Wellness Check Legal Guidelines

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Summary

Law enforcement in South Carolina typically needs to make visual contact during wellness checks to ensure safety. If a physical check isnt possible, you can provide recent photos, videos, or statements from reliable witnesses. Misuse of wellness checks for harassment can be addressed by documenting incidents and filing a formal complaint. Anyone can request a wellness check, but if harassment is proven, alternative evidence may be considered. Not cooperating with law enforcement could lead to legal consequences, so consulting a family law attorney is advisable.

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does law enforcement have to lay eyes on someone for a wellness check
Hi ****, nice to meet you. In South Carolina, law enforcement typically needs to make visual contact during a wellness check to ensure the individual's safety and well-being. However, procedures can vary based on the specific circumstances and agency policies.
Is there a particular situation you're concerned about?
Proving a child is safe to law enforcement without them physically laying eyes on them
Hi ****,
In South Carolina, law enforcement generally prefers to make visual contact during wellness checks, especially involving children. However, if a physical check isn't possible, you can:
- Provide recent photos or videos of the child.
- Arrange a video call with law enforcement.
- Offer statements from reliable witnesses (e.g., doctors, teachers).
Is there a specific reason you're unable to let law enforcement see the child in person?
Yes. There are a couple of reasons. One being that she is in a different state. Another reason being that I have been harassed daily. Have made several police reports.The wellness check was requested under false pretenses. There was not genuine concern but more of a way to harass me using law enforcement
****, I'm sorry to hear about your situation. In South Carolina, misuse of law enforcement for harassment can be addressed. Here are some steps you can consider:
- Document all incidents of harassment.
- File a formal complaint with the police department.
- Consider seeking a restraining order against the harassing party.
Would you like information on how to file a formal complaint?
yes
Sure, ****. Here are the steps to file a formal complaint with the police department in South Carolina:
- **Gather Evidence**: Collect all documentation related to the harassment (e.g., police reports, messages).
- **Write a Detailed Account**: Prepare a detailed written account of each incident.
- **Contact Internal Affairs**: Reach out to the Internal Affairs division of the law enforcement agency involved.
- **Submit Your Complaint**: File your complaint in person, by mail, or online if available.
Would you like assistance with any specific part of this process?
no.
Understood, ****. If you have any other legal questions or need further assistance in the future, feel free to reach out. Stay safe and take care!
I have more questions
Of course, ****. I'm here to help. What else would you like to know?
If my child is in a different state and a detective wants to call the law enforcement where she is to go lay eyes on her, Can I say no unless I am present?
****, in general, law enforcement conducting a wellness check typically aims to ensure the child's safety directly. While you can express your concerns and request to be present, the final decision rests with the authorities involved. For specific advice, consider consulting a family law attorney.
Is there anything else you need help with?
If someone has requested three wellness checks in four days is that considered harassment?
Hi ****, I'm sorry to hear about your situation. In South Carolina, requesting multiple wellness checks in a short period could be considered harassment if done with malicious intent. Here are some steps you can take:
- **Document Each Incident**: Note down dates, times, and details.
- **File a Police Report**: Report the harassment to law enforcement.
- **Consider a Restraining Order**: Seek legal protection from further harassment.
Would you like more information on any of these steps?
Is a time stamped screen recording of a FaceTime call considered verification a child is safe
Hi ****, a time-stamped screen recording of a FaceTime call may be considered as evidence to verify a child's safety, but it's ultimately up to the law enforcement agency to accept it. Here are some points to consider:
- **Time-Stamped Evidence**: Demonstrates the recency and context.
- **Clear Visuals**: Ensures the child is visible and appears well.
- **Supplementary Evidence**: Provide additional proof if possible.
Would you like more information on gathering supplementary evidence?
yes
Hi ****,
To gather supplementary evidence to verify your child's safety, consider the following:
- **Recent Photos or Videos**: Provide clear images showing the child in a safe environment.
- **Statements from Trusted Individuals**: Get written or recorded statements from teachers, doctors, or other trusted parties.
- **Medical and School Records**: Offer recent records that show the child's well-being.
Would you like detailed steps on how to collect any of these types of evidence?
So a time stamped screen recording of a FaceTime call is proof a child is safe
Hi ****,
A time-stamped screen recording of a FaceTime call can serve as evidence of a child's safety, but acceptance depends on the law enforcement agency. Supplementing it with additional evidence like:
- **Recent Photos/Videos**
- **Statements from Trusted Individuals**
- **Medical/School Records**
can strengthen your case.
Would you like detailed steps on gathering any of these types of evidence?
Can I provide a text from someone to law enforcement as a way to confirm my child is safe?
Hi ****,
You can provide a text message to law enforcement as part of the evidence to confirm your child's safety, but it may not be sufficient on its own. Here are some additional steps you can take:
- **Recent Photos or Videos**: Clear, recent images.
- **Statements from Trusted Individuals**: From teachers, doctors, etc.
- **Medical and School Records**: Showing the child's well-being.
Would you like more detailed steps on gathering any of these types of evidence?
Who can request a wellness check on a child?
Hi ****,
In South Carolina, the following individuals can request a wellness check on a child:
- Family members or relatives
- Friends or neighbors concerned about the child's welfare
- Teachers or school officials
- Healthcare providers
- Law enforcement officers
Is there a specific scenario you're concerned about?
yes
****, could you please provide more details about the specific scenario you are concerned about? This will help me give you more accurate information.
The father of my child requested a wellness check but he has not proven to be the father legally via paternity test or on her birth certificate. Can he request a wellness check
Hi ****,
In South Carolina, anyone can request a wellness check if they have genuine concern for a child's welfare, including someone who claims to be the father. However, if you believe the request is made under false pretenses, you can:
- **Document the Incidents**: Keep a record of each wellness check request.
- **Report to Law Enforcement**: Inform them of potential harassment.
- **Seek Legal Advice**: Consult a family law attorney for further steps.
Would you like more information on any of these actions?
If there is harassment going on and the person who is harassing me requested a wellness check on my child, she was not with me and investigation has started can the investigation end without seeing the child physically if harassment is proven?
Hi ****,
In South Carolina, an investigation typically requires visual confirmation of the child's safety. However, if harassment is proven, law enforcement may consider alternative evidence like:
- **Time-Stamped Photos/Videos**
- **Statements from Trusted Individuals**
- **Medical/School Records**
Would you like more details on how to gather this evidence?
What happens if I don't tell a detective where my child is located and tell them I will get a lawyer
Hi ****,
If you don't tell a detective where your child is located and inform them you're getting a lawyer, the detective may:
- Continue the investigation without your cooperation.
- Seek a court order to locate the child.
- Consider the lack of cooperation as a potential red flag.
Would you like more information on how to proceed legally?
yes
Hi ****,
Here are steps you can take to proceed legally in South Carolina:
- **Consult a Family Law Attorney**: Get legal advice tailored to your specific situation.
- **Gather Evidence**: Collect any documentation that supports your claims, including harassment evidence.
- **Cooperate with Law Enforcement**: Provide necessary information while protecting your rights.
Would you like detailed steps on any of these actions?
Will I get arrested if I don't tell a detective where my child is
Hi ****,
In South Carolina, failure to cooperate with law enforcement in locating a child could potentially lead to legal consequences, including arrest, especially if it's perceived as obstructing an investigation. Consulting a family law attorney promptly is advisable.
Would you like more detailed information on how to find a family law attorney?
Do I have to speak to a detective
Hi ****,
In South Carolina, you are not legally required to speak to a detective without an attorney present. However, not cooperating might escalate the situation. Consulting a family law attorney for personalized advice is strongly recommended.
Would you like information on how to find a family law attorney?
no
Alright, ****. If you have any other legal questions or need further assistance in the future, feel free to reach out. Stay safe and take care!