South Carolina Child Abuse Laws

Every year, there are more than three million reports of child abuse involving almost six million children. More than 500,000 instances are confirmed as child abuse or neglect. And every day, between four and five children are killed by child abuse or neglect.

Child abuse laws help protect children from physical, emotional, and sexual abuse. States have laws prohibiting child abuse as well as laws requiring certain people to report suspected abuse.

South Carolina’s child abuse laws require certain third parties, like school employees and physicians, to report knowledge or suspicion of abuse to law enforcement.

State child abuse laws may vary in what they prohibit and their reporting requirements. This article explains South Carolina’s child abuse statutes, including the possible penalties for crimes involving child victims. It also clarifies how mandatory reporting laws work in South Carolina.

If you still have questions about your child abuse case, contact a local criminal defense attorney or child abuse lawyer in South Carolina.

How South Carolina Defines Child Abuse

Under South Carolina law, child abuse occurs when someone harms or threatens to harm a child or negatively impacts child welfare. State law prohibits the following:

• Physical injury/physical abuse
• Emotional injury
• Mental injuries or negatively impacting a child’s mental health
• Excessive corporal punishment/physical discipline
• Sexual abuse/sexual exploitation
• Allowing or promoting excessive school absences
• Medical abuse or failure to provide necessary medical care
• Subjecting a child to domestic violence
• Neglect or maltreatment
• Allowing or promoting substance abuse

According to the S.C. Code, the above behaviors constitute unlawful conduct toward a child. They threaten the child’s well-being and can cause long-term damage.

Who Can Face Child Abuse Charges?

Anybody who serves as a caregiver to a child can be responsible for child abuse or neglect in South Carolina.

The state can charge the following individuals with abuse/neglect or for failing to report suspected abuse:

• Child’s parent
• Foster parent
• Foster care agency
• Guardian ad litem
• Manager of foster homes
• Anybody who cares for children in a professional capacity
• Anyone who has custody of the child

Anyone can report suspicion of child abuse, but those listed above are mandated reporters.

Penalties for Child Abuse in South Carolina

South Carolina takes the crime of child abuse very seriously. The penalties for child abuse and neglect range from fines to lengthy prison sentences. It all depends on the facts of the case and whether or not the child involved suffers a physical injury.

According to South Carolina law, the following penalties apply to child abuse and related crimes:

• Cruelty to a child: A misdemeanor punishable by up to 30 days in jail and a fine of $100 to $500
• DUI with a child in the vehicle: DUI with a child in the car carries up to 60 days in jail and a fine of up to $1,500, while a child injured as a result of the DUI is a felony charge with up to 15 years in prison for the driver
• Child endangerment: This carries the same penalty as cruelty to a child, unless there’s physical harm to a child, which makes it a felony punishable by up to ten years in state prison
• Felony child abuse: A felony with up to ten years in prison

Mandatory Reporters in South Carolina

A mandated reporter must submit a report when they have reason to believe a child’s physical or mental health or welfare is in danger due to abuse or neglect. South Carolina law requires the following people to report suspected child abuse or neglect:

• Healthcare providers (physicians, nurses, dentists, etc.)
• Mental health or allied health professionals
• Clergy
• Christian Science practitioner
• Religious healer
• School teacher/counselor
• Childcare facility employees
• Medical examiners
• Police or law enforcement officer
• Undertaker/funeral home director

The state of South Carolina tasks the above professionals with reporting child abuse and neglect to child protective services. If a mandated reporter fails to do so, they’ll face fines and other penalties.

Failure to report child abuse is a misdemeanor with a fine of up to $500 and/or jail for up to six months. Someone who makes a false report of child abuse can face a civil action for actual and punitive damages, costs, and attorneys’ fees.

Anyone who suspects a child is being abused should contact their county’s Department of Social Services (DSS) or local law enforcement agency.

Getting Help

Child abuse is a serious crime and can have destructive physical and emotional effects. If you think a child is being neglected or abused, you should report child abuse cases to the authorities as soon as possible. For more articles and resources on this topic, you can visit FindLaw’s Child Abuse section.

If you need legal assistance concerning a possible or existing child abuse matter, contact a South Carolina criminal defense attorney.