reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter K - RESIDENTIAL MATERNITY HOMES › Section .0300 - PHYSICAL PLANT › Section 70K .0312 - LAUNDRY ROOM

Current through Register Vol. 39, No. 2, July 15, 2024
Laundry facilities shall be provided. The laundry equipment
					 shall be located out of the living, dining and bedroom areas.
Authority
					 G.S.
					 131D-1;
					 143B-153;
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 K - RESIDENTIAL MATERNITY HOMES › Section .0300 - PHYSICAL PLANT › Section 70K .0313 - FLOORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All floors shall be of smooth, non-skid
				  material and constructed to be easily cleanable.
(b) All floors shall be kept in good
				  repair.
Authority
					 G.S.
					 131D-1;
					 143B-153;
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 K - RESIDENTIAL MATERNITY HOMES › Section .0300 - PHYSICAL PLANT › Section 70K .0314 - HOUSEKEEPING AND FURNISHINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				  residential maternity home shall:
(1) have
				  walls, ceilings, and floors or floor coverings kept clean and in good
				  repair;
(2) have no chronic
				  unpleasant odors;
(3) have
				  furniture clean and in good repair;
(4) be maintained in an uncluttered, clean
				  and orderly manner, free of all obstructions and hazards;
(5) have a supply of bath soap, clean towels,
				  washcloths, sheets, pillow cases, blankets and additional coverings adequate
				  for resident use on hand at all times;
(6) have television and radio, each in good
				  working order;
(7) have curtains,
				  draperies or blinds at windows in resident use areas to provide for resident
				  privacy;
(8) have recreational
				  equipment, supplies for games, books, magazines and a current newspaper
				  available for residents; and
(9)
				  have at least one telephone that does not depend on electricity or cellular
				  service to operate. Emergency telephone numbers shall be posted at the
				  telephone.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter K - RESIDENTIAL MATERNITY HOMES › Section .0300 - PHYSICAL PLANT › Section 70K .0315 - FIRE SAFETY AND DISASTER PLAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Fire
				  extinguishers shall be provided which meet these requirements in a residential
				  maternity home:
(1) one five-pound or larger
				  (net charge) "A-B-C" type centrally located;
(2) one five-pound or larger "A-B-C" or
				  "CO/2" type located in the kitchen; and
(3) any other location as determined by the
				  code enforcement official.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter K - RESIDENTIAL MATERNITY HOMES › Section .0300 - PHYSICAL PLANT › Section 70K .0316 - BUILDING SERVICE EQUIPMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  building and all fire safety, electrical, mechanical and plumbing equipment in
				  a residential maternity home shall be maintained in a safe and operating
				  condition.
(b) There shall be a
				  central heating system sufficient to maintain 75 degrees F (24 degrees C) under
				  winter design conditions. Built-in electric heaters, if used, shall be
				  installed or protected to avoid hazards to residents (mothers and children) and
				  room furnishings. Unvented fuel burning room heaters and portable electric
				  heaters are prohibited.
(c) Air
				  conditioning or at least one fan per resident bedroom, living and dining areas
				  shall be provided when the temperature in the main center corridor exceeds 80
				  degrees F (26.7 degrees C).
(d) The
				  hot water tank shall be of such size to provide hot water to the kitchen,
				  bathrooms and laundry. The hot water temperature at all fixtures used by
				  residents shall be maintained at a minimum of 100 degrees F (38 degrees C) and
				  shall not exceed 116 degrees F (46.7 degrees C).
(e) All resident areas shall be well lighted
				  for the safety and comfort of the residents. The minimum lighting required is:
(1) 30 foot candle of light for
				  reading;
(2) 10 foot candle of
				  light for general lighting; and
(3)
				  one foot candle of light at the floor for corridors at night.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter K - RESIDENTIAL MATERNITY HOMES › Section .0300 - PHYSICAL PLANT › Section 70K .0317 - OUTSIDE PREMISES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The outside
				  grounds of new and existing residential maternity homes shall be maintained in
				  a clean and safe condition.
(b)
				  Fences shall be kept in good repair and shall not prevent residents or adult
				  staff from exiting or entering freely or be hazardous.
(c) Outdoor stairways and ramps shall be
				  illuminated by no less than five foot candles of light at grade
				  level.
Authority
					 G.S.
					 131D-1;
					 143B-153;
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 K - RESIDENTIAL MATERNITY HOMES › Section .0300 - PHYSICAL PLANT › Section 70K .0318 - VEHICLES USED FOR TRANSPORTATION OF RESIDENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Vehicle
				  Requirements for Transporting Residents.
(1)
				  Vehicles shall comply with all motor vehicle laws and regulations for the State
				  of North Carolina.
(2) Motor
				  vehicles shall be maintained in a safe operating condition and shall be
				  registered and inspected.
(3) A
				  first-aid kit shall be in all motor vehicles.
(4) The bed of an open body or a stake bed
				  vehicle shall not be used for transporting children.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter L - WAIVER PROCEDURES, DENIAL, SUSPENSION, REVOCATION AND APPEAL PROCEDURES › Section 70L .0101 - REPEALED - USE OF VOLUNTEERS IN CHILDREN'S SERVICES CASE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  7A-657;
				  7A-675;
				  108A-80;
				  143B-153;
				  143B-154;
				  143B-155;
				  143B-156;
Eff.
				  October 15, 1980;
Amended Eff. May 1, 1990; January 1,
				  1983;
Repealed Eff. October 1,
				  2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter L - WAIVER PROCEDURES, DENIAL, SUSPENSION, REVOCATION AND APPEAL PROCEDURES › Section 70L .0102 - WAIVER OF LICENSING RULES

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina Department of Health and Human Services,
				  Division of Social Services is the licensing authority and shall allow a waiver
				  to a licensing rule or rules to persons subject to licensure pursuant to G.S.
				  131D, Article 1A in accordance with the following criteria:
(1) Persons seeking a waiver shall submit a
				written request on a form developed by the licensing authority, to the
				licensing authority showing that another way of meeting a rule maintains the
				health, safety, and well-being of individuals being served at or above the
				level required by the rule.
(2) No
				waiver shall be allowed by the licensing authority to any rule based on a
				standard adopted by the Building Code Council and subject to the general
				supervision and enforcement of the Commissioner of Insurance.
(3) No waiver shall be allowed by the
				licensing authority to any rule governing fire safety.
(4) No waiver shall be allowed by the
				licensing authority to any rule based upon a standard adopted by the Commission
				for Public Health.
(5) The waiver
				when allowed remains in effect for the term of the license and may be renewed
				if the licensing authority determines that the health, safety and well-being of
				individuals being served are not threatened.
(6) Upon receipt of the waiver request form,
				a decision to grant or deny the waiver shall be made by the licensing authority
				within 10 business days of its receipt.
Authority
				  G.S.
				  131D-10.5;
				  131D-10.6;
				  150B-22;
				  150B-23;
Eff. April
				  1, 1984;
ARRC Objection March 16, 1988;
Amended Eff.
				  May 1, 1990; August 1, 1988;
Temporary Amendment Eff. October 28,
				  1997;
Amended Eff. October 1, 2008; April 1, 1999;
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 L - WAIVER PROCEDURES, DENIAL, SUSPENSION, REVOCATION AND APPEAL PROCEDURES › Section .0200 - DENIAL: AMENDMENT: SUSPENSION: REVOCATION › Section 70L .0201 - DENIAL, AMENDMENT, SUSPENSION AND REVOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Denial:
				  The North Carolina Department of Health and Human Services, Division of Social
				  Services, is the licensing authority and shall deny a license at any time for
				  failure to comply with licensing rules adopted pursuant to G.S. 131D, Article
				  1A or for operating in a manner that threatens the health, safety or well being
				  of individuals in the facility or served by the agency. In addition, the
				  licensing authority may deny an application based on a determination that:
(1) the applicant is not in compliance with
				  rules promulgated under G.S. 131D for the facility or agency which the
				  applicant is seeking licensure;
(2)
				  the licensing authority has initiated revocation or summary suspension
				  proceedings against any facility or agency licensed pursuant to G.S. 122C,
				  Article 2, G.S. 131D, Articles 1 or 1A, or G.S. 110, Article 7, which was
				  previously held by the applicant and the applicant voluntarily relinquished the
				  license;
(3) there is a pending
				  appeal of a denial, revocation or summary suspension of any facility or agency
				  licensed pursuant to G.S. 122C, Article 2, G.S. 131D, Articles 1 or 1A, or G.S.
				  110, Article 7, which is owned by the applicant;
(4) the applicant has an individual as part
				  of their governing body or management who previously held a license which was
				  revoked or summarily suspended under G.S. 122C, Article 2, G.S. 131D, Articles
				  1 or 1A and G.S. 110, Article 7 and the rules adopted under these laws;
				  or
(5) the applicant is an
				  individual who has a finding or pending investigation by the Health Care
				  Professional Registry in accordance with
				  G.S.
				  131E-256.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter L - WAIVER PROCEDURES, DENIAL, SUSPENSION, REVOCATION AND APPEAL PROCEDURES › Section .0300 - APPEAL PROCEDURES › Section 70L .0301 - APPEAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Within 60 days
				  of the decision to deny, suspend or revoke a license the applicant or license
				  holder may petition for a determination of his/her legal rights, privileges or
				  duties. All petitions must be in writing and contain a statement of the facts
				  prompting the request sufficient to allow for appropriate processing by the
				  licensing authority.
(b) The
				  petition for a hearing shall be filed with the Office of Administrative
				  Hearings in accordance with
				  G.S.
				  150B-23 and
				  26 NCAC
				  03 .0103. In accordance with
				  G.S.
				  1A-1, Rule 4(j)4 , the petition shall be
				  served on a registered agent for service of process for the licensing
				  authority. A list of registered agents may be obtained from the Office of Legal
				  Affairs.
(c) Procedures for the
				  processing of an appeal of an adverse licensing action and for the final
				  decision are specified in G.S. 150B, Article 3 and
				  10A NCAC
				  01A.
Authority
					 G.S.
					 131D-10.5;
					 131D-10.6;
					 131D-10.9;
					 143B-153;
					 150B-22;
					 150B-23;
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 M - ADOPTION STANDARDS › Section .0100 - GENERAL › Section 70M .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Rules in this Subchapter contain adoption standards for
					 county departments of social services, which are the public agencies in North
					 Carolina mandated by law to provide adoption services. Included are
					 requirements which shall be met by county departments of social services in
					 carrying out their responsibilities under Chapter 48 of the General Statutes
					 and in the administration of the Adoption Assistance Program under
					 G.S.
					 108A-49 and
					 108A-50, a funding program to
					 facilitate the adoption of certain children with special
					 needs.
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
Eff.
					 February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. October 1, 2008; June 1, 1990; February 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0100 - GENERAL › Section 70M .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purpose
				  of the rules in this Subchapter,
				  42 USC
				  673,
				  45 CFR 1356.41, and the
				  Multiethnic Placement Act (MEPA) of 1994,
				  P.L.
				  103-382, as amended by the Interethnic Adoption
				  Provisions of 1996, P.L.
				  104-188, are applicable to both the State and
				  public adoption agencies and are hereby incorporated by reference including any
				  subsequent amendments and editions. These documents may be accessed at
www.gpo.gov
or
www.congress.gov
at no charge.
(b) The following definitions shall apply to
				  the rules in this Subchapter:
(1) "Adoption
				  assistance agreement" means a signed written agreement that is developed by the
				  Department ("North Carolina Adoption Assistance Agreement" Form DSS-5013, which
				  may be accessed at
https://www.ncdhhs.gov/divisions/dss)
that is binding upon the public adoption agency and the prospective adoptive
				  parents of a minor child and, at a minimum, the agreement shall:
(A) specify payments that meet the
				  requirements in 42 USC
				  673(a)(3), and specifies the
				  nature and amount of any payments, services, and assistance to be provided
				  under the agreement;
(B) stipulates
				  that the agreement shall remain in effect regardless of the state where the
				  adoptive parents are residents of at any given time;
(C) require each adoptive parent to inform
				  the public adoption agency of any circumstances that would make the parent
				  ineligible for the payments or eligible for a different amount;
(D) if applicable, require the adoptive
				  parents to provide receipt of vendor payments; and
(E) contain provisions for the protection of
				  the interests of the child in cases where the adoptive parents and child move
				  to another state while the agreement is in effect.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0200 - ORGANIZATION AND ADMINISTRATION › Section 70M .0201 - PUBLIC ADOPTION AGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except
				  for the provisions relating to an executive director, public adoption agencies
				  shall comply with
				  10A NCAC
				  70H .0401 in determining the qualifications
				  and job responsibilities for personnel.
(b) Public adoption agencies shall comply
				  with 10A
				  NCAC 70F .0207 in the hiring of staff and use
				  of volunteers.
(c) The caseload
				  size of social workers providing adoption services shall be in compliance with
				  requirements set forth in
				  10A NCAC
				  70H .0401.
Authority
					 G.S.
					 143B-153;
Eff. February 1,
					 1976;
Readopted Eff. October 31, 1977;
Amended Eff.
					 October 1, 2008; September 1, 1986;
Readopted Eff. August 1,
					 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0300 - FUNCTIONS OF A PUBLIC ADOPTION AGENCY › Section 70M .0301 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
Public adoption agencies shall perform the following
					 functions:
(1) 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 case
				  records;
(8) provision of
				  post-adoption consultation services, including, coordination and referrals for
				  educational enrollment for children seven to sixteen years of age, and for
				  therapeutic and physical health needs;
(9) when this Subchapter requires, determine
				  whether eligibility requirements have been met for adoption assistance in this
				  Subchapter that is available for children with special needs who are in custody
				  of the public adoption agency or who have been placed by a private
				  child-placing agency in an adoptive home within its jurisdiction;
(10) administer adoption assistance
				  agreements for which it entered into pursuant to this Subchapter;
(11) notify adoptive parents of tax credits
				  that may be available for adoptive parents;
(12) make information available for
				  prospective adoptive families that describes the kinds of children needing
				  placement, the availability of adoption assistance, and procedures for
				  referring families they are unable to serve to other child placing agencies;
				  and
(13) recruit potential foster
				  and adoptive families in accordance with the Multiethnic Placement Act (MEPA)
				  of 1994, P.L.
				  103-382, as amended by the Interethnic Adoption
				  Provisions of 1996, P.L.
				  104-188.
Authority
					 G.S.
					 48-2-502;
					 48-3-203;
					 48-3-204;
					 48-3-303;
					 143B-153;
Eff.
					 February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. June 1, 1990; September 1, 1986;
Readopted Eff. August
					 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0300 - FUNCTIONS OF A PUBLIC ADOPTION AGENCY › Section 70M .0302 - SERVICES TO ADOPTIVE APPLICANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Public adoption agencies shall comply with
					 10A NCAC
					 70H .0404,
					 70H .0405,
					 70H .0406,
					 70H .0407, 0408 and .0409 in
					 determining the procedures for the application process, preplacement
					 assessment, notification to adoptive applicants of acceptance or denial of
					 application, services to adoptive applicants and families, legal process, and
					 record retention.
Authority
					 G.S.
					 143B-153;
Eff. February 1,
					 1976;
Readopted Eff. October 31, 1977;
Amended Eff.
					 October 1, 2008; July 17, 2000; September 1, 1986;
Readopted Eff.
					 August 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0300 - FUNCTIONS OF A PUBLIC ADOPTION AGENCY › Section 70M .0304 - MULTIETHNIC PLACEMENT ACT REQUIREMENTS FOR ADOPTIVE HOME RECRUITMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Public adoption agencies shall recruit
				  potential adoptive and foster families that reflect the ethnic and racial
				  diversity of children in the State.
(b) Public adoption agencies shall not deny
				  any person the opportunity to become an adoptive or a foster parent on the
				  basis of the race, color, or national origin of the person or of the child
				  involved.
(c) Public adoption
				  agencies shall not delay or deny the placement of a child for adoption or
				  foster care, on the basis of the race, color, or national origin of the
				  adoptive or foster parent or the child involved.
(d) Public adoption agencies shall not
				  violate provisions of the Multiethnic Placement Act of 1994,
				  P.L.
				  103-382, as amended by the Interethnic Adoption
				  Provisions of 1996, P.L.
				  104-188, that apply to state or local
				  agencies.
Authority
					 G.S.
					 48-3-204;
					 131D-10.5;
					 143B-153;
Eff.
					 October 1, 2008;
Readopted Eff. August 1,
					 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0400 - STANDARD MONTHLY CASH ADOPTION ASSISTANCE AND VENDOR PAYMENTS › Section 70M .0401 - STANDARD MONTHLY CASH ADOPTION ASSISTANCE AND VENDOR PAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Standard monthly cash assistance payments
				  are monthly payments made based on graduated rates set by the General Assembly
				  and reflected in the executed adoption assistance agreement.
(b) Vendor payments are made directly to a
				  child's provider, which may include the adoptive parents, for medical,
				  therapeutic, psychological, and remedial services not covered by Medicaid or
				  another source if the requirements in this Subchapter are met.
Authority
					 G.S.
					 108A-49;
					 108A-50;
					 143B-153;
Eff. July
					 1, 1982;
Amended Eff. July 18, 2002; July 1, 1991; September 1,
					 1986;
Readopted Eff. August 1,
					 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0400 - STANDARD MONTHLY CASH ADOPTION ASSISTANCE AND VENDOR PAYMENTS › Section 70M .0402 - ELIGIBILITY REQUIREMENTS FOR STANDARD MONTHLY CASH ASSISTANCE PAYMENTS OR VENDOR PAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Adoption
				  assistance in the form of standard monthly cash assistance payments based on
				  graduated rates set by the General Assembly and vendor payments may be made
				  when the child meets the following eligibility criteria:
(1) The child was legally adopted;
(2) The child meets at least one of the
				  following criteria:
(A) is not an applicable
				  child and meets the requirements in
				  42 USC
				  673(a)(2)(A)(i). The public
				  adoption agency shall make the determination in
				  42 USC
				  673(a)(2)(A)(i)(II) for the
				  State. 42 USC
				  673(a)(2)(B) shall be
				  applicable when appropriate;
(B)
				  shall be an applicable child and meets the requirements in
				  42 USC
				  673(a)(2)(A)(ii). The public
				  adoption agency shall make the determination in
				  42 USC
				  673(a)(2)(A)(ii)(II) for the
				  State. 42 USC
				  673(a)(2)(B) shall be
				  applicable when appropriate; or
(C)
				  the requirements set forth in
				  42 USC
				  673(a)(2)(C); and
(3) An applicable child is not
				  eligible if he or she meets the conditions in
				  42 U.S.C.
				  673(a)(7)(A)(i) through
				  (iii), unless
				  42 U.S.C.
				  673(a)(7)(B) is applicable
				  and the public adoption agency makes the requisite determination for the
				  State.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0400 - STANDARD MONTHLY CASH ADOPTION ASSISTANCE AND VENDOR PAYMENTS › Section 70M .0403 - PROCEDURES/REIMBURSEMENT OF ADOPTION ASSISTANCE BENEFITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Adoption assistance benefits for which a child is eligible shall become
				  effective the first month following the month in which the Decree of Adoption
				  is issued.
(b) Claims from service
				  providers and standard monthly cash assistance shall be reimbursed or provided
				  from adoption assistance funds subject to the following limitations:
(1) Vendor payments to adoptive parents,
				  medical providers, and to providers of psychological, therapeutic, and remedial
				  services shall be made only for treatment or services given to alleviate or
				  correct those conditions for which the child has been determined eligible to
				  receive benefits.
(2) The total
				  amount for vendor payments for any combination of medical services not covered
				  by Medicaid including psychological, therapeutic, or remedial services for any
				  child shall not exceed two thousand four hundred dollars ($2,400.00) per State
				  fiscal year.
(3) Vendor payments
				  shall not be made to reimburse providers for the following:
(A) routine medical examinations;
(B) illnesses or conditions not related to or
				  resulting from the conditions for which the child was determined eligible for
				  vendor payments;
(C) services or
				  treatment provided to the child prior to issuance of the Decree of Adoption;
				  and
(D) services or treatment that
				  may have been provided on or after the first day of the month following the
				  month in which the child's eligibility ceases.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0400 - STANDARD MONTHLY CASH ADOPTION ASSISTANCE AND VENDOR PAYMENTS › Section 70M .0404-.0405

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-49;
					 108A-50;
					 143B-153; S.L. 2000-67, s.
					 11.16;
Temporary Adoption Eff. January 1, 2001;
Temporary Adoption Eff. August 31, 2001;
Eff. July 18,
					 2002;
Repealed Eff. August 1,
					 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0500 - OUT-OF-STATE ADOPTION FEES › Section 70M .0501 - PURPOSE OF OUT OF STATE ADOPTION SERVICE FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When
				  the requirements in this Rule have been met, with prior approval, the
				  Department may reimburse in part or in full a fee incurred by a public adoption
				  agency for adoption services provided by an out-of-state adoption agency.
				  Public adoption agencies shall pay the out-of-state adoption provider directly
				  and provide proof of payment to the Department once payment is made.
(b) The requirements of this Rule are met
				  when the child:
(1) is a child with special
				  needs;
(2) is registered on the
				  North Carolina Adoption Resource Exchange, which may be accessed at
https://www.ncdhhs.gov/divisions/social-services/child-welfare-services/adoption-and-foster-care
;
(3) has parents who have each had one of the
				  following occur:
(A) a court order terminated
				  parental rights;
(B) executed a
				  relinquishment of the child to a public or private child-placing
				  agency;
(C) consented to the
				  adoption;
(D) a finding by the
				  court in the adoption proceeding that the parent's consent to the adoption is
				  not required; or
(E) has
				  died.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0500 - OUT-OF-STATE ADOPTION FEES › Section 70M .0502 - REPEALED - GENERAL ELIGIBILITY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
Eff. March 23,
					 1981;
Amended Eff. October 1, 2008; July 1, 1991; June 1,
					 1990;
Repealed Eff. August 1,
					 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0600 - NONRECURRING ADOPTION COSTS › Section 70M .0601 - PUBLIC ADOPTION AGENCY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Public
				  adoption agencies shall:
(1) at the time of or
				  prior to the final decree of adoption, enter into an agreement for the
				  reimbursement of nonrecurring adoption expenses with parents who adopt a child
				  with special needs;
(2) prior to
				  entering into an agreement for the reimbursement of nonrecurring adoption
				  expenses, the public adoption agency shall:
(A) Make a determination that the child is a
				  child with special needs; and
(B)
				  Make a determination that the child has been placed for adoption in accordance
				  with applicable laws;
(3) make payments for reimbursement of
				  nonrecurring adoption expenses incurred by or on behalf of parents in
				  connection with the adoption of a child with special needs if it enters into an
				  agreement for the reimbursement of nonrecurring adoption expenses;
(4) retain copies of the complete application
				  for reimbursement of nonrecurring adoption expenses, along with supporting
				  document and receipts, and the agreement for the reimbursement of nonrecurring
				  adoption expenses for auditing purposes; and
(5) upon receipt of a completed nonrecurring
				  adoption expense reimbursement application, the public adoption agency shall
				  submit the application to the Department.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0600 - NONRECURRING ADOPTION COSTS › Section 70M .0602 - ELIGIBLE NONRECURRING ADOPTION EXPENSES

Current through Register Vol. 39, No. 2, July 15, 2024
An adoptive parent shall receive reimbursement for
					 nonrecurring adoption expenses not to exceed two thousand dollars ($2,000)
					 when:
(1) The child placed with the
				  parent for the purpose of adoption is a child with special needs;
(2) The adoptive parents have submitted a
				  signed application for nonrecurring adoption expenses on a form provided by the
				  Department ("State of North Carolina Application For Reimbursement of
				  Nonrecurring Adoption Costs" Form DSS-5145, which may be accessed at
https://www.ncdhhs.gov/divisions/dss)
.The
				  application shall:
(a) provide evidence that
				  the child is a child with special needs;
(b) include acknowledgements by the adoptive
				  parents that:
(i) nonrecurring adoption
				  expenses are limited to a reimbursement of two thousand dollars ($2,000) per
				  child and are contingent on the child being a child with special
				  needs;
(ii) the expenses that they
				  are seeking reimbursement for were actually incurred by them;
(iii) the expenses that they are seeking
				  reimbursement for are reasonable and necessary adoption expenses which were
				  directly related to the legal adoption of the child that meets the requirements
				  in 42 USC
				  673(A)(6); and
(iv) the expenses that they are seeking
				  reimbursement for have not and will not be reimbursed by another
				  source.
(c) if the
				  placement was an interstate placement, include an acknowledgement by the
				  adoptive parents that the placement was made in accordance with the Interstate
				  Compact on the Placement of Children adopted by both the sending and receiving
				  state and any other applicable federal, state, or local laws or rules related
				  to the interstate adoptive placement of a child;
(d) the type and amount of the expense that
				  will be incurred by the adoptive parents; and
(e) include documentation that verifies the
				  information in the application and receipts for any nonrecurring service for
				  which the parent is seeking reimbursement.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0600 - NONRECURRING ADOPTION COSTS › Section 70M .0603 - REPEALED - REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-49;
					 108A-50;
					 143B-153;
					 42 U.S.C.
					 673;
Eff. July 1,
					 1991;
Amended Eff. March 1, 2017;
Repealed Eff. August
					 1, 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0600 - NONRECURRING ADOPTION COSTS › Section 70M .0604 - PROHIBITION ON REIMBURSEMENT CAPS

Current through Register Vol. 39, No. 2, July 15, 2024
The Department and any public adoption agencies shall not
					 establish a maximum allowable reimbursement amount for any single eligible
					 nonrecurring adoption expense, but the total reimbursement for nonrecurring
					 adoption expenses shall not exceed two thousand dollars
					 ($2,000).
Authority
					 G.S.
					 108A-49;
					 108A-50;
					 143B-153;
Eff. July
					 1, 1991;
Readopted Eff. August 1,
					 2021.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0700 - SPECIAL NEED ADOPTION INCENTIVE FUND › Section 70M .0701 - ELIGIBILITY REQUIREMENTS FOR THE SPECIAL NEED ADOPTION INCENTIVE FUND AND EFFECTIVE DATE

Current through Register Vol. 39, No. 2, July 15, 2024
Within the limits of available funding, the Department may
					 approve and provide assistance in the form of standard monthly cash payments
					 from the Special Need Adoption Incentive Fund when the following requirements
					 have been met:
(1) The child:
(a) Shall be a child with special needs and
				  either has at least one of the factors or conditions listed in Rule
				  .0102(b)(3)(E) through (H) of this Chapter of a child with special needs or
				  meets the requirement in 42
				  USC
				  673(c)(2)(B)(ii);
(b) Shall meet the requirements for standard
				  monthly cash adoption assistance in this Chapter;
(c) Shall be in the custody of the public
				  adoption agency and placement responsibility of an adoption agency for at least
				  six consecutive months prior to the finalization of the adoption;
(d) The special needs condition from Sub-Item
				  (1)(a) of this Item is expected to limit the child's ability, both currently
				  and throughout childhood, to function in the home, school, or community absent
				  eight or more hours of in-person daily supervision or care for personal health
				  care or prevention of self-destructive or assaultive behavior;
(e) The child will have resided in the foster
				  parent's home for six consecutive months prior to the finalization of the
				  adoption; and
(f) The child was
				  legally adopted on or after January 1, 2001.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter M - ADOPTION STANDARDS › Section .0700 - SPECIAL NEED ADOPTION INCENTIVE FUND › Section 70M .0702 - PAYMENTS FROM THE SPECIAL NEED ADOPTION INCENTIVE FUND

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Payments from the Special Need Adoption Incentive Fund will be made by the
				  State Division of Social Services to the adoptive parent(s).
(b) Participating county departments of
				  social services shall submit claims for payments to the State Division of
				  Social Services.
(c) The initial
				  payment claim must include the following items:
(1) verification of child's placement
				  authority;
(2) verification that
				  the child has lived with the foster family six consecutive months submitted on
				  the "Living Arrangements for Past Six Months" Form DSS-5214;
(3) a copy of written statement from a
				  licensed physician regarding the child's health condition;
(4) a copy of written statement from a
				  licensed health, mental health, or developmental disability professional
				  regarding the status of the child's condition;
(5) a copy of signed adoption assistance
				  agreement;
(6) a copy of signed
				  supplemental assistance agreement; and
(7) a copy of Decree of Adoption.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter N - DELINQUENCY PREVENTION › Section .0100 - SERVICE CRITERIA › Section 70N .0101-.0102 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153;
Eff. May 1,
					 1976;
Readopted Eff. October 31, 1977;
Amended Eff.
					 July 1, 1984;
Expired Eff. November 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter O - SERVICES TO THE EMOTIONALLY DISTURBED › Section 70O .0101-.0104 - EXPIRED - SPECIAL ELIGIBILITY REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  90-270.2;
				  143B-153;
Eff. July
				  23, 1979;
Amended Eff. April 1, 1983; October 1, 1980;
Transferred from T10.43I .0602-.0605 Eff. July 1, 1983;
Amended
				  Eff. June 1, 1990; July 1, 1984;
Expired Eff. November 1, 2017
				  pursuant to
				  G.S.
				  150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter P - GUARDIANSHIP ASSISTANCE PROGRAM › Section .0100 - GENERAL › Section 70P .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
This Subchapter contains guardianship assistance standards
					 for county departments of social services, the public agencies in North
					 Carolina mandated to provide guardianship services. Included are requirements
					 that shall be met under Chapter 7B of the General Statutes and in
					 administration of the Guardianship Assistance Program.
Authority
					 G.S.
					 143B-153; S.L. 2015-241, s.
					 12C.4;
Eff. March 1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter P - GUARDIANSHIP ASSISTANCE PROGRAM › Section .0100 - GENERAL › Section 70P .0102 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The Guardianship Assistance Program (GAP) provides
					 financial assistance to caregivers who assume legal guardianship of a child in
					 foster care as a means to achieve permanence for youth who are not being
					 adopted or reunified.
Authority
					 G.S.
					 7B-101(18b);
					 143B-153;
Eff. March
					 1, 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter P - GUARDIANSHIP ASSISTANCE PROGRAM › Section .0100 - GENERAL › Section 70P .0103 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions apply to this Chapter:
(1) "Agency" means a child placing agency as
				  defined in
				  G.S.
				  131D-10.2(4) that is
				  authorized by law to receive children for purposes of placement in residential
				  group care, foster homes or adoptive homes.
(2) "County DSS" means a county department of
				  social services.
(3) "Guardianship
				  Assistance" means a monthly cash assistance payment no greater than the
				  graduated amount set by
				  G.S.
				  108A-49.1 from the Guardianship Assistance
				  Program.
(4) "Guardianship
				  Assistance Agreement" is a binding agreement between the county DSS and legal
				  guardian that establishes responsibilities of the agency and of the legal
				  guardian during the time of the child's eligibility for guardianship
				  assistance, specifies the monthly amount of guardianship assistance and the
				  manner in which the payment may be provided to the legal guardian, and the
				  circumstances under which guardianship assistance may be terminated.
(5) "Legal Guardian" means an individual as
				  defined in
				  G.S.
				  7B-600 who is appointed by the court to serve
				  as the guardian of the person for a juvenile. The guardian shall have the care,
				  custody, and control of the juvenile or may arrange a suitable placement for
				  the juvenile and may represent the juvenile in legal actions before any court.
				  The guardian may consent to certain actions on the part of the juvenile in
				  place of the parent including marriage, enlisting in the armed forces, and
				  enrollment in school. The guardian may also consent to any necessary remedial,
				  psychological, medical, or surgical treatment for the juvenile.
(6) "Legal Guardianship" shall be a legal
				  relationship created when a person or persons are assigned by the court to take
				  care of the minor child. This relationship is terminated only in the following
				  circumstances:
(a) the court finds that the
				  relationship between the guardian and the juvenile is no longer in the
				  juvenile's best interest;
(b) the
				  court finds the guardian is unfit;
(c) the court finds the guardian has
				  neglected a guardian's duties; or
(d) the guardian is unwilling or unable to
				  continue assuming a guardian's duties.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter P - GUARDIANSHIP ASSISTANCE PROGRAM › Section .0100 - GENERAL › Section 70P .0104 - GUARDIANSHIP ASSISTANCE PROGRAM ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The following eligibility criteria shall be met in order to
					 receive Guardianship Assistance:
(1) A
				  determination by the Court that reunification and adoption are not appropriate
				  permanency options for the child;
(2) The child was placed in the licensed home
				  for a minimum of six months;
(3)
				  The child is the placement responsibility of a North Carolina county department
				  of social services at the time of entry into the Guardianship Assistance
				  Program;
(4) The child is at least
				  age 14 years but not older than age 18 years and demonstrates a strong
				  attachment to the prospective guardian and has been consulted regarding the
				  guardianship arrangement;
(5) The
				  prospective legal guardian has a strong commitment to caring permanently for
				  the child and has entered into a guardianship assistance agreement with the
				  county department of social services who holds custody of the child prior to
				  the order granting legal guardianship; and
(6) If the child was placed in a legal
				  guardianship arrangement at the age of 16 years or 17 years, he or she remains
				  eligible to receive Guardianship Assistance until 21 years of age if, upon
				  turning 18 years of age, he or she meets any of the following conditions:
(a) Completing secondary education or a
				  program leading to an equivalent credential;
(b) Enrolled in an institution that provides
				  post-secondary or vocational education;
(c) Participating in a program or activity
				  designed to promote or remove barriers to employment;
(d) Employed for at least 80 hours per month;
				  or
(e) Is incapable of doing any of
				  the previously described educational or employment activities due to a medical
				  condition or disability.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter P - GUARDIANSHIP ASSISTANCE PROGRAM › Section .0100 - GENERAL › Section 70P .0105 - GUARDIANSHIP ASSISTANCE PROGRAM REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Guardianship Assistance benefits for a child shall become effective the first
				  month following the month that legal guardianship is approved by the
				  court.
(b) Claims for monthly GAP
				  assistance shall be reimbursed in accordance with the Department of Health and
				  Human Services county department of social services reimbursement process set
				  forth in 10A NCAC 70M .0403 and
				  G.S.
				  108A-49.
Authority
					 G.S.
					 143B-153;
Eff. March 1,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter A - PROTECTIVE SERVICES FOR ADULTS › Section .0100 - GENERAL › Section 71A .0101 - INTRODUCTORY STATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Rules in this Subchapter govern the provision of protective
					 services for adults with funds administered by the Division of Social Services.
					 Included are requirements which must be met by county departments of social
					 services in carrying out their responsibilities for the protection of disabled
					 adults under Article 6, Chapter 108A of the General Statutes.
Authority
					 G.S.
					 143B-153;
Eff. November 1,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter A - PROTECTIVE SERVICES FOR ADULTS › Section .0100 - GENERAL › Section 71A .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) "Immediately"
				  as specified in
				  G.S.
				  108A-103(d), shall mean
				  responds with no delay as soon as a county department of social services
				  receives a report that:
(1) an adult is
				  alleged to be disabled as defined in
				  G.S.
				  108A-101(d);
(2) an adult is alleged to be abused,
				  neglected, or exploited as defined in
				  G.S.
				  108A-101(a), (j), or (m);
				  and
(3) an adult is alleged to be
				  in need of protective services as defined in
				  G.S.
				  108A-101(e).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter A - PROTECTIVE SERVICES FOR ADULTS › Section .0200 - ACCEPTANCE AND EVALUATION OF PROTECTIVE SERVICES REPORTS › Section 71A .0201 - ACCEPTANCE OF REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The county
				  department of social services shall accept all reports alleging an abused,
				  neglected, or exploited disabled adult is in need of protective services. This
				  includes anonymous reports. If the county department determines that the
				  address of the disabled adult given in the report is in another county, the
				  department shall refer the person making the report to the appropriate county
				  department. The county department receiving the original report shall follow up
				  to make sure the appropriate county has received the report.
(b) The department of social services shall
				  make arrangements for 24 hour coverage to receive calls and take appropriate
				  action.
(c) Notwithstanding
				  provisions in
				  10A NCAC
				  71A .0801 through
				  71A .0803, the director may
				  immediately tell the District Attorney's office and local law enforcement
				  agencies when there is reason to believe that physical harm may occur to the
				  disabled adult. This would include sharing evidence of abuse or neglect the
				  agency has to date.
Authority
					 G.S.
					 108A-103;
					 143B-153;
Eff.
					 November 1, 1983;
Amended Eff. December 1, 1991; July 1,
					 1990;
Temporary Amendment Eff. December 12, 1995;
Amended Eff. April 1, 1997;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.