North Carolina Administrative Code

10A NCAC 71A .0204 TIME FRAME TO INITIATE EVALUATION (a) Evaluation of reports involving an emergency as defined in G.S. 108A-101(g) shall be initiated within 24 hours of receipt of the report. (b) Evaluation of other reports of a need for protective services shall be initiated w…

10A NCAC 71A .0205 INITIATION OF EVALUATION The evaluation is initiated by a visit to the adult about whom the report is made. If the adult cannot be located, efforts to locate the adult within the 24- or 72-hour time limit, as appropriate, shall be documented in the case record.…

10A NCAC 71A .0206 STEPS IN EVALUATION The complete evaluation shall include: (1) The visit to the person, which means that the person must be seen by the worker. The worker will make as many visits as are necessary to determine whether the adult is disabled; abused, neglected or…

10A NCAC 71A .0207 FOCUS OF EVALUATION The evaluation must determine: (1) whether or not the adult is disabled in accordance with the statutory definition in G.S. 108A-101(d); (2) whether or not the adult is abused, neglected or exploited as defined in G.S. 108A-101(a)(j) or (m);…

10A NCAC 71A .0208 CONDUCTING A THOROUGH EVALUATION A thorough evaluation of the protective services report shall include identifying indicators of abuse, neglect, or exploitation and the disabled adult's strengths and limitations by assessing the following functional areas: (1) …

10A NCAC 71A .0209 SUBSTANTIATION OF THE REPORT (a) Following completion of the evaluation a determination shall be made as to whether the report is substantiated. (b) A report is substantiated when: (1) the adult is determined to be disabled as defined in G.S. 108A-101(d); (2) t…

SECTION .0300 - UNSUBSTANTIATED REPORTS: SUBSTANTIATED REPORTS: REFUSAL OF SERVICES 10A NCAC 71A .0301 UNSUBSTANTIATED REPORT: OFFER OF SERVICES When the evaluation of the report indicates that the allegations are not substantiated, an offer shall be made to the individual of any…

10A NCAC 71A .0302 SUBSTANTIATED REPORT: ADULT REFUSES SERVICES (a) When the evaluation of a report indicates that the allegations are substantiated and the disabled adult is capable of making responsible decisions and refuses the receipt of protective services, the worker must r…

SECTION .0400 - PAYMENT FOR ESSENTIAL SERVICES 10A NCAC 71A .0401 ESSENTIAL SOCIAL SERVICES (a) For essential social services that the county makes available, the individual's responsibility for payment shall be determined in accordance with rules in 10A NCAC 71R .0500. (b) For e…

10A NCAC 71A .0402 ESSENTIAL MEDICAL SERVICES For essential medical services, an individual is deemed financially incapable of paying if he meets the eligibility criteria for Title XIX (Medicaid). Essential medical services must be provided at no charge to a Medicaid - eligible p…

SECTION .0500 - RESIDENTIAL CARE FACILITIES 10A NCAC 71A .0501 GENERAL REQUIREMENT (a) In accordance with provisions of G.S. 108A-103 and the rules in Section .0200 of this Subchapter, the department of social services in the county in which the facility is located shall evaluate…

10A NCAC 71A .0502 NOTICE TO ADMINISTRATOR (a) The county director will not inform the administrator prior to the first visit to the facility that a protective services report has been received, except in specific instances where the county director thinks the assistance of the a…

10A NCAC 71A .0503 REPORT TO REGULATORY AGENCIES (a) A copy of the written report required by Rule .0901 of this Subchapter shall be sent to the Division of Health Service Regulation, within 30 days of completion of the evaluation. If the identity of the person making the protect…

10A NCAC 71A .0504 INTER-COUNTY COORDINATION The department in the county in which a nursing, combination, or residential care facility is located has primary responsibility for providing protective services to adults in that facility. That department shall notify the department …

SECTION .0600 - STATE MENTAL HEALTH: MENTAL RETARDation: SUBSTANCE ABUSE SERVICES INSTITUTIONS 10A NCAC 71A .0601 EVALUATIONS OF ABUSE: NEGLECT AND EXPLOITATION (a) The county department of social services shall initiate its evaluation in accordance with the time frame in Rule .0…

10A NCAC 71A .0602 REPORTS OF NEED FOR MEDICAL TREATMENT FOR RESIDENTS (a) Rules in Section .0200 of this Subchapter shall be followed by the county department of social services in carrying out the evaluation of reports of need for medical treatment made in accordance with G.S. …

SECTION .0700 - INTER-COUNTY RESPONSIBILITY 10a NCAC 71a .0701 COOPERATION IN COMPLETING EVALUATIONS The department of social services in the county in which a disabled adult is located shall cooperate in carrying out the evaluation of a protective services report when the depart…

10A NCAC 71A .0702 MOVEMENT OF ADULT TO ANOTHER COUNTY (a) If a disabled adult who moves to another county has consented to the provision of protective services and no court order is involved, the county department providing protective services shall ask the disabled adult to con…

SECTION .0800 - CONFIDENTIALITY 10A NCAC 71A .0801 COLLATERAL CONTACTS Collateral contacts with persons knowledgeable about a disabled adult's situation may be made without the adult or caretaker's consent when such contacts are necessary to complete a protective services evaluat…

10A NCAC 71A .0802 IDENTITY OF COMPLAINANT AND OF INDIVIDUALS WHO HAVE KNOWLEDGE OF THE SITUATION The identity of the complainant and of individuals who have knowledge of the situation of the disabled adult shall be kept confidential unless the court requires that such persons' i…

10A NCAC 71A .0803 SPECIFIC FINDINGS Specific findings of the evaluation shall be kept confidential and shall not be released without consent of the disabled adult or court order, except that the department of social services at its discretion may share information about the adul…

10A NCAC 71A .0804 REFERRAL TO ANOTHER COUNTY When a client who is receiving protective services under court order moves from one county to another, a protective services referral may be made by the first county to the second county without the client's consent. When the second c…

10A NCAC 71A .0805 RELEASE OF SPECIFIC FINDINGS TO OTHER GOVERNMENTAL AGENCIES Federal, state, and law enforcement agencies may be sent copies of the written report as specified in Rule .0901 of this Subchapter when the results of the adult protective services evaluation indicate…

10A NCAC 71A .0806 ADULT PROTECTIVE SERVICES REGISTER (a) Information submitted by county departments of social services to the Adult Protective Services Register is confidential. Non-identifying statistical information and general information about the scope, nature and extent o…

SECTION .0900 - DOCUMENTATION AND REPORTS 10A NCAC 71A .0901 WRITTEN REPORT OF THE EVALUATION (a) Written reports shall be completed when: (1) the adult protective services evaluation was conducted on a patient or resident of a facility as defined in G.S. 131E-101, 131D-2(a)(3), …

10A NCAC 71A .0902 CARETAKER INTERFERENCE: PETITION TO COURT In preparation for petitioning the court for an order enjoining a caretaker from interfering with the provision of protective services, the worker shall document: (1) the date, time and circumstances under which the dis…

10A NCAC 71A .0903 PROTECTIVE SERVICES PETITION TO COURT In preparation to petition the court for an order authorizing the provision of protective services, the worker must document the facts which show that: (1) the disabled adult is being abused, neglected, or exploited; and (2…

10A NCAC 71A .0904 EMERGENCY PETITION TO COURT The information required by G.S. 108A-106(c) to be included in the petition shall be documented in the agency file. History Note: Authority G.S. 143B-153; Eff. November 1, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without …

10A NCAC 71A .0905 FINANCIAL EXPLOITATION: PETITION TO COURT In preparation to petition the court under G.S. 108A-106(f), documentation must be made of specific information indicating that: (1) the adult lacks the capacity to consent; (2) the adult is in need of protective servic…

10A NCAC 71A .0906 REPORT TO DISTRICT ATTORNEY Notification to the district attorney in accordance with G.S. 108A-109 shall be in written form and shall include the information specified in Rule .0901 of this Section. History Note: Authority G.S. 143B-153; Eff. November 1, 1983; …

10A NCAC 71A .0907 REPORT TO THE COMPLAINANT (a) The required notice to the complainant may be oral or in writing at the discretion of the complainant and shall be made immediately on completing the evaluation. It shall include a statement of whether or not the report was substan…

10A NCAC 71A .0908 CASE RECORD A separate record, or a separate section of an existing record, shall be established to contain information on protective services provided to an adult, including the following: (1) the report of a need for protective services; (2) the written repor…

subchapter 71B – guardianship services 10A NCAC 71B .0101 DISINTERESTED PUBLIC AGENT AS GUARDIAN (a) When a disinterested public agent is appointed to serve as a guardian by the clerk of superior court, the appointed disinterested public agent is authorized and required to serve …

10A NCAC 71B .0102 TRAINING REQUIREMENTS Any disinterested public agent appointed as guardian must have completed training provided or approved by the Department of Health and Human Services concerning the powers and responsibilities of a guardian. A disinterested public agent mu…

subchapter 71C – adult placement services SECTION .0100 - SERVICE REQUIREMENTS 10A NCAC 71C .0101 INTAKE AND SCREENING (a) The initial request or referral must be screened to determine whether the potential client appears to be in the target population codified in 10A NCAC 71R .0…

10A NCAC 71C .0102 ASSESSMENT AND SUPPORTIVE COUNSELING (a) A thorough assessment must be conducted of the client's situation, including strengths and limitations in the following areas: (1) physical health; (2) mental health; (3) social system; (4) activities of daily living and…

10A NCAC 71C .0103 SERVICE PLANNING A service plan must be developed which addresses problems identified during the assessment and which takes into account client and family strengths and goals. The client must be involved in the service planning process as much as he is capable …

10A NCAC 71C .0104 PRE-PLACEMENT PROCEDURES (a) The county department of social services is responsible for facilitating the completion and prior approval of FL-2, MR-2 and Pre-Admission Screening and Annual Resident Review (PASARR) Level I screening forms for clients receiving A…

10a NCAC 71C .0105 LOCATING A BED AND SECURING PLACEMENT (a) Social workers in the county departments of social services are responsible for assisting clients who are receiving Adult Placement Services and their families or representatives to locate available beds in substitute h…

10A NCAC 71C .0106 POST-PLACEMENT ADJUSTMENT (a) County departments of social services are responsible for providing or facilitating services to assist clients receiving Adult Placement Services to adjust to their placements or independent settings. This includes clients for whom…

10A NCAC 71C .0107 TERMINATION OF ADULT PLACEMENT SERVICES (a) Prior to Adult Placement Services being terminated, the social worker must review available information and make contacts with significant persons to determine whether services need to be continued, and to reach closu…

10A NCAC 71C .0108 COORDINATION WITH OTHER SERVICE PROVIDERS Documentation in the client's case record must include information about other agencies or service providers who are known to be involved with the client. If any of those parties are involved in placement, adjustment, o…

subchapter 71F – individual and family adjustment services 10A NCAC 71F .0101 NATURE AND SCOPE (a) The definition of individual and family adjustment services is set forth in 10A NCAC 71R .0910. (b) Casework counseling is at the core of this service. In the context of this servic…

10A NCAC 71F .0102 STAFF QUALIFICATIONS (a) Casework counseling as a part of this service is to be provided by social workers who meet at least the minimum qualifications of a social worker trainee under state personnel regulations. (b) Social workers with the qualifications desc…

10A NCAC 71F .0103 METHODS OF PROVISION (a) Individual and family adjustment services are to be made available by every county department of social services. This mandate does not require that specialized staff be made available for the purpose of providing specialized counseling…

10A NCAC 71F .0104 SOCIAL DEVELOPMENT THROUGH THERAPEUTIC GROUPS/DEFINITIONS (a) "Structured Group" means a company of individuals brought together for a particular purpose with membership being selected purposefully on the basis of common characteristics, needs or problems that …

10A NCAC 71F .0105 SOCIAL DEVELOP/THERAPEUTIC GROUPS/CRITERIA/SERV PROVISION (a) Social development through therapeutic group services is always provided for two or more individuals at the time. (b) The group must always be both structured and therapeutic as defined in (a) and (b…

10A NCAC 71G .0103 RESERVED FOR FUTURE CODIFICATION

10A NCAC 71G .0104 COUNTY DEPARTMENT OF SOCIAL SERVICES RESPONSIBILITIES History Note: Authority G.S. 14-45.1; 143B-153; 1985 S. L., c. 479, s. 93; Eff. December 1, 1990; Expired Eff. June 1, 2017 pursuant to G.S. 150B-21.3A.

subchapter 71H – personal and family counseling 10A NCAC 71H .0101 SERVICE STAFF QUALIFICATIONS Minimum qualifications have been established for personal and family counseling service staff to promote competence and accountability in the delivery of personal and family counseling…