SOUTH CAROLINA
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Ann. Code § 63-7-310
The following professionals are required to report:
• Physicians, nurses, dentists, optometrists, medical examiners, or coroners
• Employees of county medical examiner’s or coroner’s offices
• Any other medical, emergency medical services, mental health, or allied health professionals
• Members of the clergy, including Christian Science practitioners or religious healers
• Clerical or nonclerical religious counselors who charge for services
• School teachers, counselors, principals, assistant principals, or school attendance officers
• Social or public assistance workers, substance abuse treatment staff, or child care workers in a child care center or foster care facility
• Foster parents
• Police or law enforcement officers or juvenile justice workers
• Undertakers, funeral home directors, or employees of a funeral home
• Persons responsible for processing films or computer technicians
• Judges
• Volunteer nonattorney guardians ad litem serving on behalf of the South Carolina Guardian Ad Litem Program or the Richland County Court-Appointed Special Advocates program
Other persons required to report
Citation: Ann. Code § 63-7-310
A person who has reason to believe that a child’s physical or mental health or welfare has been or may be adversely affected by abuse and neglect may report, and is encouraged to report, in accordance with this section.
Institutional responsibility to report
Citation: Ann. Code §§ 63-7-310; 63-7-315
A person who reports child abuse or neglect to a supervisor or person in charge of an institution, school, facility, or agency is not
relieved of his or her individual duty to report in accordance with this section. The duty to report is not superseded by an internal investigation within the institution, school, facility, or agency.
An employer must not dismiss, demote, suspend, or otherwise discipline or discriminate against an employee who is required or permitted to report child abuse or neglect pursuant to § 63-7-310 based on the fact that the employee has made a report of child abuse or neglect.
An employee who is adversely affected by conduct that is in violation of this section may bring a civil action for reinstatement
and back pay. An action brought pursuant to this section may be commenced against an employer, including the State; a political
subdivision of the State; and an office, department, independent agency, authority, institution, association, or other body in State
government.
WHAT ARE THEY REQUIRED TO REPORT
Citation: Ann. Code § 63-7-310
A report is required when a reporter, in his or her professional capacity, receives information that gives him or her reason to believe that a child has been or may be abused or neglected.
PENALTIES FOR FAILING TO REPORT
Failure to Report
Citation: Ann. Code § 63-7-410
Any mandatory reporter or any person required to perform any other function under the reporting laws who knowingly fails to do so, or a person who threatens or attempts to intimidate a witness, is guilty of a misdemeanor and, upon conviction, must be fined not more than $500 or be imprisoned for not more than 6 months, or both.
PENALTIES FOR FALSE REPORTING
False Reporting
Citation: Ann. Code §§ 63-7-430; 63-7-440
If the family court determines that a person has made a report of suspected child abuse or neglect maliciously or in bad faith, or if a person has been found guilty of making a false report pursuant to § 63-7-440, the Department of Social Services may bring a civil action to recover the costs of the department’s investigation and proceedings associated with the investigation, including attorney’s fees. The department also is entitled to recover costs and attorney’s fees incurred in the civil action authorized by this section. The decision of whether to bring a civil action is in the sole discretion of the department.
If the family court determines that a person has made a false report of suspected child abuse or neglect maliciously or in bad faith or if a person has been found guilty of making a false report, a person who was subject of the false report has a civil cause of action against the person who made the false report and is entitled to recover from the person who made the false report such relief as may be appropriate, including actual damages, punitive damages, a reasonable attorney’s fee, and other litigation costs reasonably incurred.
It is unlawful to knowingly make a false report of abuse or neglect. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than $5,000 or imprisoned for not more than 90 days, or both.
PRIVILEGED COMMUNICATIONS
Citation: Ann. Code § 63-7-420
The privileged quality of communication between husband and wife and any professional person and his or her patient or client, except that between attorney and client or clergy member, including a Christian Science practitioner or religious healer, and penitent, does not constitute grounds for failure to report. However, a clergy member, including a Christian Science practitioner or religious healer, must report in accordance with this subarticle except when information is received from the alleged perpetrator of the abuse and neglect during a communication that is protected by the clergy and penitent privilege as provided for in § 19-11-90.
REPORTER’S IDENTITY
Inclusion of Reporter’s Name in Report
The reporter is not specifically required by statute to provide his or her name in the report.
Disclosure of Reporter Identity
Citation: Ann. Code § 63-7-330
The identity of the person making a report pursuant to this section must be kept confidential by the agency or department receiving the report and must not be disclosed, except as specifically provided for in statute.