reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0200 - SAFEGUARDING CLIENT INFORMATION › Section 69 .0203 - SECURITY OF RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The agency
				shall provide a secure place for the storage of client records. Only
				individuals who must access client information in order to carry out duties
				assigned or approved by the agency shall be authorized access to the storage
				area. For the purpose of this Chapter, secure means fixed, fastened or
				locked.
(b) Only authorized
				individuals may remove a record from the storage area and the authorizing
				individual shall be responsible for the security of the record until it is
				returned to the storage area.
(c)
				The agency shall establish procedures to prevent accidental disclosure of
				client information from automated data processing systems.
(d) The director or his or her designee shall
				assure that all authorized individuals are informed of the confidential nature
				of client information and shall disseminate written policy and provide training
				for all persons with access to client information.
Authority
				  G.S.
				  108A-80;
				  143B-153;
				  45 CFR
				  205.60;
Eff. October 1,
				  1981;
Amended Eff. March 1, 1990;
Readopted Eff.
				  September 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0200 - SAFEGUARDING CLIENT INFORMATION › Section 69 .0204 - REPEALED - ASSURANCE OF CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Repealed Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0200 - SAFEGUARDING CLIENT INFORMATION › Section 69 .0205 - LIABILITY OF PERSONS WITH ACCESS TO CLIENT INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Individuals employed by the agency and governed by the State Personnel Act are
				subject to suspension, dismissal, or disciplinary action for failure to comply
				with these Rules.
(b) Individuals
				other than employees, including agents of the Department of Health and Human
				Services who have access to client information, shall be liable in the same
				manner as employees.
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Amended Eff. February 1, 1986;
Readopted Eff. September 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0300 - CLIENT ACCESS TO RECORDS › Section 69 .0301 - RIGHT OF ACCESS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Confidentiality
				of information about himself or herself is the right of the client. Upon
				written or verbal request, the client shall be able to review or obtain without
				charge a copy of the information in his or her records with the following
				exceptions:
(1) information that the agency
				is required to keep confidential by state or federal statutes, rules, or
				regulations;
(2) confidential
				information originating from another agency as provided for in Rule .0102 of
				this Chapter; or
(3) information
				that would breach another individual's right to confidentiality under State or
				federal statutes, rules, or regulations as determined by the agency.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0300 - CLIENT ACCESS TO RECORDS › Section 69 .0302 - REPEALED - PROMPT RESPONSE TO REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Repealed Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0300 - CLIENT ACCESS TO RECORDS › Section 69 .0303 - WITHHOLDING INFORMATION FROM THE CLIENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the
				director or a delegated representative determines on the basis of the
				exceptions in Rule .0301 of this Subchapter to withhold information from the
				client record, this reason shall be documented in the client record.
(b) The director or a delegated
				representative must inform the client that information is being withheld, and
				upon which of the exceptions specified in Rule .0301 of this Subchapter the
				decision to withhold the information is based. If confidential information
				originating from another agency is being withheld, the client shall be referred
				to that agency for access to the information.
(c) When a delegated representative
				determines to withhold client information, the decision to withhold shall be
				reviewed by the supervisor of the person making the initial
				determination.
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0300 - CLIENT ACCESS TO RECORDS › Section 69 .0304 - PROCEDURES FOR REVIEW OF RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				director or his or her delegated representative shall be present when the
				client reviews the record. The director or his or her delegated representative
				must document in the client record the review of the record by the
				client.
(b) A client may contest
				the accuracy, completeness, or relevancy of the information in his or her
				record. If the Division or county department of social services determines
				correction is required by federal statute or regulation to support receipt of
				State or federal participation, the correction of the contested information
				shall be accomplished by inserting it in the record when the director or his or
				her designee concurs that such correction is justified. When the director or
				his or her designee does not concur, the client shall be allowed to enter a
				statement in the record. Deletion of the contested information is not
				permitted. If a designee decides not to correct contested information, the
				decision not to correct shall be reviewed by the supervisor of the person
				making the initial decision. All corrections and statements shall be made a
				permanent part of the record and shall be disclosed to any recipient of the
				disputed information.
(c) Upon
				written request from the client, his or her personal representative, including
				an attorney, may have access to review or obtain without charge, a copy of the
				information in his or her record. The client may permit the personal
				representative to have access to his or her entire record or may restrict
				access to certain portions of the record.
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. September 6, 2016;
Amended Eff.
				  September 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0300 - CLIENT ACCESS TO RECORDS › Section 69 .0305-.0306

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Repealed Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0400 - RELEASE OF CLIENT INFORMATION › Section 69 .0401 - PROCEDURE FOR OBTAINING CONSENT FOR RELEASE OF INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As a part of the application process for
				public assistance or services, the client shall be informed of the need for and
				give consent to the release of information necessary to verify statements to
				establish eligibility.
(b) As a
				part of the application process for Work First Family Assistance, or State or
				County Special Assistance for Adults, the client shall be informed of the
				requirement for listing of the public assistance recipient's name, address, and
				amount of the monthly grant in a public record open to public inspection during
				the regular office hours of the county auditor.
(c) No individual shall release any client
				information that is owned by the State Division of Social Services or the
				county departments of social services, or request the release of information
				regarding the client from other agencies or individuals, without obtaining a
				signed consent for release of information. The procedure for disclosure without
				obtaining consent shall be in accordance with Section .0500 of this
				Subchapter.
(d) The consent for
				release of information shall be on a form provided by the agency or shall
				contain the following:
(1) The name of the
				provider and the recipient of the information;
(2) The extent of information to be
				released;
(3) The name and dated
				signature of the client;
(4) A
				statement that the consent is subject to revocation at any time except to the
				extent that action has been taken in reliance on the consent; and
(5) The length of time the consent is
				valid.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0400 - RELEASE OF CLIENT INFORMATION › Section 69 .0402-.0406

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Repealed Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0500 - DISCLOSURE OF CLIENT INFORMATION WITHOUT CLIENT CONSENT › Section 69 .0501 - DISCLOSURE WITHIN THE AGENCY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Client
				information from the public assistance record may be disclosed without the
				consent of the client under the following circumstances:
(1) to other employees of the county
				department of social services for purposes of making referrals, supervision,
				consultation or determination of eligibility;
(2) to other county departments of social
				services when the client moves to that county and requests public assistance;
				or
(3) between the county
				departments of social services and the State Division of Social Services for
				purposes of supervision and reporting.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0500 - DISCLOSURE OF CLIENT INFORMATION WITHOUT CLIENT CONSENT › Section 69 .0502 - DISCLOSURE FOR THE PURPOSE OF RESEARCH

Current through Register Vol. 39, No. 2, July 15, 2024
Client information may be disclosed without client consent to
				  individuals approved by the Department of Health and Human Services to conduct
				  studies of client records. The request to conduct a study shall be in writing
				  and be approved based upon:
(1) an
				explanation of how the findings of the study may expand knowledge and improve
				professional practices;
(2) a
				description of how the study will be conducted and how the findings will be
				used;
(3) a description of the
				individual's credentials in the area of research;
(4) a description of how the individual will
				safeguard information; and
(5) a
				written assurance that no report will contain the names of individuals or any
				other information that makes individuals identifiable.
Authority
				  G.S.
				  108A-80;
				  143B-153;
				  45 CFR
				  205.50;
Eff. October 1,
				  1981;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0500 - DISCLOSURE OF CLIENT INFORMATION WITHOUT CLIENT CONSENT › Section 69 .0503 - DISCLOSURE FOR PURPOSES OF ACCOUNTABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
Client information may be disclosed without the consent of
				  the client to federal, State, or county employees for the purpose of
				  monitoring, auditing, evaluating, or to facilitate the administration of other
				  State and federal programs, provided that the need for the disclosure of
				  confidential information is justifiable for the purpose, as determined by the
				  agency, and that safeguards, as described in
				  45 CFR
				  205.50, which is incorporated by reference
				  with subsequent amendments and editions and available free of charge at
https://www.ecfr.gov/
,are maintained
				  to protect the information from re-disclosure.
Authority
				  G.S.
				  108A-80;
				  143B-153;
				  45 CFR
				  205.50;
Eff. October 1,
				  1981;
Amended Eff. March 1, 1990;
Readopted Eff.
				  September 1, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0500 - DISCLOSURE OF CLIENT INFORMATION WITHOUT CLIENT CONSENT › Section 69 .0504 - DISCLOSURE PURSUANT TO OTHER LAWS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Client
				information may be disclosed without the consent of the client for purposes of
				complying with the rules of this Section, court orders, and any applicable
				State and federal regulations.
(b)
				When information is released without the client's consent, the client shall be
				informed of the disclosure in writing to explain what information was released,
				how it was released, and how to contact the privacy official. The writing
				informing the client of the disclosure shall be documented in the
				record.
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0500 - DISCLOSURE OF CLIENT INFORMATION WITHOUT CLIENT CONSENT › Section 69 .0505-.0508

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
Repealed Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0600 - SERVICE PROVIDERS › Section 69 .0601 - INFORMATION NEEDS OF SERVICE PROVIDERS

Current through Register Vol. 39, No. 2, July 15, 2024
Agencies may disclose client information to service providers
				  only to the extent necessary to determine the service requirements, and to
				  provide eligibility information for reporting purposes.
Authority
				  G.S.
				  108A-80;
				  143B-153;
				  45 CFR
				  205.60;
Eff. October 1,
				  1981;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0600 - SERVICE PROVIDERS › Section 69 .0602 - CONTRACT RESTRICTION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
RRC objection August 15, 2019 and rule returned to
				  the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0600 - SERVICE PROVIDERS › Section 69 .0603 - ASSURANCE OF CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				State Division of Social Services shall provide written notification to county
				departments of social services, private agencies, and individual service
				providers of the confidential nature of client information as set forth in the
				Rules of this Chapter and the applicable State and federal laws.
(b) The county departments of social services
				shall provide written notification to private agencies and individual service
				providers of the confidential nature of client information as set forth in the
				rules of this Chapter and the applicable State and federal laws, when written
				notification has not been provided by the State Division of Social
				Services.
Authority
				  G.S.
				  108A-80;
				  143B-153;
				  42 CFR
				  205.50;
				  42 CFR 205.60;
Eff.
				  October 1, 1981;
Readopted Eff. September 1,
				  2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0600 - SERVICE PROVIDERS › Section 69 .0604 - OWNERSHIP OF RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
RRC objection August 15, 2019 and rule returned to
				  the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 69 - CONFIDENTIALITY AND ACCESS TO CLIENT RECORDS › Section .0600 - SERVICE PROVIDERS › Section 69 .0605 - LIABILITY OF SERVICE PROVIDERS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  108A-80;
				  143B-153;
Eff.
				  October 1, 1981;
RRC objection August 15, 2019 and rule returned to
				  the agency on September 19, 2019.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0100 - GENERAL › Section 70A .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Rules in this Subchapter govern the provision of protective
					 services for children with funds administered by the Division of Social
					 Services. Included are requirements for the management of the central registry
					 of neglect, abuse, and dependency cases, and requirements which must be met by
					 county departments of social services in carrying out their responsibilities
					 for the protection of children under Chapter 7B of the General
					 Statutes.
Authority
					 G.S.
					 7B-311;
					 108A-74;
					 143B-153;
Eff.
					 February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. May 1, 2006; September 1, 1994; February 1, 1986; January 1,
					 1983;
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 A - PROTECTIVE SERVICES › Section .0100 - GENERAL › Section 70A .0103 - REPORTS OF NEGLECT, ABUSE OR DEPENDENCY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Reports
				  of neglect, abuse, or dependency shall be referred to another county department
				  of social services for investigation when the alleged perpetrator is:
(1) an employee of the county department of
				  social services;
(2) a foster
				  parent supervised by that county department of social services;
(3) a member of the Board of Social Services
				  for that county, a member of the Board of County Commissioners, the County
				  manager, or a member of the governance structure for the county department of
				  social services;
(4) a caretaker in
				  a sole-source contract group home;
(5) a child's parent/caretaker is an
				  incompetent adult and a ward of that county department of social services;
				  or
(6) a minor in foster care who
				  is also a parent/caretaker.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0100 - GENERAL › Section 70A .0104 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Definitions
				  relating to child abuse, neglect and dependency are found in
				  G.S.
				  7B-101.
(b) Unless otherwise noted, the following
				  definitions have the following meaning:
(1)
				  "Authorized persons" means persons authorized to receive data from the
				  Responsible Individuals List. Individuals authorized to receive information
				  from the Responsible Individuals List are:
(A)
				  individuals whose job functions include administration of the Responsible
				  Individuals List and provision of information from the List to other authorized
				  persons, as identified by the Director of the North Carolina Division of Social
				  Services;
(B) individuals as
				  identified by the Directors of county Departments of Social Services;
(C) individuals as identified by the Director
				  of the Division of Child Development for child caring institutions;
(D) any Executive Director or program
				  administrator of a child placing agency licensed by the State of North Carolina
				  or another state or that state's agency;
(E) individuals as identified by the Director
				  of the Division of Health Service Regulation for group home
				  facilities;
(F) any Executive
				  Director or program administrator of other providers of foster care, child care
				  and adoption services determined by the Department of Health and Human
				  Services;
(G) the Administrator for
				  the State Guardian Ad Litem program; and
(H) any Executive Director or program
				  administrator of other private or non-profit agencies that care for
				  children.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0100 - GENERAL › Section 70A .0105 - RECEIVING INFORMATION: INITIATING PROMPT INVESTIGATIONS OF REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The county director shall receive and
				  initiate an investigation on all reports of suspected child abuse, neglect, or
				  dependency, including anonymous reports:
(b) The county director shall to the extent
				  possible obtain the following information from the person making the report:
(1) The name, address, and actual or
				  approximate age of the juvenile(s);
(2) The names and ages of other juveniles
				  residing in the home;
(3) The name
				  and address of the juvenile's parent, guardian, or caretaker;
(4) The name and address of the alleged
				  perpetrator;
(5) The present
				  whereabouts of the juvenile(s) if not at the home address;
(6) The nature and extent of any injury or
				  condition resulting from abuse, neglect, or dependency;
(7) Other information that the reporter has
				  which might be helpful in establishing the need for protective services,
				  including the names, addresses, and telephone numbers of other individuals who
				  may have information about the condition of the juvenile(s); and
(8) The name, address, and telephone number
				  of the person making the report.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0100 - GENERAL › Section 70A .0106 - CONDUCTING AN INVESTIGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  county director shall make an investigation to assess:
(1) whether the specific environment in which
				  the child or children is found meets the child's or children's need for care
				  and protection; and
(2) facts
				  regarding the existence of abuse, neglect, or dependency; and
(3) the nature and extent of any injury or
				  condition resulting from abuse, neglect, or dependency; and
(4) the risk of harm to and need for
				  protection of the child or children.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0100 - GENERAL › Section 70A .0107 - WHEN ABUSE, NEGLECT OR DEPENDENCY IS FOUND

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When an
				  investigation reveals the presence of abuse, neglect, or dependency, the social
				  worker who conducted the assessment shall make every effort to provide personal
				  written notice to the following persons or agencies:
(1) any responsible individual who was
				  alleged to have abused or seriously neglected the child or children;
(2) any parent or other individual with whom
				  the child or children resided at the time the county director initiated the
				  investigation; and
(3) any agency
				  with whom the court has vested legal custody.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0100 - GENERAL › Section 70A .0108 - WHEN ABUSE, NEGLECT OR DEPENDENCY IS NOT FOUND

Current through Register Vol. 39, No. 2, July 15, 2024
When a thorough investigation does not reveal abuse,
					 neglect or dependency, the county director shall:
(1) notify the following persons or agencies
				  of the case finding:
(a) any parent or
				  caretaker who was alleged to have abused or neglected the child or
				  children;
(b) any parent or other
				  individual with whom the child or children resided at the time the county
				  director initiated the investigation; and
(c) any agency with whom the court has vested
				  legal custody;
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0100 - GENERAL › Section 70A .0109 - NOTIFICATION OF REPORTER; REVIEW BY THE PROSECUTOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Within
				  five working days after receipt of the report of abuse, neglect, or dependency,
				  the director shall give written notice to the person making the report, unless
				  specifically requested not to do so, as to whether the report was accepted for
				  investigation and whether the report was referred to the appropriate State or
				  local law enforcement agency. Within five working days after completion of the
				  protective services investigation, the director shall give subsequent written
				  notice to any identified person or persons making the report, unless
				  specifically requested not to do so. This second notice shall contain the
				  following information:
(1) whether or not
				  there is a finding of abuse, neglect, or dependency;
(2) whether the county department of social
				  services is taking action to protect the juvenile, and if so, what action it is
				  taking;
(3) whether or not the
				  agency has filed a petition; and
(4) notification of the reporter's right to
				  request a review by the prosecutor if the reporter is not satisfied with the
				  director's decision not to file a petition. The reporter shall be informed that
				  the request must be made within five working days of the notice and must
				  include the prosecutor's address.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0100 - GENERAL › Section 70A .0110 - ASSUMING TEMPORARY CUSTODY OF A CHILD

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A county
				  department of social services worker may take a child into temporary custody
				  without a court order and provide personal care and supervision for up to 12
				  hours, provided:
(1) the county director
				  concludes that there are reasonable grounds for believing the child is abused,
				  neglected, or dependent and that he would be injured or could not be taken into
				  custody if it were first necessary to obtain a court order. The county director
				  shall document in the protective services case record as soon as possible the
				  following:
(A) the grounds upon which the
				  decision was made to take temporary custody without a court order;
				  and
(B) information specific to
				  successful or unsuccessful attempts to notify the child's parents, guardian or
				  custodian that the child has been taken into temporary custody and that the
				  parent, guardian or custodian has a right to be present with the child pending
				  a determination of the need for non-secure custody.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0100 - GENERAL › Section 70A .0111 - REVIEW OF COURT ORDERED PLACEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				  cases where the court removes custody of a child from a parent or caregiver
				  because of dependency, neglect or abuse and places the child in the custody of
				  the Department of Social Services, the county director shall not return the
				  child to his parents or caregivers without the judge finding sufficient facts
				  to show that the child will receive proper care and supervision.
(b) In any case where custody is removed from
				  a parent, guardian, custodian, or caretaker the court shall conduct a review
				  hearing within 90 days from the date of the dispositional hearing and shall
				  conduct a review hearing within six months thereafter.
(c) The county director of social services
				  shall make a timely request to the clerk to calendar each review at a session
				  of court scheduled for the hearing of juvenile matters. The clerk shall give 15
				  days' notice of the review and its purpose to the parent, the juvenile, if 12
				  years of age or more, the guardian, any foster parent, relative, or preadoptive
				  parent providing care for the child, the custodian or agency with custody, the
				  guardian ad litem, and any other person or agency the court may specify,
				  indicating the court's impending review.
(d) The county director shall submit a
				  written report to the judge that shall include but not be limited to:
(1) The services plan developed with the
				  family to preserve the child's own home or to reunite the parents and
				  children;
(2) The specific changes
				  on the part of the parents and children;
(3) Whether the child can remain at home or
				  be returned home, and the plan to be used when the child returns
				  home;
(4) If the child cannot
				  return home, the plan to be used to establish the permanent living arrangement
				  for the child, including projected time frames and any considerations of
				  termination of parental rights;
(5)
				  Goals and objectives for the child's continuation in foster care if indicated
				  and the role of foster parents in planning for the child;
(6) A summary of the child's specific
				  experiences in placement, both positive and negative, including the different
				  placements the child has had since the last court hearing; and
(7) Any other information the court deems
				  necessary.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0100 - GENERAL › Section 70A .0113 - CONFIDENTIALITY OF COUNTY DSS PROTECTIVE SERVICES RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The county director shall not allow
				  anyone outside of the county department of social services other than state and
				  federal agency personnel carrying out their lawful responsibilities for program
				  audit and review to examine a protective services case record as described in
				  Rule .0112 of this Subchapter unless:
(1) the
				  judge orders the county director to allow examination; or
(2) the child or the child's attorney
				  requests to examine his own record.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0100 - GENERAL › Section 70A .0114 - EXPIRED - EXPUNCTION PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 7B-311(d);
					 143B-153;
Eff. May
					 1, 2006;
Expired Eff. November 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0200 - COMMUNITY CHILD PROTECTION TEAMS › Section 70A .0201 - NATURE AND PURPOSE OF TEAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Community
				  Child Protection Teams shall be established in every county in the state. Team
				  membership shall consist of representatives of public and nonpublic agencies in
				  the community that provide services to children and their families and other
				  individuals who represent the community. These community representatives shall
				  meet together on a regular basis:
(1) to
				  identify gaps and deficiencies in community resources which have impact on the
				  incidence of abuse, neglect, or dependency;
(2) to advocate for system improvements and
				  needed resources where gaps and deficiencies exist in the child protection
				  system;
(3) to promote
				  collaboration between agencies in the creation or improvement of resources for
				  children as a result of their review of selected cases; and
(4) to inform the county commissioners about
				  actions needed to prevent or ameliorate child abuse, neglect, or
				  dependency.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0200 - COMMUNITY CHILD PROTECTION TEAMS › Section 70A .0202 - RESPONSIBILITY FOR TRAINING OF TEAM MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division of Social Services shall develop and make available for the team
				  members on an ongoing basis, training materials to include:
(1) The role and function of the Community
				  Child Protection Team;
(2)
				  Confidentiality requirements;
(3)
				  An overview of child protective services law and policy; and
(4) Team record-keeping.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter A - PROTECTIVE SERVICES › Section .0200 - COMMUNITY CHILD PROTECTION TEAMS › Section 70A .0203 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any member of a
				  Community Child Protection Team may share, during an official meeting of that
				  team, any information available to that member that the team needs to carry out
				  its responsibilities. The county director, however, shall not share any
				  information that discloses the identity of individuals who have reported
				  suspected abuse, neglect, or dependency to the county department of social
				  services.
(b) Each member of a
				  Community Child Protection Team and invited participant shall sign a statement
				  indicating their understanding of and adherence to confidentiality
				  requirements. Such statement shall include the possible civil or criminal
				  consequences of any breach of confidentiality as well as the applicability of
				  these Rules to any personal files created or maintained by any team member or
				  invited participant.
(c) A team
				  member or invited participant who fails to comply with the confidentiality
				  requirements of this Section shall be subject to dismissal from the team or to
				  the denial of future participation in team reviews respectively.
(d) Information generated by an executive
				  session of a Community Child Protection Team shall be accessible for
				  administrative purposes to the following:
(1)
				  the State Team and the Task Force during its existence as necessary to carry
				  out their purposes;
(2) staff of
				  the Division of Social Services and staff of the Office of the Secretary of the
				  Department of Human Resources who require access in the course of performing
				  duties pertinent to the supervision and evaluation of the Child Protective
				  Services Program;
(3) the local
				  board of county commissioners when the Community Child Protection Team makes
				  its annual recommendations, if any, for system improvements and needed
				  resources where gaps and deficiencies exist in the delivery of services to
				  children and their families. Such report shall be general in nature not
				  revealing confidential information about children and families; and
(4) the local board of social services when
				  receiving a report by the director of the county department of social services
				  on the activities of the Community Child Protection Team.
This does not preclude any agency representative from
					 sharing with his agency, on a need to know basis, information acquired at a
					 Community Child Protection Team meeting regarding a current client or referred
					 case.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter B - FOSTER CARE SERVICES › Section .0100 - FOSTER CARE SERVICES-GENERAL › Section 70B .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The Children's Services Branch develops and carries out
					 either directly or through local agencies a program of foster care services
					 designed to preserve, rehabilitate, unite, reunite, and strengthen families;
					 and to provide substitute care for children who must be temporarily or
					 permanently separated from their natural families.
Authority
					 G.S.
					 108A-24;
					 108A-48;
					 108A-49;
					 143B-153;
Eff.
					 February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. July 1, 1982; July 23, 1979;
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 B - FOSTER CARE SERVICES › Section .0100 - FOSTER CARE SERVICES-GENERAL › Section 70B .0103 - FOSTER CARE ASSISTANCE PAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Foster
				  care assistance payments include food, and shelter, clothing, personal
				  incidentals, and ordinary and necessary school and transportation
				  expenses.
(b) County departments of
				  social services may request reimbursement for providing foster care assistance
				  payments to eligible children.
Authority
					 G.S.
					 108A-24;
					 108A-48;
					 108A-49;
					 143B-153;
Eff. July
					 1, 1982;
Amended Eff. April 1, 2003; June 1, 1990;
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 B - FOSTER CARE SERVICES › Section .0100 - FOSTER CARE SERVICES-GENERAL › Section 70B .0104 - RELATIONSHIP TO CHILD SUPPORT ENFORCEMENT PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The county director of social services must refer recipients of foster care
				  assistance payment to the child support enforcement program except when the
				  county director of social services determines that a referral is not
				  appropriate because one or more of the following circumstances exists:
(1) The establishment of paternity or the
				  securing of support is reasonably anticipated to result in:
(A) physical harm to the child;
(B) emotional harm to the child;
(C) physical harm to the foster parent or
				  other caretaker with whom the child is living; or
(D) emotional harm to the foster parent or
				  other caretaker with whom the child is living.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter B - FOSTER CARE SERVICES › Section .0100 - FOSTER CARE SERVICES-GENERAL › Section 70B .0105 - GOALS AND STRATEGIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The goal for
				  each fiscal year commencing with the fiscal year which begins on October 1,
				  2011 is that of all the children in foster care receiving Title IV-E Foster
				  Care Assistance the number of children who remain in foster care in excess of
				  24 months will decrease by 1.5 percent.
(b) The following steps shall be taken to
				  achieve the goal stated in (a) of this Rule. The Department of Health and Human
				  Services shall:
(1) provide a preplacement
				  preventive services program designed to help children remain with their
				  families;
(2) provide a post
				  placement reunification services program designed to reunite children with
				  their families in a timely fashion;
(3) maintain a statewide information
				  system;
(4) insure that there is an
				  individual case plan for each child in foster care;
(5) insure that the status of each child is
				  reviewed no less frequently than once every six months;
(6) institute procedural safeguards to assure
				  each child of a dispositional hearing in accordance with statutory
				  requirements; and
(7) institute
				  procedural safeguards with respect to parental rights to be informed of changes
				  in the child's placement and to visit the child.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter B - FOSTER CARE SERVICES › Section .0200 - RESOURCE ITEMS TO SUPPORT SCHOOL PARTICIPATION › Section 70B .0201-.0202 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 108A-25;
					 108A-48;
					 143B-153;
Eff. July
					 23, 1979;
Amended Eff. June 1, 1990;
Expired Eff.
					 November 1, 2017 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 70 - CHILDREN'S SERVICES › Subchapter B - FOSTER CARE SERVICES › Section .0300 - RISK ASSESSMENT › Section 70B .0301 - WHEN TO COMPLETE A RISK ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For
				  foster care services cases, the county director shall complete a structured
				  risk re-assessment and reunification assessment for all cases in which family
				  reunification is being considered as the permanent plan. If the court has
				  relieved the agency of reunification efforts, completion of a structured risk
				  re-assessment and reunification assessment is no longer required. The findings
				  of the risk re-assessment and reunification assessment shall be used in
				  developing a Family Services Case Plan with the family.
(b) For those cases in which children enter
				  foster care and reunification is the permanent plan, the structured risk
				  re-assessment and reunification assessment shall support the current case
				  plan.
Authority
					 G.S.
					 7B-907;
					 143B-153;
Eff.
					 August 2, 1994;
Amended Eff. April 1, 2003;
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 C - INTERSTATE LAWS › Section .0100 - INTERSTATE LAWS › Section 70C .0101 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Any sending agency who intends to place a child into or out
					 of North Carolina shall submit a request to the Division of Social Services.
					 The Division has the authority to request supporting or additional information
					 necessary to carry out the purpose and policy of the compact and to require
					 assurance that the placement meets all applicable North Carolina child
					 placement statutes.
Authority
					 G.S.
					 110-50;
					 110-52;
					 110-57.1;
					 143B-153;
Eff.
					 February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. June 1, 1990;
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 C - INTERSTATE LAWS › Section .0100 - INTERSTATE LAWS › Section 70C .0102 - REQUEST FOR SERVICES IN OTHER STATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt
				  of a request from a North Carolina agency to send a child to another state, the
				  Children's Services Section shall determine if any of the North Carolina
				  interstate placement laws apply. If the laws do not apply, the request will be
				  forwarded.
(b) If any of the laws
				  do apply, the Children's Services Section shall review the adequacy of
				  information submitted, shall make appropriate suggestions, and shall transmit
				  the request to the appropriate state.
(c) The Children's Services Section shall
				  review the information and disposition on the placement resource submitted by
				  the receiving state and shall forward the information to the appropriate agency
				  in North Carolina. If the placement has been approved, the Children's Services
				  Section must be informed of the plans made for the child. If the placement is
				  denied, the Children's Services Section will notify the sending
				  agency.
(d) The Children's Services
				  Section shall review the progress reports on placement from the receiving
				  state, shall make appropriate suggestions, and shall transmit the report to the
				  sending agency.
(e) Upon receipt of
				  concurrence that agency supervision is no longer required, the sending agency
				  shall send notification for termination to the Children's Services
				  Section.
Authority
					 G.S.
					 110-50;
					 110-52;
					 110-57.1;
					 143B-153;
Eff.
					 February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. June 1, 1990;
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 C - INTERSTATE LAWS › Section .0100 - INTERSTATE LAWS › Section 70C .0103 - REQUEST FOR SERVICE IN NORTH CAROLINA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				  receipt of an out-of-state request to send a child to North Carolina, the
				  Children's Services Section shall determine if any of the North Carolina
				  interstate laws apply. If the laws do not apply, the request will be
				  forwarded.
(b) If any of the laws
				  do apply, the Children's Services Section shall review for adequacy of
				  information submitted, shall make appropriate suggestions, and shall forward
				  the request to the appropriate agency.
(c) The Children's Services Section shall
				  review the evaluation of the placement resource and make a disposition
				  regarding placement. The sending state shall inform the Children's Services
				  Section of plans for the child.
(d)
				  The Children's Services Section shall review progress reports, make appropriate
				  suggestions, and transmit all reports to the sending state.
(e) Upon receipt of recommendation that
				  agency or court supervision is no longer required, the sending state must
				  provide written notification for termination including court order.
Authority
					 G.S.
					 110-50;
					 110-52;
					 110-57.1;
					 143B-153;
Eff.
					 February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. June 1, 1990;
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 D - PAYMENT OF GRANTS-IN-AID TO PRIVATE CHILD-CARING INSTITUTIONS › Section .0100 - PAYMENT OF GRANTS-IN-AID TO PRIVATE CHILD-CARING INSTITUTIONS › Section 70D .0101-.0105 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143B-153(2)(d);
Eff. July 1, 1983;
Amended Eff. July 1, 1992;
Rules
					 Expired on August 17, 2017 for failure to report pursuant to
					 G.S.
					 150B-21.3A(b).