North Carolina Administrative Code

10A NCAC 69 .0504 DISCLOSURE PURSUANT TO OTHER LAWS (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…

SECTION .0600 - SERVICE PROVIDERS 10A NCAC 69 .0601 INFORMATION NEEDS OF SERVICE PROVIDERS 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 purpos…

10A NCAC 69 .0602 CONTRACT RESTRICTION History Note: 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.

10A NCAC 69 .0603 ASSURANCE OF CONFIDENTIALITY (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 i…

10A NCAC 69 .0604 OWNERSHIP OF RECORDS History Note: 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.

10A NCAC 69 .0605 LIABILITY OF SERVICE PROVIDERS History Note: 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.

CHAPTER 70 – CHILDREN'S SERVICES SUBCHAPTER 70A – PROTECTIVE SERVICES SECTION .0100 - general 10A NCAC 70A .0101 PURPOSE Rules in this Subchapter govern the provision of protective services for children with funds administered by the Division of Social Services. Included are requ…

10A NCAC 70A .0102 CONFIDENTIALITY: CENTRAL REGISTRY: RESPONSIBLE INDIVIDUALS LIST: ABUSE AND NEGLECT CASES (a) Information submitted by county departments of social services to the central registry of abuse, neglect and dependency cases is confidential except as otherwise requir…

10A NCAC 70A .0103 REPORTS OF NEGLECT, ABUSE OR DEPENDENCY (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…

10A NCAC 70A .0104 DEFINITIONS (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 Re…

10A NCAC 70A .0105 RECEIVING INFORMATION: INITIATING PROMPT INVESTIGATIONS OF REPORTS (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…

10A NCAC 70A .0106 CONDUCTING An INVESTIGATION (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 exi…

10A NCAC 70A .0107 WHEN ABUSE, NEGLECT OR DEPENDENCY IS FOUND (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 age…

10A NCAC 70A .0108 WHEN ABUSE, NEGLECT OR DEPENDENCY IS NOT FOUND 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 t…

10A NCAC 70A .0109 NOTIFICATION OF REPORTER; REVIEW BY THE PROSECUTOR (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 …

10A NCAC 70A .0110 ASSUMING TEMPORARY CUSTODY OF A CHILD (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 …

10A NCAC 70A .0111 REVIEW OF COURT ORDERED PLACEMENTS (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…

10A NCAC 70A .0112 CASE RECORDS FOR PROTECTIVE SERVICES (a) The county director shall maintain a separate case record or a separate section in a case record on a child for whom protective services are initiated or who is placed in the custody of the county department of social se…

10A NCAC 70A .0113 CONFIDENTIALITY OF COUNTY DSS PROTECTIVE SERVICES RECORDS (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 aud…

10A NCAC 70A .0114 EXPUNCTION PROCESS History Note: Authority G.S. 7B-311(d); 143B-153; Eff. May 1, 2006; Expired Eff. November 1, 2017 pursuant to G.S. 150B-21.3A.

SECTION .0200 - COMMUNITY CHILD PROTECTION TEAMS 10A NCAC 70A .0201 NATURE AND PURPOSE OF TEAM (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 communit…

10A NCAC 70A .0202 RESPONSIBILITY FOR TRAINING OF TEAM MEMBERS (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) Confi…

10A NCAC 70A .0203 CONFIDENTIALITY (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…

SUBCHAPTER 70B - FOSTER CARE SERVICES SECTION .0100 - FOSTER CARE SERVICES - GENERAL 10A NCAC 70B .0101 PURPOSE 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, …

10A NCAC 70B .0102 ELIGIBILITY (a) A county department of social services may determine a child eligible for foster care assistance payments if all the following factors are established: (1) The child has been removed from his or her own home or from the home of a specified relat…

10A NCAC 70B .0103 foster care assistance payments (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…

10A NCAC 70B .0104 RELATIONSHIP TO CHILD SUPPORT ENFORCEMENT PROGRAM (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 re…

10A NCAC 70B .0105 GOALS AND STRATEGIES (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 exc…

section .0300 – risk assessment 10A NCAC 70B .0301 WHEN TO COMPLETE A RISK ASSESSMENT (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 considere…

SUBCHAPTER 70C - INTERSTATE LAWS SECTION .0100 - INTERSTATE LAWS 10A NCAC 70C .0101 SCOPE 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 …

10A NCAC 70C .0102 REQUEST FOR SERVICES IN OTHER STATES (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 ap…

10A NCAC 70C .0103 REQUEST FOR SERVICE IN NORTH CAROLINA (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 b…

10A NCAC 70E .0106 AGENCY FOSTER PARENT AGREEMENT History Note: Authority G.S. 131D-10.5; 143B-153; Eff. July 1, 1983; Amended Eff. July 18, 2002; May 1, 1990; Repealed Eff. September 1, 2007.

10A NCAC 70E .0404 LICENSING COMPLIANCE VISITS History Note: Authority G.S. 131D-10.5; 143B-153; Eff. July 1, 1983; Amended Eff. July 18, 2002; July 1, 1997; May 1, 1990; Repealed Eff. September 1, 2007.

10A NCAC 70E .0405 CRIMINAL HISTORIES History Note: Authority G.S. 131D-10.5; 143B-153; Temporary Adoption Eff. January 1, 1996; Eff. April 1, 1997; Temporary Amendment Eff. October 28. 1997; Amended Eff. April 1, 1999; Temporary Amendment Eff. February 1, 2002; Amended Eff. July…

10A NCAC 70E .0510 REPORTS OF ABUSE AND NEGLECT History Note: Authority G.S. 131D-10.5; 143B-153; Eff. April 1, 1987; Amended Eff. July 18, 2002; Repealed Eff. September 1, 2007.

SECTION .0600 – GENERAL 10A NCAC 70E .0601 SCOPE (a) The North Carolina Department of Health and Human Services, Division of Social Services is the licensing authority for family foster homes and therapeutic foster homes. (b) The rules in this Subchapter apply to the licensing of…

10A NCAC 70E .0602 DEFINITIONS The following definitions shall apply to the rules in Subchapter 70E: (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. (…

SECTION .0700 – LICENSING REGULATIONS AND PROCEDURES 10A NCAC 70E .0701 licensing authority FUNCTION (a) The supervising agency shall submit the licensing application for family foster care and therapeutic foster care to the licensing authority. When the licensing authority recei…

10A NCAC 70E .0702 RESPONSIBILITY (a) Each supervising agency providing foster care services shall assess its applicants and licensees in accordance with 10A NCAC 70E .0802 through .0805. Supervising agencies shall submit to the licensing authority information and reports that ar…

10A NCAC 70E .0703 NEW LICENSES (a) The supervising agency shall submit all licensing materials to the licensing authority dated within 180 days prior to submitting an application for a new license. The supervising agency shall submit medical examinations of the members of the fo…

10A NCAC 70E .0704 RELICENSURE AND RENEWAL (a) Materials for renewing a license are due to the licensing authority prior to the date the license expires. (b) All relicensing materials shall be completed and dated within 180 days prior to the date the supervising agency submits ma…

10A NCAC 70E .0705 CHANGE IN FACTUAL INFORMATION ON THE LICENSE (a) A license may be changed during the time it is in effect if the change is in compliance with licensing standards. (b) The supervising agency shall submit supportive data to the licensing authority for the followi…

10A NCAC 70E .0706 foster home transfer procedures (a) A foster home licensed and in good standing with the licensing authority may transfer from the supervision of a county department of social services or a private child-placing agency to the supervision of another county depar…

10A NCAC 70E .0707 TERMINATION (a) Licenses terminate at the end of the two year license period unless all relicensing materials have been received by the licensing authority prior to the license expiration date. (b) The licensing authority shall terminate a license before the en…

10A NCAC 70E .0708 REVOCATION AND denial (a) The licensing authority may revoke or deny licenses when an agency authorized by law to investigate allegations of abuse or neglect finds the foster parent has abused or neglected a child. (b) The licensing authority may revoke or deny…

10A NCAC 70E .0709 KINDS OF LICENSES (a) Full License. A full license shall be issued for no more than two years when all licensing requirements are met. (b) Provisional License. (1) A provisional license shall be issued for no more than six months while some below standard compo…

10A NCAC 70E .0710 OUT-OF-STATE FACILITIES AND FOSTER HOMES The use of out-of-state residential child-care facilities and foster homes for the placement of children in the custody of a North Carolina county department of social services shall be in accordance with the following: …

SECTION .0800 - MUTUAL HOME ASSESSMENT 10A NCAC 70E .0801 PURPOSE (a) The supervising agency shall conduct a mutual home assessment study of the foster home to determine if the home meets the requirements for licensure and is suitable for family foster care of children needing fa…

10A NCAC 70E .0802 METHOD OF MUTUAL HOME ASSESSMENT (a) The mutual home assessment shall be carried out in a series of planned discussions between the licensing worker of the supervising agency, the prospective foster parent applicants and other members of the household. The fami…