Family Law Q&A Series

What steps should I take to involve child protective services in my sibling’s custody case? – North Carolina

Short Answer

In North Carolina, report suspected child abuse or neglect immediately to the county Department of Social Services (DSS) where the child lives or is currently located. DSS will screen and assess the report and can seek court protection if needed. You may file for emergency custody in District Court at the same time. Reporting is confidential, and good‑faith reporters are protected from liability.

Understanding the Problem

You want to know how to get North Carolina child protective services (DSS) involved while you pursue custody in family court. You are the child’s sibling, and the current parent has begun physically punishing the child. You need to know who to call, what to provide, and how this works alongside an emergency custody request in District Court.

Apply the Law

North Carolina law requires any person who suspects a child is abused, neglected, or dependent to report that concern to the local DSS. The report can be made from inside or outside the state. DSS (through Child Protective Services) promptly screens and assesses the report and can file a juvenile court action for protective orders and nonsecure custody if necessary. Separately, you may file a Chapter 50 custody action and request an ex parte emergency order if the child faces a substantial risk of bodily injury or sexual abuse. The main forum for custody is the District Court in the child’s county; DSS involvement proceeds in juvenile court if DSS files a petition.

Key Requirements

  • Mandatory report: If you reasonably suspect abuse, neglect, or dependency, make an immediate report to the county DSS.
  • Where and how to report: Contact DSS in the child’s county by phone or in person; provide basic facts (names, locations, what happened, current safety concerns).
  • DSS assessment: DSS promptly screens and assesses; they may interview the child/caregiver, develop a safety plan, or seek court orders.
  • Possible DSS outcomes: No services, voluntary services/safety plan, or a juvenile petition seeking court supervision or nonsecure custody.
  • Parallel family-court action: You may file for custody and seek an ex parte emergency order in District Court when there is a substantial risk of serious harm.
  • Confidentiality and protection: Reporter identity is confidential, and good‑faith reporters have immunity.

What the Statutes Say

Analysis

Apply the Rule to the Facts: As the child’s sibling, you must report suspected abuse to the child’s county DSS right away. Give the core facts about the parent’s physical punishment and current safety risks. DSS will promptly assess and can implement a safety plan or seek court protection if needed. At the same time, you can file for custody in District Court and request an ex parte emergency order if the child faces a substantial risk of serious harm.

Process & Timing

  1. Who files: You (as reporter). Where: County DSS in North Carolina where the child lives or is located. What: Make a CPS report by phone or in person; share names, addresses, relationship, what happened, when, and immediate safety concerns. When: Report immediately when you suspect abuse, neglect, or dependency.
  2. DSS screens and, if accepted, promptly begins an assessment. They may contact you, the child, and the caregiver; request records; and implement a safety plan. Timelines and steps can vary by county and case urgency.
  3. In parallel, custody: File a verified custody complaint (and motion for ex parte emergency custody if warranted) in District Court in the child’s county. The court sets a prompt hearing on any ex parte order and then enters a temporary order after both sides are heard.

Exceptions & Pitfalls

  • Out-of-state reporter: You can report from anywhere; call the North Carolina county DSS where the child lives or is currently located.
  • Juvenile case overlap: If DSS files a juvenile abuse/neglect case, that court generally controls the child’s placement while the case is pending; coordinate your custody filing with any juvenile proceeding.
  • Do not investigate yourself: Share what you know; avoid confronting the caregiver or interviewing the child in depth, which can complicate DSS’s assessment.
  • Confidentiality: DSS keeps your identity confidential by law except in limited circumstances ordered by a court.
  • Military service: If you are on active duty, notify the court; scheduling protections may be available under servicemember relief laws.

Conclusion

To involve child protective services in North Carolina, report suspected abuse, neglect, or dependency to the child’s county DSS immediately. DSS will promptly assess and, if needed, seek court protection. You may also file a custody action and request an ex parte emergency order when the child faces a substantial risk of serious harm. Next step: contact the county DSS now to open a CPS report and, in parallel, file your custody case in District Court.

Talk to a Family Law Attorney

If you’re dealing with urgent safety concerns and need to coordinate CPS involvement with an emergency custody filing, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.