North Carolina Administrative Code

10A NCAC 70G .0512 PHYSICAL RESTRAINT HOLDS, BEHAVIOR MANAGEMENT AND DISCIPLINE (a) If a foster parent or agency staff member uses a physical restraint hold, the agency staff shall, within 72 hours of an incident involving a physical restraint, review the incident report to ensur…

10A NCAC 70G .0513 CRITICAL INcIdENTS (a) The agency shall have written policies and procedures for reporting critical incidents. (b) The agency shall follow policies and procedures for handling any suspected incidents of abuse or neglect of a child involving staff, subcontractor…

10A NCAC 70H .0113 FEES (a) County departments of social services may charge reasonable fees for the preparation of a preplacement assessment or report to the court in accordance with G.S. 48-3-304(a) and G.S. 48-2-504(a). No fee shall be charged except pursuant to a written fee …

10A NCAC 70H .0114 LICENSURE (a) License. (1) Licensure is required in accordance with G.S. 131D-10.3 and with rules in Subchapters 70F and 70H of this Chapter. (2) Licenses shall be in effect for two years unless suspended or revoked. Appeal procedures specified in 10A NCAC 70L …

SECTION .0200 – SCOPE 10A NCAC 70H .0201 scope (a) Rules in 10A NCAC 70H shall apply to all persons intending to provide adoption services which includes: (1) the provision of casework and other supportive services to biological parents considering adoption; (2) provision of case…

SECTION .0300 - APPLICABILITY 10A NCAC 70H .0301 ORGANIZATION AND ADMINISTRATION Persons licensed or seeking license to provide adoption services shall comply with requirements of 10A NCAC 70F, Chapter 48 of the General Statutes of North Carolina, and G.S. 7B-3800, the Interstate…

10A NCAC 70H .0302 CONFLICT OF INTEREST (a) County departments of social services and private child-placing agencies shall not supervise adoptive placements of members of their board of directors, governance structure, social services board, and county commission. (b) County depa…

SECTION .0400 – MINIMUM LICENSING STANDARDS 10A NCAC 70H .0401 PERSONNEL (a) The executive director is responsible for the general management and administration of the agency in accordance with licensing requirements and policies of the governing body. The executive director shal…

10A NCAC 70H .0402 INTAKE PROCEDURES AND OUT-OF-HOME FAMILY SERVICES AGREEMENT (a) The policies for acceptance of an applicant for adoption services shall be defined in writing and shall relate to the stated purpose of the agency. Acceptance of an applicant for services shall be …

10A NCAC 70H .0403 PLACEMENT SERVICES TO FAMILIES AND CHILDREN (a) Those persons providing as part of their adoption services program unplanned pregnancy services shall: (1) respect the client's choice of alternatives to the unplanned pregnancy; (2) assure the clients of confiden…

10A NCAC 70H .0404 ADOPTIVE HOME APPLICATION The agency shall provide an application form for prospective adoptive parents and shall determine in response to the completed application whether, within the scope of the agency's program, it is appropriate to conduct a preplacement a…

10A NCAC 70H .0405 PREPLACEMENT ASSESSMENT (a) The agency shall complete a preplacement assessment within 90 days after the application for adoption has been approved and the request for the assessment has been received. In a case involving a single adoptive applicant, there shal…

10A NCAC 70H .0406 NOTIFICATION REGARDING PREPLACEMENT ASSESSMENT (a) The agency shall notify the client who was the subject of a preplacement assessment whether the assessment was favorable or unfavorable within 30 days after the agency completes the assessment. (b) The agency s…

10A NCAC 70H .0407 SERVICES TO ADOPTIVE APPLICANTS AND FAMILIES (a) The agency shall provide to adoptive applicants a written statement of the adoption services it provides and of its procedure for selecting a prospective adoptive parent for a child, including the role of the chi…

10A NCAC 70H .0408 LEGAL PROCESS (a) The agency shall instruct the adoptive parents in procedures regarding the legal process for adoption and shall instruct them to file their adoption petition pursuant to G.S. 48-2-302(a) within 30 days of placement of the child for adoption un…

10A NCAC 70H .0409 RECORDS (a) The agency shall keep separate records for each adoptive applicant and family that contain the following: (1) application form; (2) certified copies of marriage certificates, if applicable; (3) certified documentation of marriage termination, if app…

SUBCHAPTER 70I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE SECTION .0100 - GENERAL LICENSING REQUIREMENTS 10A NCAC 70I .0101 LICENSING ACTIONS (a) All rules in 10A NCAC 70I apply to residential child-care facilities. (b) License. (1) The Department of Health and Huma…

10A NCAC 70I .0102 LICENSING PROCESS (a) The license process for a residential child-care facility shall consist of an application phase, an investigatory phase and a decision making phase. (b) Application Phase. An applicant shall apply for a license to operate a residential chi…

SECTION .0200 – MINIMUM LICENSURE STANDARDS 10A NCAC 70I .0201 DEFINITIONS In addition to the definitions found in G.S. 131D–10.2, the following definitions apply to the rules in Subchapters 70I and 70J of this Chapter. (1) "Child-caring institution" means a private residential c…

10A NCAC 70I .0202 RESPONSIBILITY TO licensing authority (a) A residential child-care facility shall biennially submit to the licensing authority the information and materials required by rules in Subchapters 70I and 70J of this Chapter to document compliance and to support issua…

10A NCAC 70I .0203 SUBSTANTIATIONS OF NEGLECT AGAINST THE FACILITY (a) When there is a substantiation of neglect against a residential child-care facility by a county department of social services, a corrective action plan shall be submitted by the executive director or his/her d…

10A NCAC 70I .0204 LICENSURE PROCEDURES (a) Private Residential Child-Care Facility Licensure Procedures: (1) A private residential child-care facility shall submit the following materials to the licensing authority during the application phase: (A) Articles of Incorporation; (B)…

SECTION .0300 - ORGANIZATION AND ADMINISTRATION 10A NCAC 70I .0301 GOVERNANCE (a) A private residential child-care facility shall operate under articles of incorporation that are filed with the Department of the Secretary of State (www.secretary.state.nc.ushttp://www.secretary.st…

10A NCAC 70I .0302 RESPONSIBILITIES OF THE GOVERNING BODY The governing body shall: (1) adopt administrative, personnel, and program policies and review them at least every two years; (2) review and approve a budget prior to the beginning of the fiscal year; (3) establish and rev…

10A NCAC 70I .0303 FINANCES AND INSURANCE (a) Fiscal Management: The executive director shall: (1) implement sound financial practices in order to prepare and review the budget, and to be accountable to the community; and (2) report to the governing body at least quarterly or mor…

10A NCAC 70I .0304 INTERNAL OPERATING PROCEDURES History Note: Authority G.S. 131D-10.5; 143B-153; Eff. July 1, 1999 (See S.L. 1999, c.237, s. 11.30); Repealed Eff. October 1, 2008.

10A NCAC 70I .0305 RECORDKEEPING AND REPORTING (a) A residential child-care facility shall develop and enforce a policy on confidentiality that shall: (1) identify the individuals with access to or control over confidential information; (2) specify that persons who have access to…

10A NCAC 70I .0306 CLIENT RIGHTS (a) A residential child-care facility shall develop and implement policies and procedures to protect the individual rights and dignity of children and families. (b) A residential child-care facility shall have a client's and family's rights policy…

10A NCAC 70I .0307 GRIEVANCE PROCEDURES (a) A residential child-care facility shall provide to each child and parents, guardian or legal custodian upon admission: (1) a written description of policies and procedures which the child, parents, guardian or legal custodian follow to …

10A NCAC 70I .0308 NORMALCY FOR FOSTER CHILDREN (a) A residential child-care facility 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…

SECTION .0400 – PERSONNEL 10A NCAC 70I .0401 PERSONNEL POLICIES A residential child-care facility shall have written personnel policies and procedures which shall be provided to all employees (full-time, part-time and contracted). Revisions of all personnel policies shall be in w…

10A NCAC 70I .0402 PERSONNEL DEPLOYMENT (a) A residential child-care facility shall ensure that the deployment of personnel supports the stated mission of the facility. (b) There shall be a written job description for each position, which includes duties, responsibilities, qualif…

10A NCAC 70I .0403 PERSONNEL FILE A residential child-care facility shall maintain a personnel file for each employee (full-time, part-time and contracted) which includes the following: (1) application for employment including the record of previous employment; (2) documentation …

10A NCAC 70I .0404 PERSONNEL QUALIFICATIONS (a) Applicants, employees, volunteers or interns who have a history of criminal convictions that would adversely affect their capacity and ability to provide care, safety and security for the children in residence shall not be employed …

10A NCAC 70I .0405 PERSONNEL POSITIONS (a) Executive Director. There shall be a full-time executive director for an agency with one or more facilities licensed for 20 or more children. At a minimum, there shall be a part-time executive director for an agency with one or more faci…

10A NCAC 70I .0406 AUXILIARY SERVICES PERSONNEL (a) The residential child care facility shall have available auxiliary services provided by contract to supplement the program of care. These service providers may include, but are not limited to, consultants, contracted services fo…

10A NCAC 70I .0407 VOLUNTEERS A residential child-care facility shall have a written description of the specific responsibilities and the provision of supervision of all volunteers. Volunteers shall: (1) meet the personnel qualifications specified in 10A NCAC 70I .0404; (2) meet …

SECTION .0500 - SERVICE PLANNING 10A NCAC 70I .0501 ADMISSION POLICIES (a) A residential child-care facility shall have written admission policies which define and describe the age, sex and type of child to be served. (b) The residential child-care facility shall limit admissions…

10A NCAC 70I .0502 ADMISSION PROCEDURES (a) A residential child-care facility shall establish and implement an intake process which includes: (1) receipt of an application and a face-to-face interview with the child, parents, guardian or legal custodian, and family whenever possi…

10A NCAC 70I .0503 ADMISSION AGREEMENT (a) At admission, a residential child-care facility shall develop a written agreement between the parents, guardian, or legal custodian, if applicable, and the facility that specifies the services to be provided by the facility and the respo…

10A NCAC 70I .0504 ORIENTATION (a) A residential child-care facility shall provide information and discuss the program policies governing residential care and services for children with the child's parents, guardian, or legal custodian and the child at or before admission. These …

10A NCAC 70I .0505 DISCHARGE POLICIES AND PROCEDURES (a) A residential child-care facility shall have written discharge policies that will establish the guidelines for terminating the facility's residential care and services to the child and family to include the following: (1) o…

10A NCAC 70I .0506 CLIENT RECORDS (a) A residential child-care facility shall maintain a client record for each child that contains the following: (1) documentation of placement authority by parents, guardian, or legal custodian; (2) written placement consent and agreement; (3) i…

SECTION .0600 - SERVICE DELIVERY 10A NCAC 70I .0601 PROGRAM POLICIES AND PRACTICES (a) A residential child-care facility shall have a written program description. (b) The residential child care facility shall provide any child placed in the facility with supervision that is appro…

10A NCAC 70I .0602 FAMILY INVOLVEMENT (a) A residential child-care facility shall have written policies and procedures regarding family involvement which support and encourage families to participate in planning, communication and family time. (b) The facility shall afford parent…

10A NCAC 70I .0603 VISITING RESOURCES History Note: Authority G.S. 131D-10.5; 143B-153; Eff. July 1, 1999 (See S.L. 1999, c.237, s. 11.30); Repealed Eff. October 1, 2008.

10A NCAC 70I .0604 HEALTH SERVICES (a) The residential child-care facility shall ensure that each child shall have a current medical examination. Medical examinations completed by a licensed medical provider (physician, physician's assistant or nurse practitioner, in this Rule, "…

10A NCAC 70I .0605 ROUTINE ASPECTS OF HEALTH, PERSONAL HYGIENE, AND SAFETY (a) Staff shall receive training in and apply general infection control measures and procedures which include Universal Precautions specified by the Centers on Disease Control, U.S. Department of Health an…

10A NCAC 70I .0606 NUTRITION (a) Meals served shall meet nutritional requirements as advised by the National Research Council which are hereby incorporated by reference including subsequent amendments and editions. Copies of the Recommended Daily Dietary Allowances may be obtaine…

10A NCAC 70I .0607 HEALTH EDUCATION The residential child care facility shall develop and implement a plan for the provision of health education to include but not be limited to health, human sexuality, substance abuse, smoking, and prevention of sexually transmitted diseases. Th…