North Carolina Administrative Code

10A NCAC 70K .0210 CRITICAL INCIDENTS AND CRITICAL INCIDENT REPORTS (a) A maternity home shall have written policies and procedures for handling and reporting critical incidents. (b) The maternity home shall have and follow policies and procedures for handling any suspected incid…

SECTION .0300 – PHYSICAL PLANT 10A NCAC 70K .0301 APPLICATION OF PHYSICAL PLANT REQUIREMENTS (a) New construction and existing buildings proposed for use as a residential maternity home shall comply with the requirements of this Section. (b) Except when otherwise specified, exist…

10A NCAC 70K .0302 DESIGN AND CONSTRUCTION (a) Any building licensed for the first time as a residential maternity home shall meet the applicable requirements of the North Carolina State Building Code. All new construction, additions and renovations to existing buildings shall me…

10A NCAC 70K .0303 LOCATION (a) A residential maternity home shall be in a location approved by local zoning boards. (b) The home shall be located so that hazards to the residents are minimized. (c) The site of the home shall: (1) be accessible by streets, roads and highways and …

10A NCAC 70K .0304 LIVING ARRANGEMENT A residential maternity home shall provide living arrangements to meet the individual needs of the residents, the live-in staff and their children or relative children. There shall be a designated room for residents to talk privately with sta…

10A NCAC 70K .0305 LIVING ROOM (a) Residential maternity homes shall have a living room area of a minimum of 200 square feet for a capacity of six or fewer residents and 15 square feet per additional resident. (b) All living rooms shall have operable windows that meet the North C…

10A NCAC 70K .0306 DINING ROOM (a) Residential maternity homes shall have a dining room or area of a minimum of 120 square feet for a capacity of six or fewer residents and 10 square feet per additional resident. The dining room may be used for other activities during the day. (b…

10A NCAC 70K .0307 KITCHEN (a) The kitchen in a residential maternity home shall be large enough to provide for the preparation and preservation of food and the washing of dishes. (b) The kitchen floor shall have a non-slippery, water-resistant covering. (c) The kitchen shall be …

10A NCAC 70K .0308 BEDROOMS (a) There shall be bedrooms sufficient in number and size to meet the individual needs of the maternity home residents (residents include mothers and their children), the live-in staff and their children or relative children residing in the home. Resid…

10A NCAC 70K .0309 BATHROOMS (a) Residential maternity homes shall have one full bathroom for each five or fewer mothers and children, not including infants. Live-in staff shall have a separate bathroom from residents in care. (b) The bathrooms shall be designed to provide privac…

10A NCAC 70K .0310 CORRIDORS (a) Corridors shall be a minimum clear width of three feet. (b) Corridors shall be lighted with night lights providing one foot candle of light at the floor. (c) Corridors shall be free of all equipment and other obstructions. History Note: Authority …

10A NCAC 70K .0311 OUTSIDE ENTRANCES AND EXITS (a) In residential maternity homes, all floor levels shall have at least two exits. If there are only two, the exit or exit access doors shall be so located and constructed to minimize the possibility that both may be blocked by any …

10A NCAC 70K .0312 LAUNDRY ROOM Laundry facilities shall be provided. The laundry equipment shall be located out of the living, dining and bedroom areas. History Note: Authority G.S. 131D-1; 143B-153; Eff. October 1, 2008; Pursuant to G.S. 150B-21.3A, rule is necessary without su…

10A NCAC 70K .0313 FLOORS (a) All floors shall be of smooth, non-skid material and constructed to be easily cleanable. (b) All floors shall be kept in good repair. History Note: Authority G.S. 131D-1; 143B-153; Eff. October 1, 2008; Pursuant to G.S. 150B-21.3A, rule is necessary …

10A NCAC 70K .0314 HOUSEKEEPING AND FURNISHINGS (a) Each residential maternity home shall: (1) have walls, ceilings, and floors or floor coverings kept clean and in good repair; (2) have no chronic unpleasant odors; (3) have furniture clean and in good repair; (4) be maintained i…

10A NCAC 70K .0315 FIRE SAFETY and Disaster Plan (a) Fire extinguishers shall be provided which meet these requirements in a residential maternity home: (1) one five-pound or larger (net charge) "A-B-C" type centrally located; (2) one five-pound or larger "A-B-C" or "CO/2" type l…

10A NCAC 70K .0316 BUILDING SERVICE EQUIPMENT (a) The building and all fire safety, electrical, mechanical and plumbing equipment in a residential maternity home shall be maintained in a safe and operating condition. (b) There shall be a central heating system sufficient to maint…

10A NCAC 70K .0317 OUTSIDE PREMISES (a) The outside grounds of new and existing residential maternity homes shall be maintained in a clean and safe condition. (b) Fences shall be kept in good repair and shall not prevent residents or adult staff from exiting or entering freely or…

10A NCAC 70K .0318 VEHICLES USED FOR TRANSPORTATION OF RESIDENTS (a) Vehicle Requirements for Transporting Residents. (1) Vehicles shall comply with all motor vehicle laws and regulations for the State of North Carolina. (2) Motor vehicles shall be maintained in a safe operating …

subchapter 70L – waiver procedures, denial, suspension, revocation and appeal procedures 10A NCAC 70L .0101 use of volunteers in children's services case History Note: Authority G.S. 7A-657; 7A-675; 108A-80; 143B-153; 143B-154; 143B-155; 143B-156; Eff. October 15, 1980; Amended E…

10A NCAC 70L .0102 WAIVER OF LICENSING RULES The North Carolina Department of Health and Human Services, Division of Social Services is the licensing authority and shall allow a waiver to a licensing rule or rules to persons subject to licensure pursuant to G.S. 131D, Article 1A …

SECTION .0200 – DENIAL: AMENDMENT: SUSPENSION: REVOCATION 10A NCAC 70L .0201 denial, AMENDMENT, suspension and revocation (a) Denial: The North Carolina Department of Health and Human Services, Division of Social Services, is the licensing authority and shall deny a license at an…

SECTION .0300 – APPEAL PROCEDURES 10A NCAC 70L .0301 APPEAL PROCEDURES (a) Within 60 days of the decision to deny, suspend or revoke a license the applicant or license holder may petition for a determination of his/her legal rights, privileges or duties. All petitions must be in …

SUBCHAPTER 70m - ADOPTION STANDARDS SECTION .0100 - GENERAL 10A NCAC 70M .0101 SCOPE Rules in this Subchapter contain adoption standards for county departments of social services, which are the public agencies in North Carolina mandated by law to provide adoption services. Includ…

10A NCAC 70M .0102 DEFINITIONS (a) For the purpose of the rules in this Subchapter, 42 USC 673, 45 CFR 1356.41, and the Multiethnic Placement Act (MEPA) of 1994, P.L. 103-382, as amended by the Interethnic Adoption Provisions of 1996, P.L. 104-188, are applicable to both the Stat…

SECTION .0200 - ORGANIZATION AND ADMINISTRATION 10A NCAC 70M .0201 PUBLIC adoption AGENCIES (a) Except for the provisions relating to an executive director, public adoption agencies shall comply with 10A NCAC 70H .0401 in determining the qualifications and job responsibilities fo…

SECTION .0300 - FUNCTIONS OF a public ADOPTION AGENCY 10A NCAC 70M .0301 GENERAL Public adoption agencies shall perform the following functions: (1) provision of casework and other supportive services to biological parents considering adoption; (2) provision of casework and other…

10A NCAC 70M .0302 SERVICES TO ADOPTIVE APPLICANTS Public adoption agencies shall comply with 10A NCAC 70H .0404, .0405, .0406, .0407, 0408 and .0409 in determining the procedures for the application process, preplacement assessment, notification to adoptive applicants of accepta…

10A NCAC 70M .0304 Multiethnic placement act requirements for adoptive home recruitment (a) Public adoption agencies shall recruit potential adoptive and foster families that reflect the ethnic and racial diversity of children in the State. (b) Public adoption agencies shall not …

section .0400 – standard monthly cash adoption assistance and vendor payments 10A NCAC 70M .0401 standard monthly cash adoption assistance and vendor payments (a) Standard monthly cash assistance payments are monthly payments made based on graduated rates set by the General Assem…

10A NCAC 70M .0402 ELIGIBILITY REQUIREMENTS FOR standard monthly cash assistance payments or VENDOR PAYMENTS (a) Adoption assistance in the form of standard monthly cash assistance payments based on graduated rates set by the General Assembly and vendor payments may be made when …

10A NCAC 70M .0403 PROCEDURES/REIMBURSEMENT OF ADOPTION ASSISTANCE BENEFITS (a) Adoption assistance benefits for which a child is eligible shall become effective the first month following the month in which the Decree of Adoption is issued. (b) Claims from service providers and s…

SECTION .0500 - OUT-OF-STATE ADOPTION FEES 10A NCAC 70M .0501 PURPOSE OF OUT-OF-STATE ADOPTION SERVICE FEES (a) When the requirements in this Rule have been met, with prior approval, the Department may reimburse in part or in full a fee incurred by a public adoption agency for ad…

10A NCAC 70M .0502 GENERAL ELIGIBILITY REQUIREMENTS History Note: Authority G.S. 143B-153; Eff. March 23, 1981; Amended Eff. October 1, 2008; July 1, 1991; June 1, 1990; Repealed Eff. August 1, 2021.

SECTION .0600 – nonrecurring ADOPTION costs 10A NCAC 70M .0601 public adoption agency requirements (a) Public adoption agencies shall: (1) at the time of or prior to the final decree of adoption, enter into an agreement for the reimbursement of nonrecurring adoption expenses with…

10A NCAC 70M .0602 eligible nonrecurring adoption expenses An adoptive parent shall receive reimbursement for nonrecurring adoption expenses not to exceed two thousand dollars ($2,000) when: (1) The child placed with the parent for the purpose of adoption is a child with special …

10A NCAC 70M .0603 REQUIREMENTS History Note: Authority G.S. 108A-49; 108A-50; 143B-153; 42 U.S.C. 673; Eff. July 1, 1991; Amended Eff. March 1, 2017; Repealed Eff. August 1, 2021.

10A NCAC 70M .0604 PROHIBITION ON REIMBURSEMENT CAPS The Department and any public adoption agencies shall not establish a maximum allowable reimbursement amount for any single eligible nonrecurring adoption expense, but the total reimbursement for nonrecurring adoption expenses …

SECTION .0700 – SPECIAL NEED ADOPTION INCENTIVE FUND 10A NCAC 70M .0701 ELIGIBILITY REQUIREMENTS FOR THE SPECIAL NEED ADOPTION INCENTIVE FUND AND EFFECTIVE DATE Within the limits of available funding, the Department may approve and provide assistance in the form of standard month…

10A NCAC 70M .0702 PAYMENTS FROM THE SPECIAL NEED ADOPTION INCENTIVE FUND (a) Payments from the Special Need Adoption Incentive Fund will be made by the State Division of Social Services to the adoptive parent(s). (b) Participating county departments of social services shall subm…

SUBCHAPTER 70P – GUARDIANSHIP ASSISTANCE PROGRAM SECTION .0100 - GENERAL 10A NCAC 70P .0101 SCOPE This Subchapter contains guardianship assistance standards for county departments of social services, the public agencies in North Carolina mandated to provide guardianship services.…

10A NCAC 70P .0102 PURPOSE The Guardianship Assistance Program (GAP) provides financial assistance to caregivers who assume legal guardianship of a child in foster care as a means to achieve permanence for youth who are not being adopted or reunified. History Note: Authority G.S.…

10A NCAC 70P .0103 DEFINITIONS The following definitions apply to this Chapter: (1) "Agency" means a child placing agency as defined in G.S. 131D-10.2(4) that is authorized by law to receive children for purposes of placement in residential group care, foster homes or adoptive ho…

10A NCAC 70P .0104 GUARDIANSHIP ASSISTANCE PROGRAM ELIGIBILITY The following eligibility criteria shall be met in order to receive Guardianship Assistance: (1) A determination by the Court that reunification and adoption are not appropriate permanency options for the child; (2) T…

10A NCAC 70P .0105 GUARDIANSHIP ASSISTANCE PROGRAM REQUIREMENTS (a) Guardianship Assistance benefits for a child shall become effective the first month following the month that legal guardianship is approved by the court. (b) Claims for monthly GAP assistance shall be reimbursed …

chapter 71 – adult and family support subchapter 71A – protective services for adults section - .0100 - general 10A NCAC 71A .0101 INTRODUCTORY STATEMENT Rules in this Subchapter govern the provision of protective services for adults with funds administered by the Division of Soc…

10A NCAC 71A .0102 DEFINITIONS (a) "Immediately" as specified in G.S. 108A-103(d), shall mean responds with no delay as soon as a county department of social services receives a report that: (1) an adult is alleged to be disabled as defined in G.S. 108A-101(d); (2) an adult is al…

SECTION .0200 - ACCEPTANCE AND EVALUATION OF PROTECTIVE SERVICES REPORTS 10A NCAC 71A .0201 ACCEPTANCE OF REPORTS (a) The county department of social services shall accept all reports alleging an abused, neglected, or exploited disabled adult is in need of protective services. Th…

10A NCAC 71A .0202 RECEIPT OF ORAL REPORT The worker receiving an oral report shall explain to the complainant (the person making the report) that the department will notify the complainant of the results of the evaluation. The worker shall determine from the complainant whether …

10A NCAC 71A .0203 REPORTS REGARDING COUNTY OFFICIALS (a) When a report is received alleging abuse, neglect or exploitation of a disabled adult by a social services board member, department of social services staff member, county commissioner, or the county manager, the county de…