reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter E - LICENSING OF FAMILY FOSTER HOMES › Section .1100 - STANDARDS FOR LICENSING › Section 70E .1109 - HEALTH REGULATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The supervising agency shall have a discussion regarding
					 water quality and sanitation with the applicants. The supervising agency shall
					 document the date the discussion was held and include a statement that the
					 family is not aware of any health hazards caused by the family's water and
					 sanitation facilities. The supervising agency shall ask the family about water
					 testing that has been done and any immediate or past problems concerning water
					 quality and sanitation. As part of the on-site visit, the supervising agency
					 shall observe that the home has running water. As part of the on-site visit,
					 the supervising agency shall observe that the home has a sanitary toilet and
					 bathing facility. Licensure of a foster home shall not be recommended if the
					 supervising agency has any reason to believe the water supply is not safe or
					 the toilet and bathing facilities are not sanitary.
Authority
					 G.S.
					 131D-10.1;
					 131D-10.3;
					 131D-10.5;
					 143B-153;
Eff.
					 September 1, 2007;
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 E - LICENSING OF FAMILY FOSTER HOMES › Section .1100 - STANDARDS FOR LICENSING › Section 70E .1110 - ENVIRONMENTAL REGULATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  home and yard shall be maintained and repaired so that they are not hazardous
				  to the children in care.
(b) The
				  house shall be kept free of uncontrolled rodents and insects.
(c) Windows and doors used for ventilation
				  shall be screened.
(d) The kitchen
				  shall be equipped with an operable stove and refrigerator, running water and
				  eating, cooking, and drinking utensils to accommodate the household members.
				  The eating, cooking, and drinking utensils shall be cleaned and stored after
				  each use.
(e) Household equipment
				  and furniture shall be in good repair.
(f) Flammable and poisonous substances,
				  medications, and cleaning materials shall be stored out of the reach of
				  children placed for foster care.
(g) Explosive materials, ammunition, and
				  firearms shall each be stored separately, in locked places.
(h) Documentation that household pets have
				  been vaccinated for rabies shall be maintained by the foster parents.
(i) Each home shall have heating,
				  air-cooling, or ventilating capability to maintain a range between 65º F
				  (18.3º C) and 85º F (29.4º C).
(j) Rooms including toilets, baths, and
				  kitchens without operable windows, shall have mechanical ventilation to the
				  outside.
Authority
					 G.S.
					 131D-10.1;
					 131D-10.3;
					 131D-10.5;
					 143B-153;
Eff.
					 September 1, 2007;
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 E - LICENSING OF FAMILY FOSTER HOMES › Section .1100 - STANDARDS FOR LICENSING › Section 70E .1111 - ROOM ARRANGEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each home shall
				  have a family room to meet the needs of the family including children placed
				  for foster care.
(b) The kitchen
				  shall be large enough for preparation of food and cleaning of dishes. Each home
				  shall have a dining area to meet the needs of the family including children
				  placed for foster care.
(c)
				  Bedrooms shall be identified on a floor plan as bedrooms and shall not serve
				  dual functions.
(d) Children shall
				  not be permitted to sleep in an unfinished basement or in an unfinished
				  attic.
(e) Each child shall have
				  his/her own bed. Each bed shall be provided with a supported mattress, two
				  sheets, blanket, bedspread, and be of size to accommodate the child. No day
				  bed, convertible sofa, or other bedding of a temporary nature shall be used for
				  the exclusive sleeping area of the child except for temporary care for up to
				  two weeks. The sleeping room shall not be shared by children of the opposite
				  sex except by children age five and under. The sleeping arrangements shall
				  provide space within the bedroom for the bed and the child's personal
				  possessions. When children share a bedroom, a child under six shall not share a
				  room with a child over 12, except when siblings are placed together. No more
				  than four children shall share a room.
(f) Separate and accessible drawer space and
				  closet space for personal belongings and clothing shall be available for each
				  child.
(g) The home shall have
				  indoor, operable sanitary toilet, hand-washing, and bathing facilities. Homes
				  shall be designed in a manner that will provide children privacy while bathing,
				  dressing, and using toilet facilities.
Authority
					 G.S.
					 131D-10.1;
					 131D-10.3;
					 131D-10.5;
					 143B-153;
Eff.
					 September 1, 2007;
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 E - LICENSING OF FAMILY FOSTER HOMES › Section .1100 - STANDARDS FOR LICENSING › Section 70E .1112 - EXTERIOR SETTING AND SAFETY

Current through Register Vol. 39, No. 2, July 15, 2024
The exterior spaces around the foster home, including any
					 yard spaces shall be clear of any dangerous objects or hazardous items
					 including access to water, such as swimming pools, beaches, rivers, lakes, or
					 streams. Access to such hazards shall be avoided by either a fence at least 48
					 inches high with a locked gate around the hazard, or by a fence at least 48
					 inches high with a locked gate around the yard and exterior space of the home
					 while still providing play space for children. Access to water in above ground
					 swimming pools shall be prevented by locking and securing the ladder in place
					 or storing the ladder in a place inaccessible to the children. The supervising
					 agency shall observe and document that the foster parents have taken measures
					 to protect foster children from having unsupervised access to swimming pools,
					 beaches, rivers, lakes, streams, other water sources, or other
					 hazards.
Authority
					 G.S.
					 131D-10.1;
					 131D-10.3;
					 131D-10.5;
					 143B-153;
Eff.
					 September 1, 2007;
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 E - LICENSING OF FAMILY FOSTER HOMES › Section .1100 - STANDARDS FOR LICENSING › Section 70E .1113 - LICENSING COMPLIANCE VISITS

Current through Register Vol. 39, No. 2, July 15, 2024
Quarterly Visits. Licensing social workers of supervising
					 agencies shall visit with the foster family on at least a quarterly basis for
					 the specific purpose of assessing licensing requirements. Two of the quarterly
					 visits each year shall take place in the foster home. The licensing social
					 worker may require the remaining visits to occur at a location of the licensing
					 social worker's preference.
Authority
					 G.S.
					 131D-10.1;
					 131D-10.3;
					 131D-10.5;
					 143B-153;
Eff.
					 September 1, 2007;
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 E - LICENSING OF FAMILY FOSTER HOMES › Section .1100 - STANDARDS FOR LICENSING › Section 70E .1114 - CRIMINAL HISTORIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant
				  shall not be licensed if the applicant, or any member of the applicant's
				  household 18 years of age or older, refuses to consent to a criminal history
				  check required by G.S. 131D, Article 1A.
(b) An applicant or any member of the
				  applicant's household is not eligible for licensure if the applicant or any
				  member of the applicant's household has been convicted of a felony involving:
(1) child abuse or neglect;
(2) spouse abuse;
(3) a crime against a child or children
				  (including child pornography); or
(4) a crime involving violence, including
				  rape, sexual assault, or homicide but not including other physical assault or
				  battery.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter E - LICENSING OF FAMILY FOSTER HOMES › Section .1100 - STANDARDS FOR LICENSING › Section 70E .1115 - RESPONSIBLE INDIVIDUALS LIST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant
				  is not eligible for licensure if the applicant has within the last five years
				  been substantiated for abuse or serious neglect and is placed on the
				  Responsible Individuals List as defined in North Carolina
				  General
				  Statute 7B-311.
(b) After five years, an applicant who is on
				  the Responsible Individuals List may be considered for licensure based on the
				  following factors:
(1) nature of the
				  substantiation;
(2) length of time
				  since the substantiation;
(3)
				  circumstances surrounding the substantiation;
(4) evidence of rehabilitation;
(5) history of convictions and violations;
				  and
(6) letter of support for
				  licensure from the executive director of the agency.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter E - LICENSING OF FAMILY FOSTER HOMES › Section .1100 - STANDARDS FOR LICENSING › Section 70E .1116 - CRIMINAL HISTORY CHECKS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The supervising
				  agency shall complete the following activities at initial licensure for new
				  foster parent applicants and any member of the prospective foster parents'
				  household who is 18 years of age or older:
(1)
				  furnish the written notice as required by
				  G.S.
				  131D-10.3A(e);
(2) obtain a signed consent form for a
				  criminal history check and submit the signed consent form to the Department of
				  Health and Human Services, Criminal Records Check Unit;
(3) obtain two sets of fingerprints on SBI
				  identification cards and forward both sets of fingerprints to the Department of
				  Health and Human Services, Criminal Records Check Unit. Once an individual's
				  fingerprints have been submitted to the Department of Health and Human
				  Services, Criminal Records Check Unit, additional fingerprints shall not be
				  required;
(4) conduct a local
				  criminal history check through accessing the Administrative Office of the
				  Courts and the Department of Corrections Offender Population Unified System and
				  submit the results of the criminal history checks to the licensing
				  authority;
(5) obtain a signed
				  statement that:
(A) the individual has no
				  criminal, social or medical history which would adversely affect their capacity
				  to work with children and adults;
(B) obtain a signed statement that the
				  individual has not abused or neglected a child, been a respondent in a juvenile
				  court proceeding that resulted in the removal of a child, or had child
				  protective services involvement that resulted in the removal of a child;
				  and
(C) obtain a signed statement
				  that the applicant has not abused, neglected, or exploited a disabled adult and
				  has never committed an act of domestic violence upon another person;
(6) conduct a search of the North
				  Carolina Sex Offender and Public Protection Registry; and
(7) conduct a search of the North Carolina
				  Health Care Personnel Registry pursuant to
				  G.S.
				  131E-256.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter E - LICENSING OF FAMILY FOSTER HOMES › Section .1100 - STANDARDS FOR LICENSING › Section 70E .1117 - TRAINING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Each supervising agency shall provide, or cause to be
					 provided, preservice and in-service training for all prospective and licensed
					 foster parents as follows:
(1) Prior to
				  licensure or within six months from the date a provisional license is issued,
				  each applicant shall complete 30 hours of preservice training. Preservice
				  training shall include the following:
(a)
				  general orientation to foster care adoption process;
(b) communication skills;
(c) understanding the dynamics of foster
				  care;
(d) separation and
				  loss;
(e) attachment and
				  trust;
(f) child and adolescent
				  development;
(g) behavior
				  management;
(h) working with birth
				  families and maintaining connections;
(i) lifebook preparation;
(j) planned moves and the impact of
				  disruption;
(k) the impact of
				  placement on foster and adoptive families;
(l) teamwork to achieve permanence
(m) cultural sensitivity;
(n) confidentiality;
(o) health and safety;
(p) trauma informed care; and
(q) the Reasonable and Prudent Parent
				  Standard as defined in
				  G.S.
				  131D-10.2A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter F - CHILD PLACING AGENCIES AND RESIDENTIAL MATERNITY HOMES › Section .0100 - GENERAL › Section 70F .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Subchapter apply to agencies that receive
					 children for the purpose of placement in family foster homes, therapeutic
					 foster homes, adoptive homes, and residential maternity homes. In addition, if
					 agencies provide therapeutic foster care services, the rules in
					 10A NCAC
					 27G .0203 and
					 27G .0204;
					 10A NCAC
					 70E; and
					 10A NCAC
					 70G apply. The North Carolina Department of
					 Health and Human Services, Division of Social Services, is the licensing
					 authority for child-placing agencies for adoption, child-placing agencies for
					 foster care, and residential maternity homes.
Authority
					 G.S.
					 131D-1;
					 131D-10.3;
					 131D-10.5;
					 143B-153;
Eff.
					 February 1, 1986;
Amended Eff. January 1, 2002; July 1,
					 1990;
Temporary Amendment Eff. February 1, 2002;
Amended Eff. October 1, 2008; July 18, 2002;
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 F - CHILD PLACING AGENCIES AND RESIDENTIAL MATERNITY HOMES › Section .0100 - GENERAL › Section 70F .0102 - REPEALED - LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-1;
					 131D-10.3;
					 131D-10.5;
					 131D-10.10;
					 143B-153;
Eff.
					 February 1, 1986;
Amended Eff. July 18, 2002; July 1,
					 1990;
Temporary Amendment Eff. July 1, 2003;
Amended
					 Eff. October 1, 2008; August 1, 2004;
Repealed Eff. August 1,
					 2011.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter F - CHILD PLACING AGENCIES AND RESIDENTIAL MATERNITY HOMES › Section .0200 - ORGANIZATION AND ADMINISTRATION › Section 70F .0201 - GOVERNANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A private
				  child-placing agency and residential maternity home shall have a governing body
				  that exercises authority and has responsibility for its operation, policies,
				  and practices. The private child-placing agency and maternity home shall notify
				  the licensing authority of the type and structure of the governing
				  body.
(b) A private child-placing
				  agency and a residential maternity home that operates under articles of
				  incorporation shall file the articles of incorporation with the Department of
				  the Secretary of State (http://www.secretary.state.nc.us).An official copy of
				  the articles of incorporation shall be submitted to the licensing
				  authority.
(c) In the case of
				  non-profit or for-profit corporations, the governing body shall:
(1) be composed of no fewer than six members
				  to include men and women;
(2)
				  provide for a system of rotation for board members and limitation to the number
				  of consecutive terms a member may serve;
(3) establish standing committees;
(4) provide orientation for new members;
				  and
(5) meet at least four times
				  annually with a quorum present.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter F - CHILD PLACING AGENCIES AND RESIDENTIAL MATERNITY HOMES › Section .0200 - ORGANIZATION AND ADMINISTRATION › Section 70F .0202 - RESPONSIBILITIES OF THE GOVERNING BODY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The governing
				  body shall provide leadership for the agency and shall approve the agency's
				  policies and programs.
(b) The
				  governing body shall employ an executive director who is located in the
				  agency's administrative office within the geographical boundaries of North
				  Carolina and shall delegate responsibility for the administration and operation
				  of the agency to that director, including the employment and discharge of all
				  agency staff.
(c) The governing
				  body shall:
(1) require the executive director
				  provide a signed statement that the executive director has no criminal, social,
				  or medical history that would adversely affect his or her capacity to work with
				  children and adults;
(2) ensure
				  that the criminal histories of an executive director are completed;
(3) ensure that searches of the North
				  Carolina Sex Offender and Public Protection Registry and the North Carolina
				  Health Care Personnel Registry pursuant to
				  G.S.
				  131E-256 are completed;
(4) submit authorization to the licensing
				  authority to search the Responsible Individuals List, as defined in
				  10A NCAC
				  70A .0102, to determine if the executive
				  director has had child protective services involvement resulting in a
				  substantiation of child abuse or serious neglect;
(5) make all determinations concerning an
				  individual's fitness for employment based on the requirements of this Paragraph
				  prior to employment;
(6) require
				  that the executive director provide a signed statement prior to employment that
				  he or she has not abused or neglected child, has not been a respondent in a
				  juvenile court proceeding that resulted in the removal of a child, and has not
				  had child protective services involvement that resulted in the removal of a
				  child; and
(7) require that the
				  executive director provide a signed statement that he or she has not abused,
				  neglected, or exploited a disabled adult and that he or she has never committed
				  an act of domestic violence upon another person.
Agencies or applicants that do not have a governing body
					 shall provide this information directly to the licensing
					 authority.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter F - CHILD PLACING AGENCIES AND RESIDENTIAL MATERNITY HOMES › Section .0200 - ORGANIZATION AND ADMINISTRATION › Section 70F .0203 - FINANCES, FEES AND INSURANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Child-placing agencies and residential maternity homes shall have a written
				  line item budget, showing planned expenditures and revenues available to
				  operate the agency for a 12 month period. A copy of the budget shall be
				  submitted to the licensing authority prior to initial licensure and biennially
				  thereafter.
(b) Child-placing
				  agencies and residential maternity homes receiving foster care maintenance
				  payments of state funds or state maternity home funds shall submit an annual
				  audit of their financial statements to the Department of Health and Human
				  Services, Controller's Office in compliance with
				  10A NCAC
				  70D .0105(a)(5).
(c) Child-placing agencies and residential
				  maternity homes shall have a written policy on fees for services which shall be
				  inclusive of all fees and charges. No cost beyond the written policy shall be
				  imposed. The agency policy shall describe the relationship between fees and
				  services provided and the conditions under which fees are charged or waived.
				  The agency shall make the policy available to applicants for services at the
				  time an application for service is made and to the public upon
				  request.
(d) Adoption agencies that
				  provide international adoption services shall inform prospective adoptive
				  parents of the estimated or actual expenses associated with an international
				  adoption that includes:
(1) application
				  fees;
(2) preplacement assessment
				  (homestudy) fees;
(3) pre-adoption
				  service fees;
(4) government and
				  facilitator fees;
(5) placement
				  service fees;
(6) post-placement
				  and post-adoption service fees;
(7)
				  travel and other costs and fees in the child's country of origin; and
(8) additional costs associated with the
				  adoption.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter F - CHILD PLACING AGENCIES AND RESIDENTIAL MATERNITY HOMES › Section .0200 - ORGANIZATION AND ADMINISTRATION › Section 70F .0204 - AGENCY SETTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall maintain an administrative office within the geographical boundaries of
				  North Carolina from which the activities carried out under the North Carolina
				  license are handled.
(b) The agency
				  shall provide and maintain office space, equipment and supplies to ensure the
				  following:
(1) confidentiality and safekeeping
				  of records;
(2) privacy for
				  interviewing and conferences; and
(3) availability of visiting rooms for
				  families and children.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter F - CHILD PLACING AGENCIES AND RESIDENTIAL MATERNITY HOMES › Section .0200 - ORGANIZATION AND ADMINISTRATION › Section 70F .0206 - PERSONNEL POLICIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall have written policies for all employees (full-time, part-time and
				  contracted) which include the following:
(1)
				  written job descriptions and titles for each position defining the
				  qualifications, duties, and lines of authority;
(2) salary scales;
(3) a description of employee
				  benefits;
(4) opportunities for
				  professional growth through supervision, orientation, in-service training, and
				  staff development;
(5) procedures
				  for annual evaluation of the work and performance of each staff member which
				  includes provision for employee participation in the evaluation
				  process;
(6) a description of the
				  termination procedures established for resignation, retirement, or discharge;
				  and
(7) a written grievance
				  procedure for employees.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter F - CHILD PLACING AGENCIES AND RESIDENTIAL MATERNITY HOMES › Section .0200 - ORGANIZATION AND ADMINISTRATION › Section 70F .0207 - STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency shall verify prior to
				  employment the personal qualifications of employees through at least three
				  references.
(b) The agency shall
				  require that each applicant provide a signed statement that the applicant has
				  no criminal, social or medical history which would adversely affect the
				  applicant's capacity to work with children and adults. Prior to employment, the
				  agency shall submit authorization to the licensing authority to search the
				  Responsible Individuals List as defined in
				  10A NCAC
				  70A .0102 to determine if the applicant has
				  had child protective services involvement resulting in a substantiation of
				  child abuse or serious neglect. The agency shall require that each applicant
				  provide a signed statement that the applicant has not abused or neglected a
				  child or has been a respondent in a juvenile court proceeding that resulted in
				  the removal of a child or has had child protective services involvement that
				  resulted in the removal of a child. Prior to employment, a certified criminal
				  record check for the applicant shall be obtained, and a search conducted of the
				  North Carolina Sex Offender and Public Protection Registry and North Carolina
				  Health Care Personnel Registry (pursuant to
				  G.S.
				  131E-256) are completed. The agency shall
				  require that each applicant provide a signed statement that the applicant has
				  not abused, neglected, or exploited a disabled adult, and has not been a
				  domestic violence perpetrator.
(c)
				  Employees are not eligible for employment if they have been convicted of a
				  felony involving:
(1) child abuse or
				  neglect;
(2) spouse
				  abuse;
(3) a crime against a child
				  or children (including child pornography); or
(4) a crime of rape, sexual assault, or
				  homicide.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter F - CHILD PLACING AGENCIES AND RESIDENTIAL MATERNITY HOMES › Section .0200 - ORGANIZATION AND ADMINISTRATION › Section 70F .0208 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall develop and enforce a policy on confidentiality that:
(1) identifies the individuals with access to
				  or control over confidential information;
(2) specify that persons who have access to
				  records or specified information in a record be limited to persons authorized
				  pursuant to law, including:
(A) the
				  client;
(B) the parents, guardian,
				  or legal custodian if the client is a minor;
(C) agency staff;
(D) auditing, licensing, or accrediting
				  personnel; and
(E) those persons
				  for whom the agency has obtained a signed consent for release of confidential
				  information;
(3)
				  requires that when a client's information is disclosed, a signed written
				  consent for release of information is obtained from the parent, guardian, legal
				  custodian, or client if age 18 or older;
(4) provides for a secure place for the
				  storage of records with confidential information;
(5) informs any individual with access to
				  confidential information of the provisions of this Rule;
(6) ensures that, upon employment and
				  whenever revisions are made to the policy, staff sign a compliance statement
				  that indicates an understanding of the requirements of
				  confidentiality;
(7) permits a
				  client to review his or her case record in the presence of agency personnel on
				  the agency premises, in a manner that protects the confidentiality of other
				  family members or other individuals referenced in the record, unless agency
				  personnel determines the information in the client's case record would be
				  harmful to the client;
(8) in cases
				  of perceived harm to the client, documents in writing any refusal to share
				  information with the client, parents, guardian, or legal custodian;
(9) maintains a confidential case record for
				  each client;
(10) maintain
				  confidential personnel records for all employees (full-time, part-time and
				  contracted); and
(11) maintain
				  confidential records for all volunteers and interns;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter F - CHILD PLACING AGENCIES AND RESIDENTIAL MATERNITY HOMES › Section .0200 - ORGANIZATION AND ADMINISTRATION › Section 70F .0209-.0213

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
Temporary
					 Adoption Eff. February 1, 2002;
Eff. July 18, 2002;
Repealed Eff. October 1, 2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter F - CHILD PLACING AGENCIES AND RESIDENTIAL MATERNITY HOMES › Section .0200 - ORGANIZATION AND ADMINISTRATION › Section 70F .0214 - NORMALCY FOR FOSTER CHILDREN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Child
				  placing agencies and residential maternity homes shall develop and follow
				  policies and procedures to implement the reasonable and prudent parent standard
				  established in
				  G.S.
				  131D-10.2A.
(b) The agency shall demonstrate compliance
				  with policies and procedures that include:
(1) appointment of a designated official to
				  apply the reasonable and prudent parent standard when determining whether to
				  allow a child to participate in extracurricular, enrichment, cultural, and
				  social activities;
(2)
				  documentation of any reasonable and prudent parent standard decision;
(3) training for residential maternity home
				  staff, child placing agency staff, and foster parents in the reasonable and
				  prudent parent standard; and
(4)
				  supervision and support to staff and foster parents in implementing the
				  reasonable and prudent parent standard.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0100 - GENERAL › Section 70G .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
Eff.
					 February 1, 1986;
Amended Eff. July 18, 2002; July 1,
					 1990;
Repealed Eff. October 1,
					 2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0200 - MINIMUM LICENSING STANDARDS › Section 70G .0201-.0205 - PERSONNEL

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-10.5;
					 143B-153; S.L.
					 1999-237;
Eff. February 1, 1986;
Amended Eff. July 1,
					 1990;
Repeal Eff. October 1,
					 2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0200 - MINIMUM LICENSING STANDARDS › Section 70G .0206-.0209

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-10.5;
					 143B-153; S.L.
					 1999-237;
Eff. February 18, 2008;
Amended Eff. July 1,
					 1990;
Repeal Eff. October 1,
					 2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0300 - BEST PRACTICE STANDARDS › Section 70G .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
Eff.
					 September 1, 2007;
Repealed Eff. October 1,
					 2008.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0400 - GENERAL › Section 70G .0401 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Subchapter apply to persons who receive
					 children for the purpose of placement in family foster homes and therapeutic
					 foster homes. Persons licensed or seeking a license to provide family foster
					 care and therapeutic foster care services for children shall comply with
					 10A NCAC
					 70C, 70D, 70E, 70F and 70G. In addition,
					 persons licensed or seeking a license to provide therapeutic foster care
					 services shall comply with
					 10A NCAC
					 27G .0203 and
					 27G .0204. The North Carolina
					 Department of Health and Human Services, Division of Social Services is the
					 licensing authority for child-placing agencies for foster
					 care.
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
Eff.
					 October 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. October 3,
					 2017.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0400 - GENERAL › Section 70G .0402 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions shall apply to the rules in
					 Subchapter 70G:
(1) "Agency" means a
				  child placing agency as defined in
				  G.S.
				  131D-10.2 that is authorized by law to
				  receive children for purposes of placement in foster homes or adoptive
				  homes.
(2) "Family Foster Home" has
				  the meaning as defined in
				  G.S.
				  131D-10.2(8).
(3) "Family Foster Care" means foster care,
				  as defined in
				  G.S.
				  131D-10.2(9), that is
				  provided in a family foster home.
(4) "Guardian" means:
(a) 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;
(b) an individual appointed by the clerk of
				  court in North Carolina to exercise all the powers conferred by
				  G.S.
				  35A-1241, including a standby guardian
				  appointed under Article 21A of Chapter 35A whose authority has actually
				  commenced; and
(c) an individual
				  appointed in another jurisdiction according to the law of that jurisdiction who
				  has the powers consistent with
				  G.S.
				  35A-1241.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0400 - GENERAL › Section 70G .0403 - LICENSURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) License.
(1) Licensure is required in accordance with
				  G.S.
				  131D-10.3 and with rules in Subchapters 70F
				  and 70G of this Chapter.
(2)
				  Licenses shall be in effect for two years unless suspended or revoked. Appeal
				  procedures specified in
				  10A NCAC
				  70L .0301 apply for persons seeking an appeal
				  of the licensing authority's decision to deny, suspend, or revoke a
				  license.
(3) Child-placing agencies
				  for foster care licensed after September 1, 2011 shall have a three year or
				  longer accreditation from either the Council on Accreditation (COA), The Joint
				  Commission, formerly known as the Joint Commission on Accreditation of
				  Healthcare Organizations (TJC), The Commission on Accreditation and
				  Rehabilitation Facilities (CARF) or The Council on Quality and Leadership
				  (CQL).
(4) Applicants shall inform
				  the licensing authority of any current licenses or licenses held in the past
				  five years for child-placing agencies, maternity homes, or residential
				  child-care facilities in other states. Applicants shall provide written
				  documentation from the licensing authority in other states regarding
				  violations, penalties, or probationary status imposed in other
				  states.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0500 - MINIMUM LICENSING STANDARDS › Section 70G .0502 - APPLICATION PROCEDURES AND PRACTICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  policies for acceptance of an applicant for services shall be in writing and
				  shall relate to the stated purpose of the agency.
(b) Acceptance of an applicant for services
				  shall be limited to those for whom the agency is qualified by staff, program
				  and services to provide services.
(c) There shall be an application for
				  services to place a child signed by the parent, guardian, legal custodian, or
				  authorized representative of the legal custodian.
(d) The child shall be accepted for placement
				  by a written placement agreement signed by the parent, guardian, legal
				  custodian or authorized representative of the legal custodian.
Authority
					 G.S.
					 131D-10.5;
					 143B-153;
					 143B-154;
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 G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0500 - MINIMUM LICENSING STANDARDS › Section 70G .0504 - OUT-OF-HOME FAMILY SERVICES AGREEMENT FOR CHILDREN RECEIVING FAMILY FOSTER CARE SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall develop a written out-of-home family services agreement within 30 days of
				  admission of a child in a family foster home. The out-of-home family services
				  agreement shall be developed in cooperation with parents, guardian or legal
				  custodian, and, when possible, the child and foster parents. The out-of-home
				  family services agreement shall be based upon an assessment of the needs of the
				  child, parents or guardian. The out-of-home family services agreement shall
				  include goals stated in specific, realistic, and measurable terms and plans
				  that are action oriented, including responsibilities of staff, parents or
				  guardian, other family members, legal custodian, foster parents, and the child.
				  The agreement shall address the following services to be provided or arranged:
(1) the visitation plan designed to maintain
				  links with the family;
(2) the
				  expectations of the family, agency, placement provider, and community
				  members;
(3) target dates;
				  and
(4) expected
				  outcomes.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0500 - MINIMUM LICENSING STANDARDS › Section 70G .0505 - PERSON-CENTERED PLAN FOR CHILDREN RECEIVING THERAPEUTIC FOSTER CARE SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When therapeutic foster care services are
				  provided, the agency shall complete an assessment for each child prior to the
				  delivery of services that shall include:
(1)
				  the child's presenting problem;
(2)
				  the child's needs and strengths;
(3) the provisional or admitting diagnosis
				  with an established diagnosis determined within 30 days of placement,
(4) a social, family and medical history;
				  and
(5) evaluations or assessments,
				  such as psychiatric, psychological, substance abuse, medical, vocational and
				  educational, as appropriate to the child's needs.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0500 - MINIMUM LICENSING STANDARDS › Section 70G .0506 - CLIENT RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall maintain an individual record for each child receiving foster care
				  services that contains:
(1) an application
				  for services that includes:
(A) demographic
				  information about the child, including name, address, sex, race, birth date,
				  birth place, educational information, medical information, and client record
				  number;
(B) demographic information
				  about the parents or guardian of the child, including names, addresses,
				  telephone numbers, birth dates, races, religion, and marital status;
(C) demographic information about the
				  siblings and other relatives of the child, including names, addresses, and
				  telephone numbers;
(D) the reasons
				  the child was removed from the home of his or her parents;
(E) a record of the child's prior placements
				  with names and addresses of foster parents and other caregivers and dates of
				  care provided by each foster parent or caregiver, and
(F) the services the agency shall provide the
				  child and his or her parents or guardian;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0500 - MINIMUM LICENSING STANDARDS › Section 70G .0507 - CLIENT RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall develop and implement policies and procedures to protect the individual
				  rights and dignity of children and families who are provided services by the
				  agency.
(b) The agency shall have a
				  client's and family's rights policy that complies with
				  10A NCAC
				  70E .1101(a).
(c) The agency shall have a policy that
				  prohibits direct involvement by a child in soliciting funds for the
				  agency.
(d) The agency shall have a
				  policy that prohibits the child's participation in any activities involving
				  audio or visual recording and research without the voluntary signed,
				  time-limited consent of the parents, guardian or legal custodian, and the child
				  if 12 years of age or older.
(e)
				  Each agency shall ensure that information about AIDS or related conditions is
				  disclosed only in accordance with the communicable disease laws specified in
				  G.S.
				  130A-143.
(f) The agency shall have a policy to comply
				  with the reasonable and prudent parent standard in accordance with
				  G.S.
				  131D-10.2A.
Authority
					 G.S.
					 131D-10.2A;
					 131D-10.5;
					 143B-153;
Eff.
					 October 1, 2008;
Amended Eff. August 1, 2017;
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 G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0500 - MINIMUM LICENSING STANDARDS › Section 70G .0508 - GRIEVANCE PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall provide to each child and parents, guardian or legal custodian, upon
				  placement:
(1) a written description of
				  policies and procedures that the child and parents, guardian or legal custodian
				  follow to register complaints;
(2)
				  information about client's and parents', guardian's or legal custodian's
				  rights;
(3) the process for
				  appealing a decision or action of the agency; and
(4) the process of resolution of a
				  complaint.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0500 - MINIMUM LICENSING STANDARDS › Section 70G .0509 - SEARCHES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall have written policies and procedures regarding foster parents conducting
				  searches of children's rooms and possessions that shall be discussed with the
				  parents, guardian or legal custodian, and child prior to or upon
				  placement.
(b) The search policies
				  and procedures shall include:
(1)
				  circumstances under which searches are conducted;
(2) persons who are allowed to conduct
				  searches;
(3) provision for
				  documenting searches and informing the agency, parents, guardian and legal
				  custodian of searches; and
(4)
				  provision for removing and disposing of items seized as a result of
				  searches.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0500 - MINIMUM LICENSING STANDARDS › Section 70G .0510 - HEALTH SERVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall have written policies and procedures regarding foster parents
				  administering medications to children placed in their home that shall be
				  discussed with each child and the child's parents, guardian, or legal custodian
				  prior to or upon placement.
(b)
				  These policies and procedures shall address medication:
(1) administration;
(2) dispensing, packaging, labeling, storage,
				  and disposal;
(3) review;
(4) education and training;
(5) documentation, including medication
				  orders, Medication Administration Record (MAR), orders and copies of lab tests,
				  and medication administration errors and adverse drug reactions; and
(6) record in a medical administration record
				  (MAR), provided by the supervising agency, all medications administered to each
				  child. The MAR shall include the following: child's name; the name, strength,
				  and quantity of the medications; instructions for administering the
				  medications; the date and time the medication is administered, discontinued, or
				  returned to the supervising agency or the person legally authorized to remove
				  the child from foster care; the name or initials of the person administering or
				  returning the medications; the child's request for changes or clarifications
				  concerning medications; and the child's refusal of any prescribed
				  medications.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter G - CHILD PLACING AGENCIES: FOSTER CARE › Section .0500 - MINIMUM LICENSING STANDARDS › Section 70G .0511 - HOME-SCHOOLING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				  shall have written policies and procedures regarding foster parents providing
				  home-schooling to children placed in their home that shall be discussed with
				  the child and the child's parents, guardian or legal custodian prior to or upon
				  placement.
(b) The home-schooling
				  policies and procedures shall include:
(1) a
				  requirement for the foster parents to meet the provisions of Part 3 of Article
				  39 of Chapter 115C of the General Statutes;
(2) an educational assessment of the child
				  that establishes the need for home-schooling;
(3) expectation of the child's placement to
				  remain stable for the time period of home-schooling; and
(4) parental or guardian consent, if the
				  parents' or guardian's consent can be obtained and consent of the legal
				  custodian.