
See Ritter v. Kimball, 67 N.C. App. 333 (1984).
There are statutory exceptions that authorize the disclosure of information maintained by DSS when certain criteria are met. For example, a court may order disclosure of confidential information, including the reporter’s identity.
See, e.g., G.S. 7B-303(e). Two of the statutory exceptions that allow for the disclosure of confidential information include special provisions that govern disclosure of a reporter’s identity.
- Information sharing and discovery: The reporter’s identity or uniquely identifying information that would lead to the reporter’s identity may not be disclosed as part of information sharing with parties (including the child and parents) in an abuse, neglect, or dependency case. G.S. 7B-700(a).
- Government entity: The reporter’s identity may be disclosed without a court order to a federal, state, or local government entity or agent when that entity demonstrates to DSS a need for the reporter’s name to carry out its mandated responsibilities; otherwise, a court order is required. G.S. 7B-302(a1)(1a).
DSS Notices to the Reporter
DSS is required to disclose certain information to the reporter unless the report was made anonymously or the reporter waives their right to notice. G.S. 7B-302(f), (g).
Response to Report
Within five working days of receiving a report, DSS must give written notice to the reporter as to whether the report was accepted for an assessment and the basis for its decision, as well as whether the report was referred to an appropriate law enforcement agency. G.S. 7B-302(f). Accepting a report for an assessment means the report was screened in. If a report is screened out, the reporter has the right to request a review of that decision within five working days of receiving the notice. G.S. 7B-302(f). A review is completed by the Division of Social Services at the North Carolina Department of Health and Human Services (Division), which must complete the review within five working days of when it receives the request for review.
Id. After completing its review, the Division either affirms the screen out, meaning DSS does not act on the report, or directs DSS to initiate an assessment.
Id. Separately, the reporter may request a review from the DSS director, although the reporter is not required to do so.
Id.
DSS Action After Completion of Assessment
When DSS does conduct an assessment, DSS must send a second written notice to the reporter within five working days of the completion of its assessment stating whether there was a finding of abuse, neglect, or dependency and whether and what action DSS is taking to protect the child. G.S. 7B-302(g). Assessment outcomes include a determination that the juvenile is or is not abused, neglected, or dependent. If the juvenile is found to be abused, neglected, or dependent, DSS may determine no action is needed, in-home services with the family is needed, or a petition must be filed in district court.
See G.S. 7B-302(a), (c), (d). The second notice to the reporter must include the procedures the reporter may follow to request a review of a DSS decision not to file a court petition alleging the juvenile is abused, neglected or dependent. G.S. 7B-302(g). The review may be requested with the Division and/or a prosecutor.
Id.;
G.S. 7B-305.
Prosecutor and/or Division Review
The review process changed effective for all requests for review made on or after October 1, 2025.
See S.L. 2025-16, sec. 1.3. Now, the Division may also conduct a review rather than limiting that authority to the prosecutor alone.
See G.S. 7B-306.
Adding the Division to the review process recognizes North Carolina’s state-supervised, county-administered child welfare system. A county DSS is the agent for the North Carolina Department of Health and Human Services (DHHS).
See, e.g., G.S. 108A-74(a5);
In re N.X.A., 254 N.C. App. 670 (2017). Further, the Division establishes the state’s child welfare policies and best practices through the state Child Welfare Manual (available at
https://policies.ncdhhs.gov/divisional-n-z/social-services/child-welfare-services/cws-policies-manuals/).
Timing
If a reporter receives notice that DSS is not filing an abuse, neglect, or dependency petition, the reporter has five working days from receiving that notice to ask the prosecutor and/or the Division to review DSS’s decision. G.S. 7B-305. When a review is requested, the prosecutor or Division (whichever entity received the request) must notify the other entity within two business days of receiving the request that a request for review was made. G.S. 7B-306(a). The reviewing entity must also notify the reporter and the DSS director of the time and place the review is being conducted. G.S. 7B-305. The review must occur within twenty days after the reviewing entity receives the request for review. G.S. 7B-306(a)
.
Information Sharing by DSS
DSS must immediately provide the entity that received the request for review with a copy of the summary of its assessment. G.S. 7B-305. The applicable rule references an outer time limit of three working days.
10A NCAC 70A .0109(b). DSS is also authorized to provide the prosecutor and Division with access to the case record. G.S. 108A-74(a5);
10A NCAC 70A .0113(c);
see GS 7B-302(a1) (disclosure to a government entity to protect a juvenile from abuse or neglect). The Division should be familiar with what is included in a DSS case record, but a prosecutor may never have been exposed to a DSS case record. Because of that unfamiliarity, DSS may want to work with the prosecutor to identify and share all the relevant and necessary information in the file.
Shared or Independent Review
The entity that received the request for review must conduct the review. The entity that did not receive the request for review but was notified by the other entity that a request has been made may, but is not required to, also conduct a review. G.S. 7B-306(a). If both entities conduct a review, they may conduct either a shared or an independent review.
Id. While conducting their reviews, the entities may consult with one another.
Id.
Because of the Division’s supervisory role over a county DSS and its familiarity with child welfare laws and policies, a prosecutor who receives a request for review or exercises their discretion in determining to also conduct a review when the request was made to the Division may find that conducting a shared review with the Division will be helpful.
Review Conferences
In the course of conducting the review, the reviewing entity is required to have conferences with the reporter, the protective services worker, the child (if practicable), and other persons with pertinent information about the juvenile or the juvenile’s family. G.S. 7B-306(a). The reviewing entity may consider contacting the attorney who represents DSS in child welfare matters. That attorney may have insight into why the decision not to file a petition was made, or if they were unaware of the director’s decision, whether they believe a petition should be filed or other action should be taken (e.g., the provision of in-home services). Ultimately, it is DSS who must prove the allegations in an abuse, neglect, or dependency court proceeding by clear and convincing evidence, so understanding their position and concerns may provide crucial information in the review process.
See In re E.H., 227 N.C. App. 525 (2013).
The statute, G.S. 7B-306(a), refers to “conferences,” such that separate conferences with the various participants allows the reviewing entity to gain needed information without compromising (1) the reporter’s identity to the child, parents, or others the reviewing entity wants to include and (2) confidential information that is held by DSS. As a practice note, if both entities decide to conduct a review, a shared review allows for shared conferences with participants, which is both user friendly and administratively efficient.
Nothing in the law allows for information sharing and/or the disclosure of a reporter’s identity during a review. Further, although the reporter shares information with the reviewing entity, the reporter is not entitled to hear about all the information that has been received by DSS or gathered by the reviewing entity. Confidential information shared with a government entity (here, the prosecutor or Division) can only be redisclosed for purposes directly connected with carrying out its mandated responsibilities. G.S. 7B-302(a1)(1);
see also G.S. 108A-80(a) (confidentiality of social services records related to a client (here, the child and family) applying to “any person,” which includes a prosecutor or Division staff conducting a review).
Outcomes
Following a review, the reviewing entity makes at least one of the following decisions:
- affirm the DSS decision not to file a petition;
- refer the case to law enforcement and request an investigation (presumably because the reviewing entity believes a crime has been committed);
- “direct the director to file a petition”; or
- for the Division only, direct DSS to take a specific action separate from filing a petition (e.g., provide in-home services).
G.S. 7B-306(b).
If both entities conduct a review and only one entity directs that a petition be filed, DSS must file the petition. G.S. 7B-306(b)(3). To avoid conflicting decisions regarding whether a petition must be filed, a shared review may be prudent.
If a reviewing entity requires a petition be filed, DSS may want to request a written summary of the basis for the decision, including (if applicable) any new information the reviewing entity may have received from the conferences that were held with other persons where DSS was not present. Ultimately, it is DSS that alleges the facts and must prove by clear and convincing evidence that the child is abused, neglected, or dependent.
In re E.H., 227 N.C. App. 525.
Filing a petition does not guarantee that the family will immediately receive services other than the petition being filed or that the child will be removed from the home. DSS may not seek a nonsecure custody order if it determines the criteria for nonsecure custody (which differ from whether the juvenile is abused, neglected, or dependent) are not present.
See G.S. 7B-503. Further, if DSS is unable to prove by clear and convincing evidence that the child is abused, neglected, or dependent, the court must dismiss the petition with prejudice.
G.S. 7B-807(a). If DSS proves the juvenile is abused, neglected, or dependent, one of the decisions at initial disposition that the court will make is whether the child is removed from or remains in their home.
See G.S. 7B-903(a).
The statutes addressing the Division and/or prosecutor review does not explicitly address whether the reviewing entity must notify the reporter of its decision. Given the framework provided for DSS notifications, it is reasonable to assume that the reviewing entity may notify the reporter about the decision.
