Section .0100 - General

Link to law: http://reports.oah.state.nc.us/ncac/title 10a - health and human services/chapter 70 - children's services/subchapter a/subchapter a rules.html
Published: 2015

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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 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.

 

History Note:        Authority G.S. 7B-311; 108A-74; G.S.

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.

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 required by law. Non‑identifying

statistical information and general information about the scope, nature and

extent of the child abuse, neglect and dependency problem in North Carolina is

not subject to this Rule of confidentiality.

(b)  Access to the central registry of child abuse, neglect

and dependency cases is restricted to:

(1)           staff of the Division of Social Services

and staff of the Office of the Secretary of the Department of Health and Human

Services who require access in the course of performing duties pertinent to

management, maintenance and evaluation of the central registry and evaluation

of and research into abuse and neglect cases reported in accordance with

Chapter 7B, Article 3.  Management of the central registry includes the

provision of information on a case by division staff to a North Carolina county

department of social services or to an out‑of‑state social services

agency to assure that protective services will be made available to such child

and the child's family as quickly as possible to the end that such child will

be protected and that further abuse or neglect will be prevented.

(2)           individuals who may receive approval to

conduct studies of cases in the central registry.  Such approval must be

requested in writing to the Director of the Division of Social Services.  The

written request shall specify and be approved on the basis of:

(A)          an explanation of how the findings of the study have

potential for expanding knowledge and improving professional practices in the

area of prevention, identification and treatment of child abuse and neglect;

(B)          a description of how the study will be conducted and

how the findings will be used;

(C)          a presentation of the individual's credentials in

the area of critical investigation; and

(D)          a description of how the individual will safeguard

information.

Access shall be denied

when in the judgment of the Director the study will have minimal impact on

either knowledge or practice.

(3)           the county director in order to identify

whether a child who is the subject of an abuse, neglect or dependency

investigation has been previously reported as abused or neglected, or whether a

child is a member of a family in which a child fatality due to suspected abuse

or neglect has occurred in any county in the state. Information from the

central registry shall be shared with law enforcement or licensed physicians or

licensed physician extenders when needed to assist the county director in

facilitating the provision of child protective services to assure that the

child and the child's family shall receive protective services as quickly as

possible so that such child can be protected and further abuse, neglect or

dependency prevented. Information shared from the central registry for child

abuse and neglect shall be limited to:

(A)          the child's name, date of birth, sex, race;

(B)          the county that investigated the report;

(C)          the type of maltreatment that was reported;

(D)          the case decision;

(E)           the date of the case decision;

(F)           the type of maltreatment found; and

(G)          the relationship of the perpetrator to the victim

child.

(4)           the Chief Medical Examiner's office and law

enforcement in the event of a child fatality and there is a need to determine

if their investigation or evaluation should consider child abuse, neglect or

dependency as a factor in the death. Information shall be limited to that

outlined in Subparagraphs (b)(3)(A) through (G) of this Rule.

(c)  Information submitted by county departments of social

services to the Responsible Individuals List of abuse and serious neglect cases

is confidential except as otherwise required by law.  The Responsible

Individuals List shall identify parents, guardians, caretakers or custodians

who have been identified as responsible individuals in substantiated cases of

abuse or serious neglect. Information from this list shall be used exclusively

for the purpose of determining current or prospective employability or fitness

to care for or adopt children.

(d)  Requests for information from the Responsible

Individuals List shall be in writing and shall include a last name, first name,

middle initial, date of birth, gender and social security number of the

individual to be checked.

(e)  Authorized persons, as defined in 10A NCAC 70A

.0104(b)(1), must inform responsible individuals if the reason they are being

denied is due to information obtained from the Responsible Individuals List.

 

History Note:        Authority G.S. 7B-311; 143B-153;

Eff. February 1, 1976;

Readopted October 31, 1977;

Amended Eff. June 1, 1990; January 1, 1983;

Temporary Amendment Eff. July 10, 1991, For a Period of

180 Days to Expire on January 5, 1992;

Amended Eff. May 1, 2006; July 1, 1993; December 1, 1991.

 

 

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 an employee of the county department of social

services, a foster parent supervised by that county department of social

services, a member of the Board of Social Services for that county, or a

caretaker in a sole‑source contract group home or agency‑operated

day care facility.

(b)  When in the professional judgment of the county

director the agency would be perceived as having a conflict of interest in the

conduct of other child protective service investigations, the director may

request that another county conduct the investigations.

 

History Note:        Authority G.S. 143B‑153;

Eff. January 27, 1977;

Readopted Eff. October 31, 1977;

Amended Eff. September 1, 1994; July 1, 1993; June 1,

1990.

 

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 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.

(2)           "Personal written notice" means delivery

in person of the case decision to the responsible individual by the social

worker.

(3)           "Serious neglect" means conduct,

behavior, or inaction that evidences a disregard of consequences of such

magnitude as to constitute an unequivocal danger to a child's health, welfare

or safety.

 

History Note:        Authority G.S. 7B-311(d); G.S. 143B-153;

Eff. January 1, 1980;

Amended Eff. May 1, 2006; April 1, 2003; July 1, 1993;

June 1, 1990; November 1, 1985.

 

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 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.

(c)  When a county director receives a report of suspected

abuse or of criminal maltreatment of a juvenile by a person other than the

juvenile's parent, guardian, custodian, or caretaker, the director shall notify

the appropriate law enforcement agency in accordance with G.S. 7B-307.  The

county director shall provide the law enforcement agency with any information

obtained from the person making the report as outlined in Subparagraphs (b)(1)

through (b)(7) of this Rule.  The name, address, and telephone number of the

individual making the report, included as Subparagraph (b)(8) of this Rule, may

be shared with law enforcement when this information is necessary for law

enforcement to perform their duties as related to the report.

(d)  The county director shall initiate an investigation of

suspected abuse, within 24 hours after receiving a report.  The county director

shall initiate an investigation of suspected neglect or dependency within 72

hours after receiving a report, except that investigations of all accepted

reports of child abandonment shall be initiated immediately.  Initiation of an

investigation is defined as having face‑to‑face contact with the

alleged victim child or children.  If there is not such face‑to‑face

contact within the prescribed time period, the case record shall contain

documentation to explain why such contact was not made and what other steps

were taken to assess the risk of harm to the child or children.

(e)  When the director is unable to initiate the

investigation within the prescribed time period, as indicated in Paragraph (d)

of this Rule, because the alleged victim child or children cannot be located,

the director shall make diligent efforts to locate the alleged victim child or

children until such efforts are successful or until the director concludes that

the child or children cannot be located.  Diligent efforts shall include, but

not be limited to, visits to the child's or children's address at different

times of the day and on different days.  All efforts to locate the child or

children shall be documented in the case record.

(f)  When abuse, neglect, or dependency is alleged to have

occurred in an institution, in addition to the procedures described in

Paragraphs (a) through (e) of this Rule, the county director shall notify the

individual who is administratively responsible for on‑site operation of

the institution in order to solicit the cooperation of the administration of

the institution.  Notification shall occur within the time frames required in

Paragraph (d) of this Rule, and prior to contact with the alleged victim

juvenile(s) if the director determines that such notice would not place the alleged

victim(s) at risk of further harm.

(g)  The county director must have an internal two level

review, including at a minimum the worker and the worker's supervisor, prior to

making a decision that information received does not constitute a report of

abuse, neglect, or dependency.

(h)  The county director must establish a process by which

the person providing this information may obtain a review of the agency's

decision not to accept the information as a report of abuse, neglect, or

dependency.  The process shall include:

(1)           informing the person providing the

information that the agency will not conduct an investigation, the basis for

that decision, and their right to and the procedures for obtaining such a

review; and

(2)           designating the persons by whom and the

manner in which such reviews will be conducted.

 

History Note:        Authority G.S. 7B-301; 7B-302; 7B-306;

7B-307; 143B‑153;

Eff. January 1, 1980;

Temporary Amendment Eff. July 10, 1991, For a Period of 180 Days to Expire on January 5, 1992;

Amended Eff. April 1, 2003; September 1, 1994; July 1, 1993; June 1, 1992; December 1, 1991.

 

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 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.

(b)  When the county director receives a report of suspected

abuse, neglect, or dependency, the county director shall check the county

agency's records and the North Carolina Central Registry of child abuse,

neglect, and dependency reports to ascertain if any previous reports of abuse,

neglect, or dependency have been made concerning the alleged victim child or

children.  Central Registry checks are not necessary when the agency has

conducted such a check within the previous 60 days or when the agency is

providing continuous child protective services to the family.

(c)  Face‑to‑face  interviews with  all alleged

victim children shall be conducted within statutory time frames, unless there

is documentation in the case record to explain why such contact was not made.

(d)  There shall be a face‑to‑face interview

with any parent or caretaker with whom the victim child or children reside,

unless there is documentation in the case record to explain why such an

interview was not conducted.  The parent or caretaker shall be interviewed on

the same day as the victim child or children unless there is documentation in

the case record to explain why such interviews were not conducted.

(e)  The investigation shall include a visit to the place

where the child or children reside.

(f)  There shall be a face‑to‑face interview

with the alleged perpetrator or perpetrators unless there is documentation to

explain why such an interview was not conducted.

(g)  Any persons identified at the time the report was

accepted for investigation as having information concerning the condition of

the child or children shall be interviewed in order to obtain any information

relevant to the investigation unless there is documentation in the case record

to explain why such interviews were not conducted.

(h)  The county director shall implement a structured

decision making process that includes the following assessments:

(1)           assessment of the immediate safety of the

child or children;

(2)           assessment of the future risk of harm to

the child or children;

(3)           assessment of the family's strengths and

needs;

(4)           documentation of an assessment of all of

the information obtained during the investigation;

(5)           documentation of a safety response plan;

and

(6)           documentation of the case decision.

(i)  When additional information is necessary to complete an

investigation, information from the following sources shall be obtained and

utilized:

(1)           Professionals or staff at an out‑of‑home

care setting having relevant knowledge pertaining to the alleged abuse,

neglect, or dependency;

(2)           Other persons living in the household or

attending or residing in the out‑of‑home care setting;

(3)           Any other source having relevant knowledge

pertaining to the alleged abuse, neglect, or dependency; and

(4)           Records; i.e., school, medical, mental

health, or incident reports in an out‑of‑home care setting.

(j)  The county director shall exercise discretion in the

selection of collateral sources in order to protect the family's or out‑of‑home

care setting's right to privacy and the confidentiality of the report.

(k)  Conducting an investigation as outlined in Paragraph

(a) of this Rule when the alleged abuse, neglect, or dependency occurred in an

institution shall include the following:

(1)           A discussion of the allegation with the

individual who has on‑site administrative responsibility for the

institution;

(2)           A discussion of the procedure to be

followed during the investigation;

(3)           The utilization of resources within and

without the institution as needed and appropriate; and

(4)           A discussion of the findings with the

Administrator of the institution which shall be confirmed in writing by the

county director and shall be held confidential by all parties as outlined in

10A NCAC 70A .0113, of this Subchapter.

 

History Note:        Authority G.S. 7B-302; 143B‑153;

Eff. January 1, 1980;

Amended Eff. April 1, 2003; February 1, 1995; September 1, 1994; July 1, 1993.

 

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 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.

(b)  Personal written notice may be made by a social worker

other than the social worker who conducted the assessment under G.S. 7B-302(a),

if the social worker who conducted the assessment is unavailable.  If the

county department of social services is unable to provide the personal written

notice to the responsible individual, there shall be documentation of efforts

made to deliver the personal written notice to the responsible individual in

the case record.  In addition to fulfilling the requirements of G.S. 7B-320(b),

the personal written notice shall also include:

(1)           a statement informing the responsible

individual that employers may access the Responsible Individuals List to

determine suitability for employment; and

(2)           a statement informing the responsible

individual that the timeframes to request an expunction from the District

Attorney or the District Court still apply, even if no notice is received from

the Director after the Director has been requested to expunge.

(c) The county director shall complete structured decision

making assessments of every family in which an investigation of abuse, neglect

or dependency is conducted.  The assessment findings shall be used to evaluate

the need for services and to develop a case plan.

(d)  In all cases in which abuse, neglect, or dependency is

found, the county director shall determine whether protective services are

needed and, if so, shall develop, implement, and oversee an intervention plan

to ensure that there is adequate care for the victim child or children.  The

case plan shall:

(1)           be based on the findings of the structured

decision making assessments;

(2)           contain goals representing the desired

outcome toward which all case activities shall be directed; (3)              contain

objectives that:

(A)          describe specific desired outcomes;

(B)          are measurable;

(C)          identify necessary behavior changes;

(D)          are based on an assessment of the specific needs of

the child or children and family;

(E)           are time-limited; and

(F)           are mutually accepted by the county director and

the client.

(4)           specify all the activities needed to

achieve each stated objective;

(5)           have stated consequences that will result

from either successfully following the plan or not meeting the goals and

objectives specified in the plan; and

(6)           shall include petitioning for the removal

of the child or children from the home and placing the child or children in

appropriate care when protection cannot be initiated or continued in the

child's or children's own home.

(e)  When an investigation leads a county director to find

evidence that a child may have been abused or may have been physically harmed

in violation of a criminal statute by a person other than the child's parent,

guardian, custodian, or caretaker, the county director shall follow all

procedures outlined in G.S. 7B-307 in making reports to the prosecutor and

appropriate law enforcement agencies.  The report shall include:

(1)           the name and address of the child, of the

parents or caretakers with whom the child lives, and of the alleged

perpetrator;

(2)           whether the abuse was physical, sexual or

emotional;

(3)           the dates that the investigation was

initiated and that the evidence of abuse was found;

(4)           whether law enforcement has been notified

and the date of the notification;

(5)           what evidence of abuse was found; and

(6)           what plan to protect the child has been

developed and what is being done to implement it.

(f) When an investigation reveals the presence of abuse,

neglect, or dependency in an institution, the county director shall complete

the following steps:

(1)           the child's or children's legal custodian

shall be informed;

(2)           an intervention plan for the care and

protection of the child or children shall be developed in cooperation with the

institution and the legal custodian; and

(3)           when abuse is found, a written report shall

be made to the prosecutor in the county where the institution is located.

 

History Note:        Authority G.S. 7B-302; 7B- 307; 7B- 311;

7B-320(d); 143B-153;

Eff. January 1, 1980;

Amended Eff. May 1, 2006; April 1, 2003; February 1, 1995; September 1, 1994; July 1, 1993; June 1, 1990.

 

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 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;

(2)           communicate to the persons or agencies named in (1)

of this Rule that the Department shall no longer be involved with the child or

children on a non-voluntary basis.

 

History Note:        Authority G.S. 7B-300; 7B-302 143B‑153;

Eff. January 1, 1980;

Amended Eff. July 1, 1993; June 1, 1990.

 

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 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.

(b)  When the county director receives a notice from the

prosecutor that a review will be held regarding not filing a petition, he shall

send immediately, but in all cases within three working days of the receipt of

the notice, a copy of the investigation report to the prosecutor.

(c)  Within 20 days after the reporter is notified of the

right to a review, the prosecutor shall review the director's decision.  Upon

completion of the review specified in G.S. 7A‑547, the prosecutor may:

(1)           affirm the decision of the director;

(2)           request that the appropriate law

enforcement agency investigate the allegations; or

(3)           direct the director to file a petition in

the matter.

 

History Note:        Authority G.S. 7A‑544; 7A‑547;

143B‑153;

Eff. January 1, 1980;

Amended Eff. September 1, 1994; July 1, 1993; February 1,

1986.

 

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 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.

(2)           the county director files a petition for an

immediate non‑secure custody order unless he decides that temporary

custody is no longer necessary and releases the child to his parents, guardian

or custodian.  To preserve a parent, guardian or custodian's right to due

process, the county director shall not make an assessment case decision until

after the court has adjudicated the petition.

(b)  A county director of social services shall file all

petitions which allege that a child is abused, neglected or dependent except

those petitions resulting from review by the prosecutor.

 

History Note:        Authority G.S. 7B-311; 7B- 403; 7B-404;

7B- 500; 7B-501; 143B-153;

Eff. January 1, 1980;

Amended Eff. May 1, 2006.

 

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 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.

 

History Note:        Authority G.S. 7B 906; 143B‑153;

Eff. January 1, 1980;

Amended Eff. April 1, 2003; June 1, 1990.

 

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 services by the court.  The case record documentation shall be kept

confidential. Information from the case record shall be released only in

accordance with Chapter 7B, Subchapter I, of the North Carolina General

Statutes and the Rules of this Subchapter.

(b)  The protective services case record shall document the

investigation.  In addition, when applicable, the protective services case

record shall include:

(1)           summary documentation of the results of the

check of the central registry of abused, neglected, and dependent children

whenever a report is accepted for investigation unless the agency has conducted

such a check in the 60 days prior to the new report, or the agency is providing

ongoing children's services to the family;

(2)           copies of all comprehensive family

assessments, including safety assessments, risk assessments, assessments of

family strengths and needs, re-assessments of family strengths and needs and

assessments of the child's and family's progress or lack of progress in

completing the items documented in the Family Services Case Plan; 

(3)           documentation of any safety response plan

that was developed to ensure the child's safety during the course of the

investigation;

(4)           documentation of the case decision, the basis

for the case decision, and the names of those participating in the decision;

(5)           documentation of notifications to parents,

caretakers, the alleged perpetrator, or others specified in Rules .0107, .0108,

.0109 and .0114 of this Section regarding the case decision;

(6)           documentation of contacts with and services

provided to the family, current within seven days of service delivery. 

Documentation may be taped for transcription, typed or legibly handwritten, and

shall include information about the family's response to and use of services,

as well as any change in the assessment of safety or risk to the children;

(7)           the Family Services Case Plan developed at

the beginning of the treatment phase, with any subsequent revisions to the

plan;

(8)           documentation of reviews of the Family

Services Case Plan, current within three months, which reflect an assessment of

the plan's effectiveness, the family's use of services, and the need for

continued agency involvement;

(9)           copies of the following:

(A)          Intake/Screening Form provided by the Division for

all reports concerning the family whether these reports have been received

while a case was active or while a case was closed;

(B)          notices to the reporter;

(C)          requests made of other county departments of social

services for information relating to prior contacts by that agency with the

family, when applicable; and

(D)          DSS 5104, Application/Report to the Central

Registry.

(10)         copies of the following reports or

documents, when applicable:

(A)          petitions relating to the legal or physical custody

of children while receiving child protective services;

(B)          reports to the court;

(C)          reports or notifications to prosecutors;

(D)          reports to law enforcement agencies;

(E)           Child Medical Evaluations and Child Mental Health

Evaluation requests, consents, and reports;

(F)           any other medical, psychological, or psychiatric

reports;

(G)          notifications to licensing agencies; and

(H)          any other reports, notifications, or documents

related to the provision of child protective services.

(11)         summaries of the following information, when

not otherwise documented in the case record:

(A)          at the time treatment services begin, a summary of

the reasons services are being provided;

(B)          when filing a petition for custody, the reasons

custody is being sought; and

(C)          at the time treatment services are terminated, a

summary of the basis for the decision.

 

History Note:        Authority G.S. 7B-302; 7B-306; 7B-311;

7B-312; 7B-313; 7B-314; 7B-315; 7B-2901; 143B-153;

Eff. January 1, 1980;

Amended Eff. May 1, 2006; April 1, 2003; September 1, 1994; January 1, 1983.

 

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 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.

(b)  The county director in carrying out his duties may

share information and a summary of documentation from the case record without a

court order with public or private agencies or individuals that are being

utilized to provide or facilitate the provision of protective services to a

child.

(c)  The county director shall allow the District Attorney

or his designee access to the case record, including any information or

documentation therein, which he needs to carry out his mandated

responsibilities that result from a report of confirmed abuse or from the

county director's decision not to file a petition.

 

History Note:        Authority G.S. 7B-302; 7B-2901; 143B‑153;

Eff. January 1, 1980;

Amended Eff. September 1, 1991.

 

10A NCAC 70A .0114       EXPUNCTION PROCESS

(a)  Expunction shall be in accordance with G.S. 7B, Article

3A.

(b)  During the expunction process, the county Department of

Social Services shall continue to provide services to ensure the safety of the

children identified as abused or seriously neglected.  If the county Department

of Social Services is unable to ensure safety, a juvenile petition shall be

filed and legal intervention shall be sought. 

(c)  Once an expunction request by the Director pursuant to

G.S. 7B-320, the District Attorney pursuant to G.S. 7B-322, or the District

Court pursuant to G.S. 7B-323, has been completed, the Director shall make

written notice to the Department of Health and Human Services, directing the

Department of Health and Human Services to modify or expunge the Responsible

Individuals List, no later than five working days after the decision was made.

 

History Note:        Authority G.S. 7B-311(d); 143B-153;

Eff. May 1, 2006.

 

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 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.

(b)  The Community Child Protection Team shall not encompass

a geographic or governmental area larger than one county.

 

History Note:        Filed as a Temporary Adoption Eff. July

10, 1991, For a Period of 180 Days to Expire on

January 5, 1992;

Statutory Authority G.S. 7B-302; 7B-1400; 7B-1401;

7B-1402; 7B-1403; 7B-1404; 7B-1405; 7B-1406; 7B-1407; 7B-1408; 7B-1409;

7B-1410; 7B-1411; 7B-1412; 7B-1413; 7B-1414; 143B‑153;

Eff. December 1, 1991;

Amended Eff. September 1, 1994; July 1, 1993.

 

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)           Confidentiality requirements;

(3)           An overview of child protective services

law and policy; and

(4)           Team record‑keeping.

(b)  Each Community Child Protection Team shall schedule

relevant training as needed by its membership, using appropriate resources from

the local department of social services, other community agencies, the Division

of Social Services, or other individuals whose expertise can benefit the

functioning of the team.

 

History Note:        Filed as a Temporary Adoption Eff. July 10,

1991, For a Period of 180 Days to Expire on

January 5, 1992;

Statutory Authority G.S. 7B-302; 7B-1400; 7B-1401;

7B-1402; 7B-1403; 7B-1404; 7B-1405; 7B-1406; 7B-1407; 7B-1408; 7B-1409;

7B-1410; 7B-1411; 7B-1412; 7B-1413; 7B-1414; 143B‑153;

ARRC Objection Lodged July 18, 1991;

Eff. December 1, 1991;

Amended Eff. September 1, 1994.

 

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 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.

(e)  An individual may receive approval to conduct a study

of the cases reviewed by the Community Child Protection Teams.  Such approval

must be requested in writing of the Director of the Division of Social

Services.  The written request shall specify and be approved on the basis of:

(1)           an explanation of how the findings of the

study have potential for expanding knowledge and improving professional

practices in the area of prevention, identification and treatment of child

abuse, neglect, dependency, or child fatalities;

(2)           a description of how the study will be

conducted and how the findings will be used;

(3)           a presentation of the individual's

credentials in the area of critical investigation;

(4)           a description of how the individual will

safeguard confidential information; and

(5)           an assurance that no report will contain

the names of children and families or any other information that makes children

and families identifiable.

Access will be denied when, in the

judgment of the director, the study will have minimal impact on either

knowledge or practice.

 

History Note:        Filed as a Temporary Adoption Eff. July

10, 1991, For a Period of 180 Days to Expire on January 5, 1992;

Authority G.S. 7A‑544; 7A‑675; 108A‑80;

143‑578; 143B‑153;

Eff. December 1, 1991;

Amended Eff. September 1, 1994; July 1, 1993; June 1,

1992.