North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter B - FOSTER CARE SERVICES › Section .0100 - FOSTER CARE SERVICES-GENERAL › Section 70B .0102 - ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A county
				  department of social services may determine a child eligible for foster care
				  assistance payments if all the following factors are established:
(1) The child has been removed from his or
				  her own home or from the home of a specified relative by a judicial
				  determination and placed in foster care as a result of that
				  determination;
(2) The placement of
				  the child in foster care has occurred pursuant to a voluntary placement
				  agreement entered into by the parents or guardians of the child with the county
				  department of social services, and such placement has not been in excess of 90
				  consecutive days unless there has been a judicial determination by a court of
				  competent jurisdiction (within the first 90 days of such placement) to the
				  effect that such placement is in the best interest of the child. If the
				  voluntary placement agreement is continued for the second 90-day period, a new
				  voluntary placement agreement must be completed and signed by all parties. The
				  county department of social services must file a juvenile petition and a
				  hearing must be held before the end of the second 90-day period, or the child
				  must be returned home;
(3)
				  Responsibility for care and placement of the child is designated to the county
				  department of social services by either the court order removing him or her
				  from his or her home or by the voluntary placement agreement signed by the
				  parent or guardian;
(4) The child
				  lives in:
(A) a foster care facility under the
				  supervision of a county department of social services and licensed by the
				  Department of Health and Human Services;
(B) a private child caring institution
				  licensed or approved by the Department of Health and Human Services and in
				  compliance with the Civil Rights Act of 1964, Title VI,
				  42 U.S.C.
				  2000d et seq., ("Title VI of the Civil Rights
				  Act"), hereby incorporated by reference, including any subsequent amendments
				  and editions. This Act may be accessed free of charge at
https://www.justice.gov/crt/fcs/TitleVI-Overview
;
(C) a private group home licensed or approved
				  by the Department of Health and Human Services and in compliance with Title VI
				  of the Civil Rights Act;
(D) a
				  foster care facility under the auspices of a licensed or approved private child
				  caring institution, provided such foster care services program has been
				  licensed by the Department of Health and Human Services and is in compliance
				  with Title VI of the Civil Rights Act;
(E) a foster care facility under the
				  supervision of a private child placing agency (including those providing
				  adoption services) and licensed by the Department of Health and Human
				  Services;
(F) a foster care
				  facility located in another state, provided such facility is in compliance with
				  Title VI of the Civil Rights Act and is licensed or approved in the other
				  state, and provided such placement has been approved under the appropriate
				  interstate placement procedure; or
(G) an allowable independent supervised
				  living setting for youth 18 or older; and
(5) The child is in need of care that is not
				  available in his or her own home or the home of a relative.