reglab/statecodes huggingface dataset:
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 .0202 - RECEIPT OF ORAL REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
The worker receiving an oral report shall explain to the
					 complainant (the person making the report) that the department will notify the
					 complainant of the results of the evaluation. The worker shall determine from
					 the complainant whether the complainant wants the notification to be oral or
					 written.
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 .0200 - ACCEPTANCE AND EVALUATION OF PROTECTIVE SERVICES REPORTS › Section 71A .0203 - REPORTS REGARDING COUNTY OFFICIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When a
				  report is received alleging abuse, neglect or exploitation of a disabled adult
				  by a social services board member, department of social services staff member,
				  county commissioner, or the county manager, the county department shall notify
				  the regional office immediately. The regional office will assign the report to
				  another county department for evaluation.
(b) In addition to specified instances in (a)
				  of this Rule in which reports must be assigned to another county, the county
				  department shall consult the regional office whenever it seems that evaluation
				  of a report may present the appearance of a conflict of interest.
(c) If the evaluation does not substantiate
				  the report, the department which conducted the evaluation will refer the case
				  back to the county of residence so that alternative services may be
				  offered.
(d) If the evaluation
				  substantiates the report, the agency which conducted the evaluation will seek
				  authorization for services, including petitioning the court when necessary. The
				  petition shall be filed in the county of residence and shall include the reason
				  for filing by an agency in another county.
(e) The agency which conducted the evaluation
				  will act as case manager for protective services in coordination with the
				  agency in the county of residence. The county of residence will be responsible
				  for paying for services in accordance with rules in Section .0400 of this
				  Subchapter, and for any expenses for medical, psychological or other
				  examinations and legal services incurred by the county which conducted the
				  evaluation.
Authority
					 G.S.
					 108A-103;
					 143B-153;
Eff.
					 November 1, 1983;
Amended Eff. July 1, 1990;
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 .0200 - ACCEPTANCE AND EVALUATION OF PROTECTIVE SERVICES REPORTS › Section 71A .0204 - TIME FRAME TO INITIATE EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Evaluation of reports involving an emergency as defined in
				  G.S.
				  108A-101(g) shall be
				  initiated within 24 hours of receipt of the report.
(b) Evaluation of other reports of a need for
				  protective services shall be initiated within 72 hours after receipt of a
				  report.
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 .0200 - ACCEPTANCE AND EVALUATION OF PROTECTIVE SERVICES REPORTS › Section 71A .0205 - INITIATION OF EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
The evaluation is initiated by a visit to the adult about
					 whom the report is made. If the adult cannot be located, efforts to locate the
					 adult within the 24- or 72-hour time limit, as appropriate, shall be documented
					 in the case record. Such efforts to locate the adult shall constitute
					 initiation of the evaluation.
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 .0200 - ACCEPTANCE AND EVALUATION OF PROTECTIVE SERVICES REPORTS › Section 71A .0206 - STEPS IN EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
The complete evaluation shall include:
(1) The visit to the person, which means that
				  the person must be seen by the worker. The worker will make as many visits as
				  are necessary to determine whether the adult is disabled; abused, neglected or
				  exploited; and in need of protective services;
(2) Consultation with others who have
				  knowledge of the facts of the situation. This includes individuals identified
				  by the person making the report, as well as individuals mentioned by the
				  disabled adult who may have information pertinent to the evaluation;
(3) Medical, psychological or psychiatric
				  evaluations when necessary to determine whether the adult is disabled; abused,
				  neglected or exploited; and in need of services; and to determine what services
				  are needed.
Authority
					 G.S.
					 108A-103;
					 143B-153;
Eff.
					 November 1, 1983;
Amended Eff. July 1, 1990;
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 .0200 - ACCEPTANCE AND EVALUATION OF PROTECTIVE SERVICES REPORTS › Section 71A .0207 - FOCUS OF EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
The evaluation must determine:
(1) whether or not the adult is disabled in
				  accordance with the statutory definition in
				  G.S.
				  108A-101(d);
(2) whether or not the adult is abused,
				  neglected or exploited as defined in
				  G.S.
				  108A-101(a)(j) or
				  (m);
(3) whether or not the adult is in need of
				  protective services as defined in
				  G.S.
				  108A-101(e);
(4) whether or not the adult lacks the
				  capacity to consent to protective services.
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 .0200 - ACCEPTANCE AND EVALUATION OF PROTECTIVE SERVICES REPORTS › Section 71A .0208 - CONDUCTING A THOROUGH EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
A thorough evaluation of the protective services report
					 shall include identifying indicators of abuse, neglect, or exploitation and the
					 disabled adult's strengths and limitations by assessing the following
					 functional areas:
(1) physical
				  health;
(2) mental
				  health;
(3) social
				  support;
(4) activities of daily
				  living and instrumental activities of daily living;
(5) financial support; and
(6) physical environment.
Authority
					 G.S.
					 108A-103;
					 143B-153;
Eff.
					 December 1, 1991;
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 .0200 - ACCEPTANCE AND EVALUATION OF PROTECTIVE SERVICES REPORTS › Section 71A .0209 - SUBSTANTIATION OF THE REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Following
				  completion of the evaluation a determination shall be made as to whether the
				  report is substantiated.
(b) A
				  report is substantiated when:
(1) the adult is
				  determined to be disabled as defined in
				  G.S.
				  108A-101(d);
(2) the adult is determined to be abused,
				  neglected or exploited as defined in
				  G.S.
				  108A-101(a), (j), or (m);
				  and
(3) the adult is determined 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 .0300 - UNSUBSTANTIATED REPORTS: SUBSTANTIATED REPORTS: REFUSAL OF SERVICES › Section 71A .0301 - UNSUBSTANTIATED REPORT: OFFER OF SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
When the evaluation of the report indicates that the
					 allegations are not substantiated, an offer shall be made to the individual of
					 any available and appropriate agency services. The worker shall explain such
					 services to the individual. In addition, the worker shall provide information
					 about other community services and shall offer to refer the person to such
					 resources.
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 .0300 - UNSUBSTANTIATED REPORTS: SUBSTANTIATED REPORTS: REFUSAL OF SERVICES › Section 71A .0302 - SUBSTANTIATED REPORT: ADULT REFUSES SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When
				  the evaluation of a report indicates that the allegations are substantiated and
				  the disabled adult is capable of making responsible decisions and refuses the
				  receipt of protective services, the worker must respect that decision and
				  terminate contact with the adult. Prior to doing so, the worker shall explain
				  the services available to the adult and that the adult may call the agency to
				  request assistance, if needed.
(b)
				  Documentation shall be made of the worker's explanation and offer of services
				  and of the adult's refusal to accept services. The worker shall obtain from the
				  adult a signed statement of his refusal of services or shall document in the
				  record the attempt to obtain such a signed statement.
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 .0400 - PAYMENT FOR ESSENTIAL SERVICES › Section 71A .0401 - ESSENTIAL SOCIAL SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				  essential social services that the county makes available, the individual's
				  responsibility for payment shall be determined in accordance with rules in
				  10A NCAC
				  71R .0500.
(b) For essential social services that the
				  county does not make available, an individual is deemed financially incapable
				  of paying if his income is less than 60 percent of the state's established
				  income as codified in
				  10A NCAC
				  71R .0500.
Authority
					 G.S.
					 108A-108;
					 143B-153;
Eff.
					 November 1, 1983;
Amended Eff. July 1, 1990;
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 .0400 - PAYMENT FOR ESSENTIAL SERVICES › Section 71A .0402 - ESSENTIAL MEDICAL SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
For essential medical services, an individual is deemed
					 financially incapable of paying if he meets the eligibility criteria for Title
					 XIX (Medicaid). Essential medical services must be provided at no charge to a
					 Medicaid - eligible person, whether or not the needed services are available
					 under Medicaid.
Authority
					 G.S.
					 143B-153;
					 108A-108;
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 .0500 - RESIDENTIAL CARE FACILITIES › Section 71A .0501 - GENERAL REQUIREMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In accordance
				  with provisions of
				  G.S.
				  108A-103 and the rules in Section .0200 of
				  this Subchapter, the department of social services in the county in which the
				  facility is located shall evaluate reports of abused, neglected, or exploited
				  disabled adults in need of protective services who are specifically named
				  patients or residents of nursing, combination, and residential care facilities.
				  This includes reports regarding patients or residents who are placed from other
				  counties.
(b) Complaints received
				  by the county department of social services regarding general conditions or
				  violations of standards in nursing and combination facilities and residential
				  care facilities licensed under G.S. 122C shall be referred to the Division of
				  Health Service Regulation.
(c)
				  Complaints received by the county department of social services regarding
				  general conditions or violations of standards in residential care facilities
				  licensed under
				  G.S.
				  131D-2 shall be followed up by the adult home
				  specialist in accordance with the specialist's ongoing responsibility for
				  supervision of these facilities.
Authority
					 G.S.
					 108A-103;
					 143B-153;
Eff.
					 November 1, 1983;
Amended Eff. December 1, 1991; July 1,
					 1990;
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 .0500 - RESIDENTIAL CARE FACILITIES › Section 71A .0502 - NOTICE TO ADMINISTRATOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The county
				  director will not inform the administrator prior to the first visit to the
				  facility that a protective services report has been received, except in
				  specific instances where the county director thinks the assistance of the
				  administrator will be needed in conducting the evaluation.
(b) The county director shall provide the
				  administrator of a nursing, combination, or residential care facility with a
				  written summary of the nature of the protective services report, whether or not
				  evidence of abuse, neglect or exploitation was found, and whether or not a need
				  for protective services was substantiated. The written summary to the
				  administrator shall be limited to the following:
(1) acknowledgement that a protective
				  services report was received on a specified patient or resident of the
				  facility;
(2) the specific
				  allegations in the report (the complainant shall not be named);
(3) whether or not evidence of abuse, neglect
				  or exploitation was found;
(4)
				  whether or not the need for protective services was substantiated;
(5) a general statement as to how the
				  conclusion was reached (the names of persons who were contacted during the
				  evaluation to obtain information shall not be given).
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter A - PROTECTIVE SERVICES FOR ADULTS › Section .0500 - RESIDENTIAL CARE FACILITIES › Section 71A .0503 - REPORT TO REGULATORY AGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A copy
				  of the written report required by Rule .0901 of this Subchapter shall be sent
				  to the Division of Health Service Regulation, within 30 days of completion of
				  the evaluation. If the identity of the person making the protective services
				  report and the names of individuals who provide information about the disabled
				  adult are needed by the Division of Health Service Regulation in order to carry
				  out an investigation, that information shall be shared verbally with the
				  Division on request.
(b) When
				  evidence of financial exploitation is found in Medicaid - funded facilities,
				  the county department of social services shall send a copy of the written
				  report to the Division of Medical Assistance, as well as to the Division of
				  Health Service Regulation.
(c)
				  When, in the course of an evaluation, evidence of abuse, neglect or
				  exploitation is found, the county director shall notify the Division of Health
				  Service Regulation immediately by telephone. In addition the county director
				  shall inform the Division of Health Service Regulation as to whether or not the
				  need for protective services will be substantiated.
(d) When, in the course of an evaluation, it
				  appears that a report of a need for protective services will not be
				  substantiated, but the county director finds violations of licensure standards,
				  such violations shall be reported immediately to the appropriate supervisory
				  agency. Reports of violations of standards in nursing and combination
				  facilities and residential care facilities licensed under G.S. 122C shall be
				  made to the Division of Health Service Regulation. Reports of violations of
				  standards in residential care facilities licensed under
				  G.S.
				  131D-2 shall be made to the adult home
				  specialist in the county department of social services.
Authority
					 G.S.
					 108A-103;
					 143B-153;
Eff.
					 November 1, 1983;
Amended Eff. December 1, 1991; July 1,
					 1990;
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 .0500 - RESIDENTIAL CARE FACILITIES › Section 71A .0504 - INTER COUNTY COORDINATION

Current through Register Vol. 39, No. 2, July 15, 2024
The department in the county in which a nursing,
					 combination, or residential care facility is located has primary responsibility
					 for providing protective services to adults in that facility. That department
					 shall notify the department in the adult's county of residence when a
					 protective services report on the adult is substantiated and shall inform the
					 department in the county of residence of the plan for protective services. The
					 department in the county of residence shall cooperate and assist to the extent
					 possible in the provision of protective services.
Authority
					 G.S.
					 108A-103;
					 143B-153;
Eff.
					 November 1, 1983;
Amended Eff. December 1, 1991;
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 .0600 - STATE MENTAL HEALTH: MENTAL RETARDATION: SUBSTANCE ABUSE SERVICES INSTITUTIONS › Section 71A .0601 - EVALUATIONS OF ABUSE: NEGLECT AND EXPLOITATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  county department of social services shall initiate its evaluation in
				  accordance with the time frame in Rule .0204 of this Subchapter.
(b) When the report comes from a source other
				  than the facility administration, the county department shall inform the chief
				  administrator of the involved facility of the report as appropriate and of
				  applicable state law.
(c) The
				  county department shall notify the complainant that the department is making an
				  evaluation.
(d) Upon completion of
				  the evaluation, the department shall set forth its findings and proposed
				  actions in writing to:
(1) the chief
				  administrator of the involved facility;
(2) the disabled adult's legal guardian, if
				  any.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter A - PROTECTIVE SERVICES FOR ADULTS › Section .0600 - STATE MENTAL HEALTH: MENTAL RETARDATION: SUBSTANCE ABUSE SERVICES INSTITUTIONS › Section 71A .0602 - REPORTS OF NEED FOR MEDICAL TREATMENT FOR RESIDENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Rules in Section .0200 of this Subchapter shall be followed by the county
				  department of social services in carrying out the evaluation of reports of need
				  for medical treatment made in accordance with
				  G.S.
				  108A-101(m).
(b) After completing the evaluation, if it is
				  reasonably determined that the person needs protective services, the county
				  department shall petition the district court and request a hearing on the
				  matter. The petition must present the need for specific medical treatment, as
				  well as other circumstances substantiating neglect and request that an
				  individual or organization be designated to consent to the medical treatment.
				  If an emergency exists, the department shall petition the district court for an
				  order to provide emergency services.
(c) After the court's decision is made, the
				  county department shall send to the institution the findings of the
				  court.
(d) When the county
				  department is designated by the court, the director or his designee shall
				  verbally communicate to the institution consent for medical treatment. This
				  shall be done immediately after the judgment is made, to be followed by written
				  consent.
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 .0700 - INTER-COUNTY RESPONSIBILITY › Section 71A .0701 - COOPERATION IN COMPLETING EVALUATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The department of social services in the county in which a
					 disabled adult is located shall cooperate in carrying out the evaluation of a
					 protective services report when the department of social services in the
					 adult's county of residence has received the report and is responsible for the
					 evaluation. Cooperation shall include prompt performance of any activities
					 within the scope of protective services necessary to insure the protection of
					 the disabled adult. In such cases, the department in the county in which the
					 adult is located shall inform the department in the county of residence in
					 advance of any medical, psychological or other examinations necessary to
					 complete the protective services evaluation. The county of residence shall be
					 financially responsible for such examinations and for all necessary legal
					 expenses incurred in providing protective services.
Authority
					 G.S.
					 143B-153;
Eff. November 1,
					 1983;
Amended Eff. July 1, 1990;
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 .0700 - INTER-COUNTY RESPONSIBILITY › Section 71A .0702 - MOVEMENT OF ADULT TO ANOTHER COUNTY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If a disabled
				  adult who moves to another county has consented to the provision of protective
				  services and no court order is involved, the county department providing
				  protective services shall ask the disabled adult to consent for information to
				  be shared with the department in the new county of residence. If the adult does
				  not consent, the department providing protective services shall not share
				  information with the department in the new county of residence. If the adult
				  consents, the department shall notify the department in the new county of
				  residence of the disabled adult's situation. The department in the new county
				  of residence shall contact the disabled adult to determine whether or not
				  protective services continue to be needed and, if so, if the disabled adult
				  consents to their provision.
(b) If
				  the department in the original county of residence has been providing
				  protective services under a court order, the department shall file a motion in
				  the court to be relieved of responsibility because the disabled adult has moved
				  to another county. The department shall make a protective services referral to
				  the department in the new county of residence. The department in the new county
				  of residence shall evaluate the adult's current situation to determine whether
				  or not protective services are needed and, if so, shall request authority to
				  provide services.
Authority
					 G.S.
					 143B-153;
Eff. November 1,
					 1983;
Amended Eff. July 1, 1990;
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 .0800 - CONFIDENTIALITY › Section 71A .0801 - COLLATERAL CONTACTS

Current through Register Vol. 39, No. 2, July 15, 2024
Collateral contacts with persons knowledgeable about a
					 disabled adult's situation may be made without the adult or caretaker's consent
					 when such contacts are necessary to complete a protective services
					 evaluation.
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 .0800 - CONFIDENTIALITY › Section 71A .0802 - IDENTITY OF COMPLAINANT AND OF INDIVIDUALS WHO HAVE KNOWLEDGE OF THE SITUATION

Current through Register Vol. 39, No. 2, July 15, 2024
The identity of the complainant and of individuals who have
					 knowledge of the situation of the disabled adult shall be kept confidential
					 unless the court requires that such persons' identities be revealed with the
					 exceptions that:
(1) the complainant's
				  name and the names of individuals who have knowledge of the situation of the
				  disabled adult may be given verbally to the Division of Health Service
				  Regulation when requested by that agency in order to carry out its
				  investigation, and
(2) to the
				  District Attorney's office and to law enforcement agencies which are
				  prosecuting or conducting a criminal investigation of alleged abuse, neglect or
				  exploitation of a disabled adult.
Authority
					 G.S.
					 108A-103;
					 143B-153;
Eff.
					 November 1, 1983;
Amended Eff. December 1, 1991;
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.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter A - PROTECTIVE SERVICES FOR ADULTS › Section .0800 - CONFIDENTIALITY › Section 71A .0803 - SPECIFIC FINDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Specific findings of the evaluation shall be kept
					 confidential and shall not be released without consent of the disabled adult or
					 court order, except that the department of social services at its discretion
					 may share information about the adult with other persons or agencies without
					 the adult or caretaker's consent to the extent necessary to provide protective
					 services. When evidence of abuse, neglect, or exploitation is found, and upon
					 request of the district attorney or law enforcement agencies, such information
					 shall be sent to help with a criminal investigation or prosecution of abuse,
					 neglect or exploitation.
Authority
					 G.S.
					 143B-153;
					 108A-80(d);
Eff. November 1, 1983;
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.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter A - PROTECTIVE SERVICES FOR ADULTS › Section .0800 - CONFIDENTIALITY › Section 71A .0804 - REFERRAL TO ANOTHER COUNTY

Current through Register Vol. 39, No. 2, July 15, 2024
When a client who is receiving protective services under
					 court order moves from one county to another, a protective services referral
					 may be made by the first county to the second county without the client's
					 consent. When the second county requests information in order to conduct its
					 evaluation, the first county shall provide the needed information, including
					 all information about the protective services report, results of the
					 evaluation, and services provided to remedy the protective services
					 problem.
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 .0800 - CONFIDENTIALITY › Section 71A .0805 - RELEASE OF SPECIFIC FINDINGS TO OTHER GOVERNMENTAL AGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
Federal, state, and law enforcement agencies may be sent
					 copies of the written report as specified in Rule .0901 of this Subchapter when
					 the results of the adult protective services evaluation indicate violations of
					 statutes, rules, or regulations enforced by these agencies.
Authority
					 G.S.
					 108A-103;
					 143B-153;
Eff.
					 December 1, 1991;
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 .0800 - CONFIDENTIALITY › Section 71A .0806 - ADULT PROTECTIVE SERVICES REGISTER

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Information submitted by county departments of social services to the Adult
				  Protective Services Register is confidential. Non-identifying statistical
				  information and general information about the scope, nature and extent of adult
				  abuse, neglect and exploitation in North Carolina is not subject to this Rule
				  of confidentiality.
(b) Access to
				  the Adult Protective Services Register is restricted to:
(1) the county department of social services,
(A) in order to identify whether an adult who
				  is the subject of an Adult Protective Services evaluation has been previously
				  reported and evaluated under G.S. 108A, Article 6 in any county in the state;
				  or
(B) in order to share client
				  specific information with an out-of-state protective services agency to assure
				  that protective services will be made available to an adult previously served
				  in North Carolina as quickly as possible for the purpose of preventing further
				  abuse, neglect or exploitation; or
(C) in order to share client specific
				  information with law enforcement agencies to assure that protective services
				  will be made available to an adult as quickly as possible;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter A - PROTECTIVE SERVICES FOR ADULTS › Section .0900 - DOCUMENTATION AND REPORTS › Section 71A .0901 - WRITTEN REPORT OF THE EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Written
				  reports shall be completed when:
(1) the adult
				  protective services evaluation was conducted on a patient or resident of a
				  facility as defined in
				  G.S.
				  131E-101,
				  131D-2(a)(3),
				  or 122C; or
(2) evidence of abuse,
				  neglect or exploitation is found.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter A - PROTECTIVE SERVICES FOR ADULTS › Section .0900 - DOCUMENTATION AND REPORTS › Section 71A .0902 - CARETAKER INTERFERENCE: PETITION TO COURT

Current through Register Vol. 39, No. 2, July 15, 2024
In preparation for petitioning the court for an order
					 enjoining a caretaker from interfering with the provision of protective
					 services, the worker shall document:
(1) the date, time and circumstances under
				  which the disabled adult's consent for services was given; and
(2) the attempts which were made to obtain
				  the caretaker's consent including:
(a) the
				  circumstances under which the caretaker's consent was requested; and
(b) the information provided to the caretaker
				  before asking for the caretaker's consent.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter A - PROTECTIVE SERVICES FOR ADULTS › Section .0900 - DOCUMENTATION AND REPORTS › Section 71A .0903 - PROTECTIVE SERVICES PETITION TO COURT

Current through Register Vol. 39, No. 2, July 15, 2024
In preparation to petition the court for an order
					 authorizing the provision of protective services, the worker must document the
					 facts which show that:
(1) the disabled
				  adult is being abused, neglected, or exploited; and
(2) the adult lacks the capacity to consent
				  to such services.
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 .0900 - DOCUMENTATION AND REPORTS › Section 71A .0904 - EMERGENCY PETITION TO COURT

Current through Register Vol. 39, No. 2, July 15, 2024
The information required by
					 G.S.
					 108A-106(c) to be included
					 in the petition shall be documented in the agency file.
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 .0900 - DOCUMENTATION AND REPORTS › Section 71A .0905 - FINANCIAL EXPLOITATION: PETITION TO COURT

Current through Register Vol. 39, No. 2, July 15, 2024
In preparation to petition the court under
					 G.S.
					 108A-106(f), documentation
					 must be made of specific information indicating that:
(1) the adult lacks the capacity to
				  consent;
(2) the adult is in need
				  of protective services;
(3) the
				  adult is being financially exploited; and
(4) no one else is able or willing to arrange
				  for protective services.
Authority
					 G.S.
					 143B-153;
Eff. November 1,
					 1983;
Amended Eff. July 1, 1990;
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 .0900 - DOCUMENTATION AND REPORTS › Section 71A .0906 - REPORT TO DISTRICT ATTORNEY

Current through Register Vol. 39, No. 2, July 15, 2024
Notification to the district attorney in accordance with
					 G.S.
					 108A-109 shall be in written form and shall
					 include the information specified in Rule .0901 of this
					 Section.
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 .0900 - DOCUMENTATION AND REPORTS › Section 71A .0907 - REPORT TO THE COMPLAINANT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  required notice to the complainant may be oral or in writing at the discretion
				  of the complainant and shall be made immediately on completing the evaluation.
				  It shall include a statement of whether or not the report was substantiated
				  and, if so, a statement that the agency is providing continued
				  services.
(b) Documentation shall
				  be made of when and how the notice is given.
(c) In order to protect the client's
				  confidentiality, the notice shall not include specific findings of the
				  evaluation.
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 .0900 - DOCUMENTATION AND REPORTS › Section 71A .0908 - CASE RECORD

Current through Register Vol. 39, No. 2, July 15, 2024
A separate record, or a separate section of an existing
					 record, shall be established to contain information on protective services
					 provided to an adult, including the following:
(1) the report of a need for protective
				  services;
(2) the written report by
				  the department;
(3) any court
				  documents about the case; and
(4)
				  other information relative to the evaluation of the report and the provision of
				  protective services.
Authority
					 G.S.
					 108A-103;
					 143B-153;
Eff.
					 November 1, 1983;
Amended Eff. December 1, 1991;
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 B - GUARDIANSHIP SERVICES › Section 71B .0101 - DISINTERESTED PUBLIC AGENT AS GUARDIAN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When a
				disinterested public agent is appointed to serve as a guardian by the clerk of
				superior court, the appointed disinterested public agent is authorized and
				required to serve as guardian in accordance with the "Clerk's Order" and in
				accordance with the "guardian or guardians letters of appointment" issued
				pursuant to
				G.S.
				35A-1210 through 1216.
(b) When a disinterested public agent is
				appointed as guardian, he shall carry out the following responsibilities in
				addition to duties identified in
				G.S.
				35A-1210 through 1216:
(1) after July 1, 1985, he shall have
				received or must obtain training as described in Rule .0102 of this Subchapter
				on the responsibilities of a guardian;
(2) he shall see the ward as frequently as
				needed and appropriate and shall have contact related to the ward no less than
				once every 90 days;
(3) he shall
				allow the ward to exercise independent decision making and to assume as much
				responsibility and independence as is reasonable considering the ward's
				abilities, limitation, functioning capability and scope of the
				guardianship;
(4) when he ceases to
				qualify as a disinterested public agent, the guardian shall notify the clerk of
				superior court who will then appoint a successor guardian;
(5) when the ward appears to be no longer
				incompetent, the guardian shall petition the clerk of superior court for
				restoration to competency; and
(6)
				if a designated agency has not been appointed, the guardian shall petition the
				clerk of superior court for a designated agency to be appointed to receive
				status reports.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter B - GUARDIANSHIP SERVICES › Section 71B .0102 - TRAINING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Any disinterested public agent appointed as guardian must
				  have completed training provided or approved by the Department of Health and
				  Human Services concerning the powers and responsibilities of a guardian. A
				  disinterested public agent must complete the training prior to or within one
				  year of the appointment as guardian.
Authority
				  G.S.
				  35A-1216;
Eff. July 1,
				  1984;
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 C - ADULT PLACEMENT SERVICES › Section .0100 - SERVICE REQUIREMENTS › Section 71C .0102 - ASSESSMENT AND SUPPORTIVE COUNSELING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  thorough assessment must be conducted of the client's situation, including
				  strengths and limitations in the following areas:
(1) physical health;
(2) mental health;
(3) social system;
(4) activities of daily living and
				  instrumental activities of daily living;
(5) economic and financial circumstances;
				  and
(6) environment.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter C - ADULT PLACEMENT SERVICES › Section .0100 - SERVICE REQUIREMENTS › Section 71C .0103 - SERVICE PLANNING

Current through Register Vol. 39, No. 2, July 15, 2024
A service plan must be developed which addresses problems
					 identified during the assessment and which takes into account client and family
					 strengths and goals. The client must be involved in the service planning
					 process as much as he is capable of doing so. The service plan must document
					 activities to meet goals.
Authority
					 G.S.
					 143B-153;
Eff. March 1,
					 1994;
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 C - ADULT PLACEMENT SERVICES › Section .0100 - SERVICE REQUIREMENTS › Section 71C .0105 - LOCATING A BED AND SECURING PLACEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Social
				  workers in the county departments of social services are responsible for
				  assisting clients who are receiving Adult Placement Services and their families
				  or representatives to locate available beds in substitute homes, residential
				  health care facilities, or independent housing in the community with services
				  and charges suitable to their needs.
(1)
				  County departments are not allowed to make referrals to or participate in plans
				  for placing individuals in domiciliary homes, nursing facilities, or any other
				  facility placement arrangements which do not comply with the Civil Rights Act
				  of 1964, or to provide Adult Placement Services to individuals residing in
				  those homes or facilities.
(A) A list of all
				  licensed domiciliary homes, and group homes operated by or under contract with
				  area mental health authorities which have signed a Civil Rights Compliance
				  Statement are published quarterly by the Adult and Family Services Section of
				  the Division of Social Services. This list may be obtained at no cost by
				  contacting the Adult and Family Services Section at (919) 733-7145 or 325 N.
				  Salisbury Street, 2405 Mail Service Center, Raleigh, NC, 27699-2405.
(B) A list of licensed health care facilities
				  which are Medicaid or Medicare certified, and therefore have signed a statement
				  of compliance with the Civil Rights Act of 1964, is available from the
				  Certification Section of the Division of Health Service Regulation by request.
				  This list may be obtained at no cost by contacting the Licensure and
				  Certification Section at (919) 733-7461 or 2711 Mail Service Center, Raleigh,
				  NC, 27699-2711.
(C) In addition to
				  procedures in Parts (a)(1)(A) and (B) of this Rule, the inclusion of a
				  statement of compliance with the Civil Rights Act of 1964 in the home or
				  facility's admissions policies, or the posting of a Medicaid or Medicare
				  certification in a nursing home, will indicate compliance.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 71 - ADULT AND FAMILY SUPPORT › Subchapter C - ADULT PLACEMENT SERVICES › Section .0100 - SERVICE REQUIREMENTS › Section 71C .0106 - POST-PLACEMENT ADJUSTMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) County
				  departments of social services are responsible for providing or facilitating
				  services to assist clients receiving Adult Placement Services to adjust to
				  their placements or independent settings. This includes clients for whom the
				  county department has facilitated placement arrangements as well as clients
				  already living in facilities who request or are referred for
				  services.
(b) Adjustment services
				  include psychosocial adjustment as well as assuring that supportive services
				  and financial arrangements are in place.
(c) These services may be facilitated by
				  assuring that another agency, facility staff member, family member or other
				  representative is assisting the client with adjustment. If another agency,
				  facility staff member, family member or representative is not assisting the
				  client, the social worker will provide these services until a satisfactory
				  adjustment has been made or until alternate services are in place for the
				  client. The county department must provide or facilitate adjustment services a
				  minimum of 30 days after the client's admission or relocation to a facility or
				  other living arrangement.
Authority
					 G.S.
					 143B-153;
Eff. March 1,
					 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 20,
					 2017.