BIG NEWS: S.L. 2019-245 Creates a New Universal Mandated Reporting Law for Child Victims of Crimes and Changes the Definition of “Caretaker”

[Editor's note: Because the information in this post cuts across multiple subject areas, the post will appear on several School of Government blogs.] An Act to Protect Children from Sexual Abuse and to Strengthen and Modernize Sexual Assault Laws, S.L. 2019-245 (S199) enacts and amends various laws related to crimes;* amends some civil and criminal statutes of limitations; requires mandatory training for school personnel addressing child sex abuse and trafficking; amends the definition of “caretaker” as it relates to child abuse, neglect, or dependency; and creates a new universal mandatory reporting law for child victims of certain crimes. This post discusses the amendment to the definition of caretaker and the new mandatory reporting law, which requires any adult to make a report to law enforcement when a juvenile is a victim of certain crimes. Caretaker in Abuse and Neglect Cases When a department of social services (DSS) and/or the district court in an abuse or neglect action is making a determination as to whether a juvenile is abused or neglected, the role of a caretaker in creating the child’s circumstances is considered. See G.S. 7B-101(1), (15). “Caretaker” is defined at G.S. 7B-101(3). Effective December 1, 2019, that definition is expanded by Part VI, Section 6 of S.L. 2019-245 to include “an adult entrusted with the juvenile’s care.” The amendment removes the limitation that the adult be a relative and now applies to relatives and nonrelatives alike who have responsibility for a juvenile’s health and welfare in a residential setting. For more [...]