reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0500 - MINIMUM LICENSING STANDARDS › Section 70G .0513 - CRITICAL INCIDENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall have written policies and procedures for reporting critical
				  incidents.
(b) The agency shall
				  follow policies and procedures for handling any suspected incidents of abuse or
				  neglect of a child involving staff, subcontractors, volunteers, interns, or
				  foster parents in a foster home supervised by the agency. The policies and
				  procedures shall include:
(1) a provision for
				  reporting any suspicion of abuse or neglect to the appropriate county
				  department of social services for investigation;
(2) a provision for recording any suspected
				  incident of abuse or neglect and for reporting it to the executive director or
				  to the governing body;
(3) a
				  provision for notifying parents, guardian, or legal custodian;
(4) a provision for preventing a recurrence
				  of the alleged incident pending the investigative assessment;
(5) a policy concerning personnel action to
				  be taken when the incident involves a staff member, subcontractor, volunteer,
				  or intern;
(6) a policy concerning
				  the action to be taken when the incident involves a foster parent;
(7) a provision for submitting a critical
				  incident report to the licensing authority within 72 hours of the incident
				  being accepted for an investigation by a county department of social services;
				  and
(8) a provision for submitting
				  written notification to the licensing authority within 72 hours of the case
				  decision by the county department of social services conducting the
				  investigative assessment.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0100 - APPLICABILITY › Section 70H .0101-.0112

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 48-2-502;
					 48-3-204;
					 48-3-303;
					 110-57.1;
					 131D-10.3;
					 131D-10.5;
					 143B-153;
Eff.
					 February 1, 1986;
Amended Eff. June 1, 1990;
Temporary
					 Amendment Eff. Amended Eff. April 1, 1997; January 1, 1997; July 1, 1996; Eff.
					 December 6, 1996;
Amended Eff. March 1, 1992; November 1,
					 1996;
Recodified from
					 10 NCAC
					 41P .0001 Eff. December 6, 1996 (70H
					 .0101);
Recodified from
					 10 NCAC
					 41P .0002 Eff. December 6, 1996 (70H
					 .0102);
Recodified from
					 10 NCAC
					 41P .0003 Eff. December 6, 1996 (70H
					 .0103);
Recodified from
					 10 NCAC
					 41P .0004 Eff. December 6, 1996 (70H
					 .0104);
Recodified from
					 10 NCAC
					 41P .0005 Eff. December 6, 1996 (70H
					 .0105);
Recodified from
					 10 NCAC
					 41P .0006 Eff. December 6, 1996 (70H
					 .0106);
Recodified from
					 10 NCAC
					 41P .0007 Eff. December 6, 1996 (70H
					 .0107);
Recodified from
					 10 NCAC
					 41P .0008 Eff. December 6, 1996 (70H
					 .0108);
Recodified from
					 10 NCAC
					 41P .0009 Eff. December 6, 1996 (70H
					 .0109);
Recodified from
					 10 NCAC
					 41P .0110 Eff. December 6, 1996 (70H
					 .0110);
Recodified from
					 10 NCAC
					 41P .0011 Eff. December 6, 1996 (70H
					 .0111);
Recodified from
					 10 NCAC
					 41P .0012 Eff. December 6, 1996 (70H
					 .0112);
Repealed Eff. October 1,
					 2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0100 - APPLICABILITY › Section 70H .0113 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) County departments of social services may
				  charge reasonable fees for the preparation of a preplacement assessment or
				  report to the court in accordance with
				  G.S.
				  48-3-304(a) and
				  G.S.
				  48-2-504(a). No fee shall be
				  charged except pursuant to a written fee agreement which must be signed by the
				  parties to be charged prior to the beginning of the preparation. The fee
				  agreement shall not be based on the outcome of the report or the adoption
				  proceeding.
(b) Maximum fees for
				  the preparation of the reports shall not exceed:
(1) One thousand five hundred dollars ($1500)
				  for the preplacement assessment and report to the court; and
(2) Two hundred dollars ($200.00) for report
				  to the court only.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0100 - APPLICABILITY › Section 70H .0114 - LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) License.
(1) Licensure is required in accordance with
				  G.S.
				  131D-10.3 and with rules in Subchapters 70F
				  and 70H of this Chapter.
(2)
				  Licenses shall be in effect for two years unless suspended or revoked. Appeal
				  procedures specified in
				  10A NCAC
				  70L .0301 apply for persons seeking an appeal
				  of the licensing authority's decision to deny, suspend, or revoke a
				  license.
(3) Child-placing agencies
				  for adoption licensed after September 1, 2011shall have a three year or longer
				  accreditation from either the Council on Accreditation (COA), The Joint
				  Commission, formerly known as the Joint Commission on Accreditation of
				  Healthcare Organizations (TJC), The Commission on Accreditation and
				  Rehabilitation Facilities (CARF) or The Council on Quality and Leadership
				  (CQL).
(4) Applicants shall inform
				  the licensing authority of any current licenses or licenses held in the past
				  five years for child-placing agencies, maternity homes, or residential
				  child-care facilities in other states. Applicants shall provide written
				  documentation from the licensing authority in other states regarding
				  violations, penalties, or probationary status imposed in other
				  states.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0200 - SCOPE › Section 70H .0201 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Rules in
				  10A NCAC
				  70H shall apply to all persons intending to
				  provide adoption services which includes:
(1)
				  the provision of casework and other supportive services to biological parents
				  considering adoption;
(2) provision
				  of casework and other supportive services to the child considered for
				  adoption;
(3) provision of casework
				  and other supportive services to adoptive applicants through pre-placement
				  studies;
(4) selection of home and
				  placement process;
(5) supervision
				  after placement;
(6) fulfillment of
				  social and legal responsibilities;
(7) compilation and preservation of complete
				  case records; and
(8) provision of
				  post-adoption consultation services.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0300 - APPLICABILITY › Section 70H .0301 - ORGANIZATION AND ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
Persons licensed or seeking license to provide adoption
					 services shall comply with requirements of
					 10A NCAC
					 70F, Chapter 48 of the General Statutes of
					 North Carolina, and
					 G.S.
					 7B-3800, the Interstate Compact on Placement
					 of Children.
Authority
					 G.S.
					 48-3-204;
					 131D-10.3;
					 131D-10.5;
					 143B-153;
Eff.
					 October 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 3,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0300 - APPLICABILITY › Section 70H .0302 - CONFLICT OF INTEREST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) County
				  departments of social services and private child-placing agencies shall not
				  supervise adoptive placements of members of their board of directors,
				  governance structure, social services board, and county commission.
(b) County departments of social services and
				  private child-placing agencies shall not supervise adoptive placements of
				  agency employees and relatives of agency employees. Relatives include birth and
				  adoptive parents, blood and half blood relative and adoptive relative including
				  brother, sister grandparent, great-grandparent, great-great grandparent, uncle,
				  aunt, great-uncle, great-aunt, great-great uncle, great-great aunt, nephew,
				  niece, first cousin, stepparent, stepbrother, stepsister and the spouse of each
				  of these relatives.
(c) Private
				  child-placing agencies shall not supervise adoptive placements of agency
				  owners.
Authority
					 G.S.
					 48-3-204;
					 131D-10.3;
					 131D-10.5;
					 143B-153;
Eff.
					 October 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 3,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0400 - MINIMUM LICENSING STANDARDS › Section 70H .0402 - INTAKE PROCEDURES AND OUT-OF-HOME FAMILY SERVICES AGREEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The policies for acceptance of an
				  applicant for adoption services shall be defined in writing and shall relate to
				  the stated purpose of the agency. Acceptance of an applicant for services shall
				  be limited to those for whom the agency is qualified by staff, program and
				  services to give appropriate services.
(b) Applicants for international adoptions
				  shall receive information that includes the following topics:
(1) the characteristics of children who need
				  adoptive families;
(2) the criteria
				  by which the adoption agency and sending countries determine eligibility for
				  adoptive parents;
(3) the adoption
				  services that will be available, when they will be available and how long they
				  will be available;
(4) steps in the
				  adoption process;
(5) immigration
				  and obtaining citizenship;
(6)
				  average waiting time;
(7) risks
				  associated with international adoptions;
(8) adoption requirements of the sending
				  county; and
(9) the use of other
				  organizations or individuals to provide services.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0400 - MINIMUM LICENSING STANDARDS › Section 70H .0403 - PLACEMENT SERVICES TO FAMILIES AND CHILDREN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Those
				  persons providing as part of their adoption services program unplanned
				  pregnancy services shall:
(1) respect the
				  client's choice of alternatives to the unplanned pregnancy;
(2) assure the clients of confidential
				  handling of and restricted access to the case record;
(3) offer alternate plans of care for the
				  child and give supportive services or make appropriate referrals to other
				  resources for clients who do not release the child for adoption; and
(4) assist the client in obtaining maternity
				  home care during her pregnancy.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0400 - MINIMUM LICENSING STANDARDS › Section 70H .0404 - ADOPTIVE HOME APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The agency shall provide an application form for
					 prospective adoptive parents and shall determine in response to the completed
					 application whether, within the scope of the agency's program, it is
					 appropriate to conduct a preplacement assessment with the applicants. While the
					 age of applicants is among the factors that may be considered in determining
					 whether the agency conducts a preplacement assessment with the applicants,
					 there shall be no fixed chronological age at which applicants are automatically
					 rejected for study.
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
Eff.
					 October 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 3,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0400 - MINIMUM LICENSING STANDARDS › Section 70H .0406 - NOTIFICATION REGARDING PREPLACEMENT ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  agency shall notify the client who was the subject of a preplacement assessment
				  whether the assessment was favorable or unfavorable within 30 days after the
				  agency completes the assessment.
(b) The agency shall share with the client
				  the specific reasons a child cannot be placed in their home if the preplacement
				  assessment is unfavorable.
(c) The
				  client may request an internal review by the executive director of the adoption
				  agency if the client disagrees with the unfavorable preplacement
				  assessment.
(d) The client may file
				  a response with the Division of Social Services, Adoption Unit, and the
				  adoption agency after exhausting the agency's procedures for internal review.
				  The Division of Social Services, Adoption Unit, shall acknowledge receipt of
				  the response within 30 days, but has no authority to take any action with
				  respect to the response. A copy of the response shall be attached to the
				  unfavorable preplacement assessment.
(e) The Division of Social Services, Adoption
				  Unit shall notify the county department of social services of an unfavorable
				  preplacement assessment and the county department of social services shall take
				  appropriate action regarding any child placed in the home of the prospective
				  adoptive parent who is the subject of an unfavorable assessment.
Authority
					 G.S.
					 48-3-303;
					 131D-10.5;
					 143B-153;
Eff.
					 October 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 3,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0400 - MINIMUM LICENSING STANDARDS › Section 70H .0407 - SERVICES TO ADOPTIVE APPLICANTS AND FAMILIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  agency shall provide to adoptive applicants a written statement of the adoption
				  services it provides and of its procedure for selecting a prospective adoptive
				  parent for a child, including the role of the child's parent or guardian and
				  any criteria requested by the child's parent or guardian in the selection
				  process. This statement shall include a schedule of any fees or expenses
				  charged by the agency and a summary of the provisions of Chapter 48 of the
				  General Statutes that pertain to the requirements and consequences of a
				  relinquishment and to the selection of a prospective adoptive parent. An agency
				  which prepares preplacement assessments shall state whether it is available to
				  provide post-placement services, including the report to the court pursuant to
				  G.S.
				  48-2-501, and whether it can provide adoption
				  services to the adoptee and adoptive parents after the decree of adoption has
				  been entered.
(b) The agency shall
				  discuss the children available for adoption with the adoptive applicants. The
				  selection of a prospective adoptive parent for a minor shall be made by the
				  agency.
(c) Following completion of
				  a preplacement assessment, the agency shall prepare the adoptive applicants for
				  the placement of a particular child. Preparation shall include:
(1) information about the needs and
				  expectations of the child and of the adoptive family;
(2) information to the extent allowed by law
				  as specified in
				  G.S.
				  48-3-205 about the child's background and the
				  health history of the child's birth parents and other relatives; and
(3) visits with the child prior to
				  placement.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0400 - MINIMUM LICENSING STANDARDS › Section 70H .0408 - LEGAL PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall instruct the adoptive parents in procedures regarding the legal process
				  for adoption and shall instruct them to file their adoption petition pursuant
				  to G.S.
				  48-2-302(a) within 30 days
				  of placement of the child for adoption unless that time is extended by the
				  clerk.
(b) The agency shall prepare
				  and file the required consents and other documents and reports with the court
				  at the appropriate times once the adoption petition has been filed.
(c) During the process of preparing court
				  reports, the petitioner, and each member of the petitioner's home shall be
				  interviewed by the agency social worker in the petitioner's home. An additional
				  interview shall be conducted in the presence of the petitioner and the adoptee
				  to observe interactions between them. The report to the court shall be in
				  writing and contain the information required by
				  G.S.
				  48-2-502(b).
(d) The agency shall give the petitioner a
				  copy of each report filed with the court and retain a copy. In an agency
				  adoption, pursuant to
				  G.S.
				  48-2-502(b), the agency
				  shall not release to the petitioner a copy of any court order, judgment,
				  decree, or pending legal proceeding containing identifying information that
				  could reasonably be expected to lead directly to the identify of the adoptee at
				  birth or any former parent or family member of the adoptee.
Authority
					 G.S.
					 48-2-302;
					 48-2-502;
					 48-10-105;
					 131D-10.5;
					 143B-153;
Eff.
					 October 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 3,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter H - CHILD-PLACING AGENCIES: ADOPTION › Section .0400 - MINIMUM LICENSING STANDARDS › Section 70H .0409 - RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall keep separate records for each adoptive applicant and family that contain
				  the following:
(1) application
				  form;
(2) certified copies of
				  marriage certificates, if applicable;
(3) certified documentation of marriage
				  termination, if applicable;
(4)
				  current medical records on all family members and psychological or psychiatric
				  reports, if applicable;
(5)
				  references from at least three sources;
(6) preplacement assessment conducted by the
				  agency;
(7) copies of
				  correspondence to, from, and in regard to the applicants;
(8) summary and dates and content of contacts
				  prior to and following approval for adoption until the decree of adoption is
				  entered;
(9) copies of information
				  given to the applicant and family concerning the child or children to be placed
				  for adoption with them;
(10) copies
				  of all legal documents pertaining to the adoption; and
(11) summary containing the placement
				  decision, pre-placement and post-placement contacts with the family and
				  child.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0100 - GENERAL LICENSING REQUIREMENTS › Section 70I .0101 - LICENSING ACTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All rules in
				  10A NCAC
				  70I apply to residential child-care
				  facilities.
(b) License.
(1) The Department of Health and Human
				  Services, Division of Social Services, hereafter referred to as the "licensing
				  authority," shall issue a license when it determines that a residential
				  child-care facility is in compliance with rules in Subchapters 70I and in the
				  case of specialized residential child care programs, 70J of this
				  Chapter.
(2) A license shall be
				  issued for a period of two years.
(3) A residential child-care facility shall
				  not be licensed under both G.S. 131D and G.S. 122C.
(4) Residential child-care facilities
				  initially licensed after August 1, 2011 shall have a three year or longer
				  accreditation from either the Council on Accreditation (COA), The Joint
				  Commission (TJC), The Commission on Accreditation of Rehabilitation Facilities
				  (CARF), or The Council on Quality and Leadership (CQL).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0100 - GENERAL LICENSING REQUIREMENTS › Section 70I .0102 - LICENSING PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The license
				  process for a residential child-care facility shall consist of an application
				  phase, an investigatory phase and a decision making phase.
(b) Application Phase. An applicant shall
				  apply for a license to operate a residential child-care facility to the
				  licensing authority prior to the first child being accepted for full-time care.
				  An applicant shall apply for renewal of a license to operate a residential
				  child-care facility to the licensing authority prior to the expiration of the
				  current license.
(c) Investigatory
				  Phase. During the investigatory phase, the applicant shall submit to the
				  licensing authority information on the proposed program and projected methods
				  of operation. For proposed private and public residential child-care
				  facilities, the licensing authority staff, together with those seeking
				  licensure, shall complete the investigatory phase
(d) Decision Regarding Licensure. An
				  applicant shall submit all the materials required by Subchapters 70I and 70J,
				  to the licensing authority prior to the decision to issue a license to
				  operate.
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
Eff. July
					 1, 1999 (See S.L. 1999, c. 237, s. 11.30);
Amended Eff. October 1,
					 2008; July 18, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 5,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0200 - MINIMUM LICENSURE STANDARDS › Section 70I .0201 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions found in
					 G.S.
					 131D-10.2, the following definitions apply to
					 the rules in Subchapters 70I and 70J of this Chapter.
(1) "Child-caring institution" means a
				  private residential child-care facility or group home that cares for foster
				  children or a public residential child-care facility or group home that cares
				  for no more than 25 children. This number includes the caregivers' own children
				  and other relative children under the age of 18 residing in the facility. The
				  composition of the facility shall include:
(a) no more than two children under the age
				  of two;
(b) four children under the
				  age of six; and
(c) six children
				  under the age of 12.
Child-caring institutions shall not include detention
					 facilities, forestry camps, children's foster care camps, residential
					 therapeutic (habilitative) camps, training schools, or any other facility
					 operated for the detention of children who are determined by a court to be
					 delinquent or undisciplined, A child-caring institution shall not provide day
					 care, nor shall it be available to adults in the community who wish to rent
					 rooms.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0200 - MINIMUM LICENSURE STANDARDS › Section 70I .0203 - SUBSTANTIATIONS OF NEGLECT AGAINST THE FACILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When
				  there is a substantiation of neglect against a residential child-care facility
				  by a county department of social services, a corrective action plan shall be
				  submitted by the executive director or his/her designee to the licensing
				  authority within 30 days of the case decision by the county department of
				  social services conducting the investigative assessment.
(b) Following the receipt of the corrective
				  action plan, the licensing authority shall make one unannounced on-site visit
				  to the facility within the 30 days following the receipt of the corrective
				  action plan.
(c) The licensing
				  authority shall make subsequent onsite visits at varying frequencies and times
				  throughout the ensuing year to determine that the corrective actions have been
				  implemented.
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
Eff. July
					 1, 1999 (See S L. 1999, c.237, s. 11.30);
Amended Eff. October 1,
					 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 5,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0200 - MINIMUM LICENSURE STANDARDS › Section 70I .0204 - LICENSURE PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Private
				  Residential Child-Care Facility Licensure Procedures:
(1) A private residential child-care facility
				  shall submit the following materials to the licensing authority during the
				  application phase:
(A) Articles of
				  Incorporation;
(B) Bylaws;
				  and
(C) Governing Board list with
				  names, addresses, occupations, length of time and terms on the board, and board
				  positions held and number of terms, if applicable.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0300 - ORGANIZATION AND ADMINISTRATION › Section 70I .0301 - GOVERNANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A private
				  residential child-care facility shall operate under articles of incorporation
				  that are filed with the Department of the Secretary of State
				  (www.secretary.state.nc.us http://www.secretary.state.nc.us). A private
				  residential child-care facility shall submit a copy of the articles of
				  incorporation to the licensing authority.
(b) A private residential child-care facility
				  shall have a governing body that exercises authority over and has
				  responsibility for its operation, policies and practices. The residential
				  child-care facility shall notify the licensing authority of the type and
				  structure of the governing body.
(c) In the case of non-profit or for-profit
				  corporations, the governing body shall:
(1) be
				  composed of no fewer than six members to include men and women;
(2) provide for a system of rotation for
				  board members, for limitation to the number of consecutive terms a member may
				  serve;
(3) establish standing
				  committees;
(4) provide orientation
				  for new members; and
(5) meet at
				  least four times annually with a quorum present.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0300 - ORGANIZATION AND ADMINISTRATION › Section 70I .0302 - RESPONSIBILITIES OF THE GOVERNING BODY

Current through Register Vol. 39, No. 2, July 15, 2024
The governing body shall:
(1) adopt administrative, personnel, and
				  program policies and review them at least every two years;
(2) review and approve a budget prior to the
				  beginning of the fiscal year;
(3)
				  establish and review policies on fundraising and investment management at least
				  every two years;
(4) in the case of
				  a private residential child-care facility, annually review and accept the
				  financial audit;
(5) employ an
				  executive director (also called CEO, director, president, superintendent) and
				  delegate authority to that person to employ and dismiss staff, implement board
				  policies, and manage day-to-day operation of the facility;
(6) ensure that the criminal history of the
				  executive director is checked prior to employment, and based on the criminal
				  history, determine the individual's fitness for employment. The governing body
				  shall ensure that searches of the North Carolina Sex Offender and Public
				  Protection Registry and the North Carolina Health Care Personnel Registry
				  (pursuant to
				  G.S.
				  131E-256) are completed prior to employment,
				  and based on these searches, determine the individual's fitness for employment.
				  The governing body shall submit authorization to the licensing authority to
				  search the Responsible Individuals List, as defined in
				  10A NCAC
				  701 .0102, to determine if the executive
				  director has had child protective services involvement resulting in a
				  substantiation of child abuse or serious neglect, and based on this search,
				  determine the individual's fitness for employment. The governing body shall
				  require that the executive director provide a signed statement prior to
				  employment that he or she has not abused or neglected a child or has been a
				  respondent in a juvenile court proceeding that resulted in the removal of a
				  child or has had child protective services involvement that resulted in the
				  removal of a child. The governing body shall require that the executive
				  director provide a signed statement that the executive director has not abused,
				  neglected, or exploited a disabled adult and that the executive director has
				  never committed an act of domestic violence upon another person. Agencies or
				  applicants that do not have a governing body shall provide this information
				  directly to the licensing authority;
(7) not employ an executive director who has
				  ever been convicted of a felony involving:
(A)
				  child abuse or neglect;
(B) spouse
				  abuse;
(C) a crime against a child
				  or children (including child pornography); or
(D) a crime of rape, sexual assault, or
				  homicide;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0300 - ORGANIZATION AND ADMINISTRATION › Section 70I .0303 - FINANCES AND INSURANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fiscal
				  Management: The executive director shall:
(1)
				  implement sound financial practices in order to prepare and review the budget,
				  and to be accountable to the community; and
(2) report to the governing body at least
				  quarterly or more frequently, if requested by any member of the governing body,
				  on present financial status and anticipated problems.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0300 - ORGANIZATION AND ADMINISTRATION › Section 70I .0304 - REPEALED - INTERNAL OPERATING PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
Eff. July
					 1, 1999 (See S.L. 1999, c.237, s. 11.30);
Repealed Eff. October 1,
					 2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0300 - ORGANIZATION AND ADMINISTRATION › Section 70I .0305 - RECORDKEEPING AND REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  residential child-care facility shall develop and enforce a policy on
				  confidentiality that shall:
(1) identify the
				  individuals with access to or control over confidential information;
(2) specify that persons who have access to
				  records or specified information in a record be limited to persons authorized
				  by law, including:
(A) the parents, guardian,
				  or legal custodian (if applicable);
(B) children ages 12 years or
				  older;
(C) agency staff and
				  auditing, licensing, or accrediting personnel; and
(D) individuals that the parent, guardian, or
				  legal custodian (if applicable) have given written consent for release of
				  confidential information; and
(3) require that when a child's information
				  is disclosed, a signed written consent for release of information is obtained
				  from the parent, guardian, legal custodian, or client if age 18 or
				  older.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0300 - ORGANIZATION AND ADMINISTRATION › Section 70I .0306 - CLIENT RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A residential
				  child-care facility shall develop and implement policies and procedures to
				  protect the individual rights and dignity of children and families.
(b) A residential child-care facility shall
				  have a client's and family's rights policy that includes that each child has
				  the right to:
(1) privacy;
(2) be provided food, clothing, and shelter
				  that is sufficient and appropriate to the individual child;
(3) have access to family time and have
				  telephone conversations with family members, when not contraindicated in the
				  child's visitation and contact plan;
(4) have personal property and a space for
				  storage;
(5) express opinions on
				  issues concerning the child's care or treatment;
(6) receive care in a manner that recognizes
				  variations in cultural values and traditions;
(7) be free from coercion by facility
				  personnel with regard to religious decisions. The facility shall have a process
				  to assure that, whenever practical, the wishes of the parents or guardians with
				  regard to a child's religious participation are ascertained and
				  followed;
(8) not be identified as
				  a foster child in any way;
(9) not
				  be forced to acknowledge dependency on or gratitude to the facility;
				  and
(10) participate in
				  extracurricular, enrichment, cultural, and social activities as appropriate and
				  in accordance with
				  G.S.
				  131D-10.2A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0300 - ORGANIZATION AND ADMINISTRATION › Section 70I .0307 - GRIEVANCE PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A residential
				  child-care facility shall provide to each child and parents, guardian or legal
				  custodian upon admission:
(1) a written
				  description of policies and procedures which the child, parents, guardian or
				  legal custodian follow to register complaints;
(2) information about a child's
				  rights;
(3) the process for
				  appealing a decision or action of the facility; and
(4) the process for resolution of a
				  complaint.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0300 - ORGANIZATION AND ADMINISTRATION › Section 70I .0308 - NORMALCY FOR FOSTER CHILDREN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  residential child-care facility shall develop and follow policies and
				  procedures to implement the reasonable and prudent parent standard established
				  in G.S.
				  131D-10.2A.
(b) The agency shall demonstrate compliance
				  with policies and procedures that include:
(1) Appointment of a designated official to
				  apply the reasonable and prudent parent standard when determining whether to
				  allow a child to participate in extracurricular, enrichment, cultural, and
				  social activities;
(2)
				  Documentation of any reasonable and prudent parent standard decision;
(3) Training for residential staff in the
				  reasonable and prudent parent standard; and
(4) Supervision and support to staff in
				  implementing the reasonable and prudent parent standard.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0400 - PERSONNEL › Section 70I .0401 - PERSONNEL POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
A residential child-care facility shall have written
					 personnel policies and procedures which shall be provided to all employees
					 (full-time, part-time and contracted). Revisions of all personnel policies
					 shall be in writing and provided to employees. Policies and procedures shall
					 address the following areas:
(1)
				  recruitment and hiring;
(2)
				  compensation structure and benefits;
(3) orientation plan for new
				  employees;
(4) training and staff
				  development;
(5) regulations
				  regarding use of equipment and assets;
(6) notification of work schedule;
(7) description of leave policy, including
				  time-off duty for disciplinary actions for direct care staff;
(8) termination;
(9) operational procedures regarding
				  grievances which provide the opportunity and means to lodge complaints and
				  appeals;
(10) description of the
				  process for revision of personnel policies;
(11) annual evaluations;
(12) staff quarters and searches;
				  and
(13) disciplinary
				  measures.
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
Eff. July
					 1, 1999 (See S.L. 1999, c. 237, s. 11.30);
Amended Eff. October 1,
					 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 5,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0400 - PERSONNEL › Section 70I .0402 - PERSONNEL DEPLOYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A residential
				  child-care facility shall ensure that the deployment of personnel supports the
				  stated mission of the facility.
(b)
				  There shall be a written job description for each position, which includes
				  duties, responsibilities, qualifications, and to whom the position is
				  responsible. Job descriptions shall be consistent with duties being
				  performed.
(c) A residential
				  child-care facility shall have procedures for annual evaluation of the work
				  performance of each employee which provides for employee participation in the
				  process.
(d) A residential
				  child-care facility shall have an organizational plan which delineates the
				  number of staff and levels of supervisors/managers, taking into account the
				  complexity and size of the workload of each staff. The plan shall demonstrate
				  supervision of staff in accordance with the rules in Subchapters 70I and 70J of
				  this Chapter, if applicable.
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
Eff. July
					 1, 1999 (See S.L. 1999, c. 237, s. 11.30);
Amended Eff. October 1,
					 2008; July 18, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 5,
					 2016.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0400 - PERSONNEL › Section 70I .0404 - PERSONNEL QUALIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Applicants, employees, volunteers or interns who have a history of criminal
				  convictions that would adversely affect their capacity and ability to provide
				  care, safety and security for the children in residence shall not be employed
				  or utilized as volunteers or interns. A signed statement shall be obtained
				  attesting that the applicant, employee, volunteer or intern does not have such
				  a record prior to beginning employment, volunteer duties or internships. Prior
				  to employment or before beginning volunteer duties or internships, a certified
				  criminal record check for the applicant, volunteer or intern shall be obtained,
				  and a search conducted of the North Carolina Sex Offender and Public Protection
				  Registry and the North Carolina Health Care Personnel Registry (pursuant to
				  G.S.
				  131E-256), and based on these searches, a
				  decision shall be made concerning the individual's fitness to serve as an
				  employee, volunteer or intern. The agency shall submit authorization to the
				  licensing authority to search the Responsible Individuals List, as defined in
				  10A NCAC
				  70A .0102, to determine if the applicant,
				  employee, volunteer or intern has had child protective services involvement
				  resulting in a substantiation of child abuse or serious neglect, and based on
				  this search, a determination shall be made concerning the individual's fitness
				  to serve as an employee, volunteer or intern. The agency shall require that
				  each applicant, employee, volunteer or intern provide a signed statement that
				  the applicant, employee, volunteer or intern has not abused or neglected a
				  child or has been a respondent in a juvenile court proceeding that resulted in
				  the removal of a child or has had child protective services involvement that
				  resulted in the removal of a child. A signed statement shall be obtained
				  attesting that the applicant, employee, volunteer or intern has not abused,
				  neglected or exploited a disabled adult and has not been a domestic violence
				  perpetrator.
(b) Applicants,
				  employees, volunteers and interns are not eligible for employment, volunteer or
				  intern positions if they have been convicted of a felony involving:
(1) child abuse or neglect;
(2) spouse abuse;
(3) a crime against a child or children
				  (including child pornography); or
(4) a crime of rape, sexual assault, or
				  homicide.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0400 - PERSONNEL › Section 70I .0405 - PERSONNEL POSITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Executive
				  Director. There shall be a full-time executive director for an agency with one
				  or more facilities licensed for 20 or more children. At a minimum, there shall
				  be a part-time executive director for an agency with one or more facilities
				  licensed for less than 20 children.
(b) The executive director shall meet the
				  requirements of a Social Services Program Administrator I as defined by the
				  North Carolina Office of State Human Resources. A copy of these requirements,
				  which are hereby incorporated by reference, including subsequent amendments and
				  editions, can be found at:
				  https://oshr.nc.gov/state-employee-resources/classification-compensation/job-classification.
				  The college or university degree shall be from a college or university listed
				  at the time of the degree in the Higher Education Directory, which is
				  incorporated by reference, including subsequent amendments and editions. This
				  information can be purchased from Higher Education Publications, Inc. for a
				  cost of one hundred and twenty five dollars ($125.00) at:
http://www.hepinc.com
.
(c) The executive director shall:
(1) be responsible for the general management
				  and administration of the residential child-care facility in accordance with
				  policies established by the governing body and licensing
				  requirements;
(2) explain licensing
				  standards, residential child-care standards, and the residential child-care
				  facility's services to the governing body, the facility's constituency, other
				  human service agencies, and the public;
(3) initiate and carry out the program of
				  residential child-care as approved by the governing body;
(4) report to the governing body on all
				  phases of operation at least quarterly;
(5) delegate authority and responsibility to
				  staff qualified to ensure the maintenance of the residential child-care
				  facility's operations;
(6)
				  establish and oversee fiscal practices and present the annual operating budget
				  and quarterly reports to the governing body;
(7) evaluate, at least annually, the training
				  needs of the staff and plan and implement staff training and consultation to
				  address identified needs;
(8)
				  employ and discharge staff and meet on a regular basis with management staff to
				  review, discuss, and formulate policies and procedures;
(9) supervise staff who report directly to
				  the executive director; and
(10)
				  conduct an annual individual written evaluation of each staff member who
				  reports directly to the executive director. This evaluation shall contain both
				  a review of job responsibilities and goals for future job
				  performance.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE › Section .0400 - PERSONNEL › Section 70I .0406 - AUXILIARY SERVICES PERSONNEL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  residential child care facility shall have available auxiliary services
				  provided by contract to supplement the program of care. These service providers
				  may include, but are not limited to, consultants, contracted services for the
				  program of care, maintenance of the facility, and interns or
				  students.
(b) Consultants shall be
				  practitioners who are recognized by applicable degrees, organizations and
				  appropriate licensing boards. If the residential child care facility contracts
				  with consultants, the facility shall document the consultants'
				  credentials.
(c) Paid consultants
				  shall not be in conflict of interest with the residential child care facility
				  in fact or appearance. They shall have no direct or indirect financial interest
				  in the assets, transactions or services of the agency.
(d) Interns or students shall meet all of the
				  requirements stipulated for the position in which they are serving with the
				  exception of completed education and experience. There shall be a written
				  agreement between the placing educational institution and the residential child
				  care facility specifying responsibilities and supervision of the intern or
				  student.
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
Eff. July
					 1, 1999 (See S.L. 1999, c.237, s. 11.30);
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 5,
					 2016.