(a) Any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent, as defined by G.S. 7B-101, or has died as the result of maltreatment, shall report the case of that juvenile to the director of the department of social services in the county where the juvenile resides or is found. The report may be made orally, by telephone, or in writing. The report shall include information as is known to the person making it including the name and address of the juvenile; the name and address of the juvenile's parent, guardian, or caretaker; the age of the juvenile; the names and ages of other juveniles in the home; the present whereabouts of the juvenile if not at the home address; the nature and extent of any injury or condition resulting from abuse, neglect, or dependency; and any other information which the person making the report believes might be helpful in establishing the need for protective services or court intervention. If the report is made orally or by telephone, the person making the report shall give the person's name, address, and telephone number. Refusal of the person making the report to give a name shall not preclude the department's assessment of the alleged abuse, neglect, dependency, or death as a result of maltreatment.
(b) Any person or institution who knowingly or wantonly fails to report the case of a juvenile as required by subsection (a) of this section, or who knowingly or wantonly prevents another person from making a report as required by subsection (a) of this section, is guilty of a Class 1 misdemeanor.
(c) Repealed by Session Laws 2015-123, s. 3, effective January 1, 2016. (1979, c. 815, s. 1; 1991 (Reg. Sess., 1992), c. 923, s. 2; 1993, c. 516, s. 4; 1997-506, s. 32; 1998-202, s. 6; 1999-456, s. 60; 2005-55, s. 3; 2013-52, s. 7; 2015-123, s. 3.)
Notes of Decisions
Cited in
27
cases (
3 in the last 5 years), 2000–2025 · leading case:
Dobson v. Harris, 530 S.E.2d 829 (N.C. 2000).
Dobson v. Harris, 530 S.E.2d 829 (N.C. 2000).
· cites it 9× “§ 7A-543 (1995) (repealed and recodified as *78 N.C.G.S. § 7B-301 (1999)), 1 that require anyone suspecting child abuse or neglect 2 to report that behavior to the Department of Social Services.”
In Re Stumbo, 582 S.E.2d 255 (N.C. 2003).
· cites it 6× “N.C.G.S. § 7B-301 (2001). Thus, before the mandated statutory requirement for an investigation under N.”
State v. Ditenhafer, 812 S.E.2d 896 (N.C. Ct. App. 2018).
· cites it 10× “And while it is true that North Carolina mandates reporting of actual or suspected child abuse and criminalizes a breach of this duty as a misdemeanor, N.C. Gen. Stat. § 7B-301 (2015), Defendant was not charged with violation of this statute in her indictment.”
Blaylock v. North Carolina Dep't of Corr., 685 S.E.2d 140 (N.C. Ct. App. 2009).
· cites it 14× “§ 7B-301 provides that “Any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent, as defined by G.”
Smith v. Jackson Cnty. Bd. of Educ., 608 S.E.2d 399 (N.C. Ct. App. 2005).
· cites it 4× “shall report the case of that juvenile to the director of the department of social services in the county where the juvenile resides or is found.” N.C. Gen. Stat. § 7B-310 (2003) states that “[n]o privilege shall be grounds for any person or institution failing to report that a…”
Burgess v. Busby, 544 S.E.2d 4 (N.C. Ct. App. 2001).
· cites it 3× “§ 7A-543 *400 (now N.C.G.S. § 7B-301) imposes an affirmative duty for anyone with ‘cause to suspect’ child abuse or neglect to report that conduct to the department of social services.”
Kroh v. Kroh, 567 S.E.2d 760 (N.C. Ct. App. 2002).
· cites it 6× “Furthermore, N.C. Gen. Stat. § 7B-309 (2001) provides immunity from civil liability to those who report such conduct in accordance with G.”
In Re Wbm, 690 S.E.2d 41 (N.C. Ct. App. 2010).
· cites it 4× “N.C. Gen.Stat. § 7B-301. State law places an affirmative duty on all individuals and institutions who have "cause to suspect that any juvenile is abused, neglected, or dependent.”
Rouse v. Forsyth Cnty. Dep't of Soc. Servs., 822 S.E.2d 100 (N.C. Ct. App. 2018).
· cites it 10× “The greater weight of the evidence does not establish a violation of *109 N.C.G.S. § 7B-301. N.C.G.S. § 7B-301 makes it a class 1 misdemeanor to knowingly or wantonly fail to report the case of a juvenile, when that person has cause to suspect that any juvenile is abused,…”
In re of A.K., 628 S.E.2d 753 (N.C. 2006).
· cites it 6× “See N.C.G.S. § 7B-301 (2005) (“Any person . .”
Ostwalt v. Charlotte-Mecklenburg Bd. of Educ., 614 F. Supp. 2d 603 (W.D.N.C. 2008).
· cites it 3× “The plaintiff alleges that the Law Enforcement Defendants were negligent in failing to report the allegations of abuse to the Department of Social Services (“DSS”) pursuant to North Carolina General Statute § 115C-400 and § 7B-301. Section 115C-400 provides that “[a]ny person…”
Lueallen v. Lueallen, 790 S.E.2d 690 (N.C. Ct. App. 2016).
· cites it 2× “In fact, if the psychologist accepts Mother's claims as true, the psychologist will be bound by law to make yet another report to DSS of Father's alleged abuse, since a report is required by N.C. Gen. Stat. § 7B-301(a) (2015). Mother even acknowledged that she was aware of this…”
— N.C. Gen. Stat. § 7B-301(a) — 5 cases
Lueallen v. Lueallen, 790 S.E.2d 690 (N.C. Ct. App. 2016).
“In fact, if the psychologist accepts Mother's claims as true, the psychologist will be bound by law to make yet another report to DSS of Father's alleged abuse, since a report is required by N.C. Gen. Stat. § 7B-301(a) (2015). Mother even acknowledged that she was aware of this…”
Rouse v. Forsyth Cnty. Dep't of Soc. Servs., 822 S.E.2d 100 (N.C. Ct. App. 2018).
“The greater weight of the evidence does not establish a violation of *109 N.C.G.S. § 7B-301. N.C.G.S. § 7B-301 makes it a class 1 misdemeanor to knowingly or wantonly fail to report the case of a juvenile, when that person has cause to suspect that any juvenile is abused,…”
— N.C. Gen. Stat. § 7B-301(b) — 3 cases
State v. Ditenhafer, 812 S.E.2d 896 (N.C. Ct. App. 2018).
“And while it is true that North Carolina mandates reporting of actual or suspected child abuse and criminalizes a breach of this duty as a misdemeanor, N.C. Gen. Stat. § 7B-301 (2015), Defendant was not charged with violation of this statute in her indictment.”
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