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.
