mandatory reporting

North Carolina’s Mandatory Reporting and Adult Protective Services Laws –
North Carolina General Statutes § 108A

North Carolina has been providing protective services to adults through its one hundred county Departments of Social Services since 1975. Our state began one of the nation’s first initiatives to recognize the needs of older and disabled adults who had been abused, neglected, and exploited and to develop a protective services program to address their needs.

Chapter 108A of the North Carolina General Statutes requires that “any person having reasonable cause to believe that a disabled adult is in need of protective services shall report such information” to the local Department of Social Services. In other words, every person in the State of North Carolina is a “mandatory reporter.” If they suspect abuse, neglect or exploitation of a disabled or elder adult. The statute provides
immunity from civil or criminal liability for reporters.  There is no criminal or civil penalty for non-reporting.

Local Departments must begin an evaluation of the
report:
· Immediately if the complaint alleges an emergency, the adult is in substantial danger of death, and unable to consent to services or have someone consent on their behalf.
· Within 24 hours if the complaint alleges irreparable harm and an emergency situation.
· Within 72 hours if the complaint does not allege danger of death or irreparable harm.

Based on the results of the evaluation, if the Department finds the adult is abused, neglected or exploited, the Department may provide or arrange for protective services. County agencies protect adults by:

· Planning and counseling with the disabled adult, the family or caregiver to identify, remedy, and prevent problems which result in abuse, neglect, or exploitation.
· Reporting evidence of mistreatment to the District Attorney and various regulatory agencies when appropriate.
· Mobilizing essential services on behalf of the disabled adult.
· Initiating court action as necessary to protect the adult.
· Notifying the district attorney’s office.

If the Department determines that the disabled adult is in need of protective services, and is able to give consent, the Department must secure that consent to provide services. If an adult does not consent or withdraws that consent, services will not be provided. The Department may petition the Court for an order to provide services to a consenting adult whose caretaker refuses to allow Departmental involvement. If the adult lacks the capacity to consent and needs services, the Department may petition the Court for an order authorizing the provision of services.