Child abuse is the serious physical injury or serious emotional damage of a child. An abused child is any child under 18 years of age whose parent or guardian, custodian or caretaker:
a) seriously injures him physically or allows him to be seriously physically injured by other than accidental means; or
b) creates a substantial risk of serious physical injury to the child by other than accidental means; or
c) uses or allows to be used upon the child cruel or grossly inappropriate procedures or devices to change the child's behavior; or
d) commits, permits or encourages the commission of the following acts by, with or upon the juvenile: first-degree rape, first-degree sexual offense; second-degree sexual offense; sexual act by a custodian; crime against nature; incest; preparation of obscene photographs, slides or motion pictures of the juvenile; employing or permitting the juvenile to assist
in a violation of the obscenity laws; dissemination of obscene material to the juvenile; displaying or disseminating material harmful to the juvenile; first and second-degree sexual exploitation of the juvenile; promoting the prostitution of the juvenile; and taking indecent liberties with the juvenile, regardless of the age of the parties; or
e) creates or allows to be created serious emotional damage to the child; or
f) encourages, directs or approves of the juvenile�s commission of delinquent acts.
92. What is child neglect?
Neglect of a child occurs when the child's physical or emotional needs are not met. A neglected child is any child under 18 years of age who:
a) does not receive proper care, supervision or discipline from his/her parent, guardian, custodian or caretaker; or
b) has been abandoned; or
c) is not provided necessary medical care; or
d) is not provided necessary remedial care; or
e) lives in an environment that is injurious to the child's welfare; or
f) has been placed for care or adoption in violation of the law.
93. What is dependency?
A juvenile is dependent if he/she needs assistance or placement because the child has no parent, guardian or custodian responsible for his/her care or supervision; or the child's parent, guardian or custodian is not able to provide for the child's care or supervision and there is absence of an appropriate alternative child-care arrangement.
94. What should a youth do if he/she is being abused or neglected or is dependent?
Talk to a caring adult, such as a trusted relative, school teacher, counselor or social worker. If the adult does not believe the youth or does not offer to help, the youth should talk to another responsible adult. Keep telling people until someone believes the events are occurring and offers to help. A youth may also call the county Department of Social Services or 911 to report abuse. Child Help USA's national child abuse hotline may be contacted 24 hours a day at 1-800-4-A-CHILD.
95. Who can report abuse or neglect?
North Carolina law requires that every person or institution that suspects that a child is abused, neglected or dependent must report the case to the county social services department.
96. What happens if parents are reported for abuse or neglect?
The county social services department is required to promptly and thoroughly investigate the report to determine whether there is abuse or neglect and to determine the level of risk to the child. After those determinations are reached, a decision is made as to whether immediate removal of the child from the home is necessary for his/her protection. If immediate removal is not necessary, but abuse, neglect or dependency has occurred, protective services will be provided. If abuse, neglect or dependency is substantiated, the Department of Social Services may choose to file a juvenile petition in District Court , in which case a judge will decide what course of action is best for the child. If a child is being abused by someone other than the parents without the parents' knowledge, the parents will not be held responsible for the abuse.
97. What are protective services?
Protective services are provided to a child and the family with two major goals in mind:
(1) to ensure the safety and well-being of the child, and
(2) to preserve and stabilize the family.
There are treatment services available to help parents become more responsible, to prevent abuse or neglect, to improve the quality of child care, and to preserve family life. If the parents refuse to accept the protective services or if immediate removal of the child from the home seems necessary, the social services department must petition the District Court to request intervention and to be able to remove the child physically from the home. In emergency cases, a protective services worker may assume immediate, temporary custody of the child prior to the
filing of a petition.
98. What happens if a juvenile petition is filed alleging abuse, neglect or dependency?
If a juvenile petition is filed, the case goes to court for a hearing. The social services department will seek a court order to protect the child. There are many possible outcomes of these hearings depending on what the court determines is best for the particular child. All efforts are made to keep the child in his/her home, if that is what is in the best interest of the child. The safety of the child is the primary concern.
99. What is incest?
Incest occurs when a person has sexual intercourse with a family member whom that person is forbidden by law to marry. In North Carolina, incest is sexual intercourse between parent and child, stepchild or legally adopted child; grandparent and grandchild; uncle and niece or nephew and aunt.
100. What does "taking indecent liberties with children" mean?
It is the commission of sexual acts by anyone 16 years or older with anyone who is under the age of 16 and at least five years younger than the offender.
101. What is rape?
Rape is committed when a person forces another person to engage in sexual intercourse. First-degree rape occurs if one of the following is true:
1) a dangerous or deadly weapon is used;
2) serious personal injury is done;
3) one or more other persons aid and abet the person committing the offense;
4) the victim is 12 years old or younger and the defendant is four years older than the victim.
A person commits second-degree rape when he/she engages in vaginal intercourse with another person by force and against the will of the other person. First-degree rape is punishable by life imprisonment while second-degree rape is punishable by as much as 40 years imprisonment.
102. What is statutory rape?
Under North Carolina law, a person commits statutory rape when engaging in vaginal intercourse or other sex acts with a person who is 13, 14 or 15, and the defendant is more than four years older than the victim, even if the younger person consents. Consent is not an issue in statutory rape. The key element is the age of the victim and the difference between the age of the victim and the perpetrator. In North Carolina the age of consent is the age at which it is felt that a young person is old enough to understand the consequences of his or her actions and can freely agree to sexual intercourse or another sex act. Current state law says that age is 16.
103. What is date rape?
Date rape is the same as rape, except in the case of date rape the victim knows the offender. The victim might know the offender by casual acquaintance or very well. Sexual intercourse that occurs by force or against the will of the victim, even if the victim knows the offender, is rape. It is also rape if someone has sexual intercourse with a person who is not able to consent to sex (for example, if the victim is unconscious or incoherent).
104. What is domestic violence or relationship abuse?
Domestic violence and relationship abuse occur when one or both people who are married, living together, dating or involved in a relationship engage in hitting, threatening and/or otherwise assaulting each other. There are laws that prohibit people from hurting each other regardless of their relationship.
105. What should be done when a person is raped?
If you or a friend needs help due to a rape, sexual assault or sexual abuse, talk to a trusted adult, such as a parent, friend or relative, as soon as you possibly can. Many areas also have a local rape crisis shelter, domestic violence shelter or hotline, which may be listed inside the front cover of the phone book. You should contact the police or sheriff's department, or your physician or local hospital. You may also simply dial 911. If possible, do not change anything about your physical condition. For example, do not take a bath or shower until you have talked to law enforcement officers. They will likely have you examined by a physician.
106. Where should I go to get help in dealing with rape, domestic violence or relationship abuse?
As with other forms of abuse, talk to a trusted adult who can help you. If your community has a local rape crisis shelter, domestic violence shelter, or abuse hotline, it can also help. You have the right to live without being abused and hurt by others. Make sure you get the help you need. The Rape, Abuse, Incest National Network (RAINN) has a 24-hour counseling and crisis line, which you may reach by calling 1-800-656-4673. You may obtain information about sexual assault by calling the N.C. Coalition Against Sexual Assault at 1-888-737-2272. There is also a nationwide toll-free domestic violence information and referral service at 1-800-799-7233.