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 k/subchapter k rules.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
SUBCHAPTER 70k ‑ RESIDENTIAL MATERNITY HOMES

 

SECTION .0100 ‑ GENERAL

 

10A NCAC 70K .0101       DEFINITION

For the purposes of the rules in this Subchapter,

"residential maternity home" means a child-caring institution which

provides continuing full time care for adolescent women during pregnancy and

after delivery when delivery takes place in a licensed hospital, and a facility

for adult women during pregnancy and after delivery when delivery takes place

in a licensed hospital.  The rules in this Subchapter apply to persons

intending to organize, develop, or operate a residential maternity home.

Residential maternity homes shall not hold dual licensure under G.S. 131D and

G.S. 122C. The North Carolina Department of Health and Human Services, Division

of Social Services, is the licensing authority for residential maternity homes.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. February 1, 1986;

Amended Eff. October 1, 2008; June 1, 1990.

10A NCAC 70k .0102       ORGANIZATION AND ADMINISTRATION

Persons licensed or seeking licensure to provide residential

maternity home care shall comply with requirements as specified in 10A NCAC 70F

and 10A NCAC 70K.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. February 1, 1986;

Amended Eff. October 1, 2008.

 

10A NCAC 70K .0103       LICENSING ACTIONS

(a)  License.

(1)           Licensure is required in accordance with

G.S. 131D-10.3 and with rules in Subchapters 70F and 70K of this Chapter.

(2)           Licenses shall be in effect for two years

unless suspended or revoked.  Appeal procedures specified in 10A NCAC 70L .0301

apply for persons seeking an appeal of the licensing authority's decision to

deny, suspend, or revoke a license.

(3)           Residential maternity homes licensed after August

1, 2011 shall have a three year or longer accreditation from either the Council

on Accreditation (COA), The Joint Commission, formerly known as the Joint

Commission on Accreditation of Healthcare Organizations (TJC), The Commission on

Accreditation and Rehabilitation Facilities (CARF) or The Council on Quality

and Leadership (CQL).

(4)           Applicants shall inform the licensing

authority of any current licenses or licenses held in the past five years for

child-placing agencies, maternity homes, or residential child-care facilities

in other states.  Applicants shall provide written documentation from the

licensing authority in other states regarding violations, penalties, or

probationary status imposed in other states.

(b)  Changes in any information on the license.

(1)           The licensing authority shall change a

license during the period of time it is in effect if the change is in

compliance with rules in Subchapters 70F and 70K of this Chapter.

(2)           A residential maternity home shall notify

the licensing authority in writing of its request for a change in license,

including information that is necessary to assure the change is in compliance

with the rules in Subchapters 70F and 70K of this Chapter.

(c)  Termination.

(1)           When a residential maternity home

voluntarily discontinues operations, either temporarily or permanently, the

residential maternity home shall notify the licensing authority in writing of

the date, reason and anticipated length of closing.

(2)           If a license is not renewed by the end of

the licensure period, the licensing authority shall automatically terminate the

license.

(3)           When the license of any existing

residential maternity home is terminated for more than 60 days, the home shall

meet all requirements of a new facility prior to being relicensed.

(4)           Any existing licensed residential maternity

home that is closed or vacant for more than one year shall meet all

requirements of a new facility prior to being relicensed.

(d)  Adverse licensure action.

(1)           The licensing authority shall deny, suspend

or revoke a license when a residential maternity home is not in compliance with

the rules in Subchapters 70F and 70K of this Chapter unless the residential

maternity home within 10 working days from the date the maternity home

initially received the deficiency report from the licensing authority submits a

plan of correction.  The plan of correction shall specify the following:

(A)          the measures that will be put in place to correct

the deficiency;

(B)          the systems that will be put in place to prevent a

re-occurrence of the deficiency;

(C)          the individual or individuals who will monitor the

corrective action; and

(D)          the date the deficiency will be corrected which

shall be no later than 60 days from the date the routine monitoring was concluded.

(2)           The licensing authority shall notify a

residential maternity home in writing of the decision to deny, suspend or

revoke a license.

(3)           Appeal procedures specified in 10A NCAC 70L

.0301 shall be applicable for persons seeking an appeal to the licensing

authority's decision to deny, suspend or revoke a license.

(e)  Licensure shall be denied when it is determined that

the following conditions apply:

(1)           the applicant owns a facility or agency

licensed under G.S. 122C and that facility or agency incurred a penalty for a

Type A or B violation under Article 3 of G.S. 122C, or any combination thereof,

and any one of the following conditions exist:

(A)          A single violation has been assessed in the six months

prior to the application.

(B)          Two violations have been assessed in the 18 months

prior to the application and 18 months have not passed from the date of the

most recent violation.

(C)          Three violations have been assessed in the 36 months

prior to the application and 36 months have not passed from the date of the

most recent violation.

(D)          Four or more violations have been assessed in the 60

months prior to application and 60 months have not passed from the date of the

most recent violation.

(2)           the Department of Health and Human Services

has initiated revocation or summary suspension proceedings against any facility

licensed pursuant to G.S. 122C, Article 2; G.S. 131D, Articles 1 or 1A; or G.S.

110, Article 7 that was previously held by the applicant and the applicant

voluntarily relinquished the license and 60 months have not passed from the

date of the revocation or summary suspension;

(3)           there is a pending appeal of a denial,

revocation or summary suspension of any facility licensed pursuant to G.S.

122C, Article 2; G.S. 131D, Articles 1 or 1A; or G.S. 110, Article 7 that is

owned by the applicant;

(4)           the applicant has an individual as part of

their governing body or management who previously held a license that was

revoked or summarily suspended under G.S. 122C, Article 2; G.S. 131D, Articles

1 or 1A; and G.S. 110, Article 7 and the rules adopted under these laws and 60

months have not passed from the date of the revocation or summary suspension;

(5)           the applicant is an individual who has a

finding or pending investigation by the Health Care Personnel Registry in

accordance with G.S. 131E-256; or

(6)           the applicant is an individual who has a

finding on the Responsible Individual's List as described in 10A NCAC 70A

.0102.

 

History Note:        Authority G.S. 131D-10.10; 143B-153;

Eff. October 1, 2008;

Amended Eff. August 1, 2011.

 

SECTION .0200- MINIMUM LICENSURE STANDARDS

 

10A NCAC 70K .0201       PERSONNEL

(a)  Staff Qualifications and Functions.

(1)           Executive Director.  There shall be an

executive director employed for the general management and supervision of the

maternity home.  The executive director shall meet the requirements of a Social

Services Program Administrator I as defined by the North Carolina Office of

State Personnel.  A copy of these requirements can be obtained by contacting

the Division of Social Services at 828-669-3388 or by reviewing the following

web site: (http://www.osp.state.nc.us/CLASS_SPECS/Spec_Folder_03100-04099/PDF_Files/04077.pdf). 

The college or university degree shall be from a college or university listed

at the time of the degree in the Higher Education Directory.  This information

can be obtained by calling Higher Education Publications, Inc. at

1-888-349-7715.

The executive director shall:

(A)          direct the maternity home's program of care and

services in accordance with policies established by the governing board and

within license standards;

(B)          recruit, employ, supervise and discharge staff;

(C)          assure a training program for staff;

(D)          prepare the annual budget, supervise expenditures,

and operate within the budget established;

(E)           establish and maintain good working relationships

with other human service agencies and represent the agency in the community;

and

(F)           delegate authority to a staff member meeting the

qualifications described in this Subparagraph during his or her absence.

(2)           Professional Services Staff.  The maternity

home shall have available professional services personnel to assure appropriate

services are provided for each resident in accordance with her case plan or

out-of-home family services agreement.

(3)           Social Work Supervisor.  Social work

supervisors shall be employed by the maternity home to supervise, evaluate and

monitor the work and progress of the social work staff.  The social work

supervisor shall meet the requirements of a Social Work Supervisor II as

defined by the North Carolina Office of State Personnel.  A copy of these

requirements can be obtained by contacting the Division of Social Services at

828-669-3388 or by reviewing the following web site: (http://www.osp.state.nc.us/CLASS_SPECS/Spec_Folder_03100-04099/PDF_Files/04016.pdf).

The college or university degree shall be from a college or university listed

at the time of the degree in the Higher Education Directory.  Social work

supervisors shall receive 24 hours of continuing education annually.

(4)           Social Worker.  Social workers shall be

employed by the maternity home to provide intake services and social work

services to the residents and their families in accordance with the case plan

or out-of-home family services agreement.  The social worker shall meet the

requirements of a Social Worker II as defined by the North Carolina Office of

State Personnel.  A copy of these requirements can be obtained by contacting

the Division of Social Services at 828-669-3388 or by reviewing the following

web site: (http://www.osp.state.nc.us/CLASS_SPECS/Spec_Folder_03100-04099/PDF_Files/04012.pdf).

The college or university degree shall be from a college or university listed

at the time of the degree in the Higher Education Directory.  Social workers

shall receive 24 hours of continuing education annually.

(5)           Direct Care Staff.  All direct care staff

shall have a high-school diploma or GED.  Direct care staff shall receive 24

hours of continuing education annually.

(6)           Direct Care Supervisory Staff.  All direct

care supervisory staff shall have a high-school diploma or GED. Direct care

supervisory staff shall receive 24 hours of continuing education annually.

(7)           Staff members of the maternity home may

maintain dual employment or serve as volunteers with adoption agencies or

crisis pregnancy centers as long as the maternity home does not provide

services to the clients of the adoption agency or crisis pregnancy center.  Staff

members of the maternity home may serve on the board of directors of adoption

agencies or crisis pregnancy centers as long as the adoption agency or crisis

pregnancy center does not provide services to the clients of the maternity

home.

(b)  Staffing Requirements.  There shall be at least one

social worker assigned for every 15 residents.  Supervision of social workers

shall be assigned as follows:

 



Supervisors

Required





Social Workers

Employed







0





0-4

(executive director

serves as social work supervisor)







1





5







2





6-10







3





11-15







There shall be one

additional supervisor for every one to five additional social workers.





 

(c)  Direct Care Staff.  Direct care staff shall be employed

for direct care of maternity home residents (residents include mothers and

infants as well as any children or dependents of staff members who live or are

cared for in the home).  There shall be at least one direct care staff member

assigned for every eight residents during waking hours and one direct care

staff member for every twelve residents during sleeping hours.  Additional

direct care staff or other personnel shall be available to assist with

emergency situations or special needs of the residents.

(d)  Direct Care Supervisory Staff.  There shall be at least

one direct care supervisor for every 15 direct care staff members.

(e)  Volunteers and Interns.  If the maternity home uses

volunteers or interns to work directly with residents, the requirements of 10A

NCAC 70F .0207 apply.

(f)  Additional Personnel Requirements.  In addition to

those requirements specified in 10A NCAC 70F .0207, the following rules are

applicable to maternity home programs:

(1)           Health Examinations.  All direct care

staff, food service staff and anyone serving in the capacity of direct care

staff and food service staff shall have a medical examination completed by a

physician, physician's assistant, or nurse practitioner, hereafter referred to

as "licensed medical provider," within at least 12 months before

beginning employment and biennially thereafter.  The agency shall maintain

documentation that all direct care staff and food service staff or anyone

serving in the capacity of direct care staff and food service staff have had a

TB skin test or chest x-ray prior to employment unless contraindicated by a

licensed medical provider.  A medical history form shall be completed by all

direct care staff and food service staff.  Examinations must include tests

necessary to determine that the staff member is able to carry out assigned

duties and does not have any communicable disease or condition which poses risk

of transmission in the facility.  A report of each examination shall be made a

part of the employee's personnel file.  A medical examination report shall be

completed on any adopted children or relative children of direct care staff

residing in the maternity home within 12 months prior to the license date.  The

birth children of direct care staff who reside in the maternity home shall be

tested for TB only if one or more of the parents tests positive for TB.  There

shall be documentation that adopted children or other relative children

residing in the maternity home have had a TB skin test or chest x-ray prior to

initial licensure unless contraindicated by a licensed medical provider.  A

medical examination and TB test, if required, shall be completed on any

children or relative children of direct care staff who subsequently begin

residing in the maternity home.  Examinations shall include tests necessary to

determine that the children or relative children of staff members who reside in

the maternity home do not have any communicable diseases or conditions which

pose risk of transmission in the facility.  A medical history form shall be

completed on any children or relative children of direct care staff who reside

in the living unit.  Medical examination reports and medical history forms of

children of the residents residing the maternity home shall be maintained in

the personnel file of their parent or relative.

(2)           Staff Development.  The maternity home

staff shall have a written staff development plan which provides staff training

in the following areas:

(A)          medical, physical, and psychological aspects of

pregnancy;

(B)          prenatal and postnatal care;

(C)          developmental needs of adolescents and young adults;

(D)          developmental needs of infants and children;

(E)           parenting preparation classes;

(F)           stages of growth in infants;

(G)          day-to-day care of infants;

(H)          disciplinary techniques for infants, children and

adolescents;

(I)            education planning;

(J)            job seeking skills;

(K)          locating housing;

(L)           money management;

(M)         food management;

(N)          child care;

(O)          health education;

(P)           stress management;

(Q)          life skills;

(R)          decision making;

(S)           substance abuse;

(T)           pregnancy prevention;

(U)          counseling skills;

(V)          emergency medical care; and

(W)         nutrition and food preparation.

(3)           A residential maternity home shall ensure

that a staff member trained in cardiopulmonary resuscitation (CPR) and first

aid, such as those provided by the American Red Cross, the American Heart

Association or equivalent organizations, is always available to the clients in

care; and that direct care service personnel shall receive training in first

aid and CPR within the first 30 days of employment.  Training in CPR shall be

appropriate for the ages of clients in care.  First aid and CPR training shall

be updated as required by the American Red Cross, the American Heart

Association or equivalent organizations.

 

History Note:        Authority G.S. 131D-10.10; 143B-153;

Eff. February 1, 1986;

Amended Eff. June 1, 1990;

RRC Objection Eff. April 15, 1993 Due to Lack of

Statutory Authority;

Amended Eff. August 1, 2011; August 1, 2010; November 1,

2009; October 1, 2008; July 2, 1993.

 

10A NCAC 70K .0202       SERVICES

(a)  A maternity home shall have a written statement of

purpose and objectives, services offered, eligibility requirements, application

procedures, and procedures for implementing all services.  This information

shall be available to persons or agencies making inquiries.

(b)  Social Services.  The maternity home shall provide

admission, residential, and discharge services to applicants, residents in

care, and their families or legal custodians, as follows: 

(1)           Admission services shall include an

assessment of the need for maternity home care, for specific services for the

applicant's individual needs, and shall include information to determine if the

maternity home's program of care and services can meet these needs.

(2)           When an applicant who lives out of state is

being considered for admission and the applicant is under the age of eighteen

years, the provisions of the North Carolina interstate placement laws (G.S.

7B-3800 et. seq.) shall be met.

(3)           Staff responsibility shall be established

for decisions on admissions.

(4)           Applicants or legal custodians shall

complete a written application before or upon admission. Written agreements

shall be made concerning release of information, medical care, and fees for

care and services.

(5)           An applicant accepted for care shall be

referred to and have a working agreement with a licensed child-placing agency

or county department of social services of the applicant's choice for planning

and decision making in relation to her baby.  No maternity home staff member

shall directly or indirectly assume responsibility for placement of children

for adoption.

(6)           Residential services throughout the period

of care shall include counseling for each resident and her family.

(7)           Each resident shall have the opportunity to

talk privately with staff, family members, friends and social workers from

child-placing agencies or county departments of social services and to express

grievance.

(8)           Each resident shall have assistance as

requested in making the best use of her time in the maternity home, adjusting

to the living situation, accessing all services needed, resolving personal and

family problems, and planning for discharge.

(9)           Discharge services for residents shall

include planning for living arrangements, employment or education, and for

those residents planning to keep their babies, preparation for parenthood and

support services for single parents.

(c)  Psychological and Psychiatric Services.  Arrangements

shall be made for a resident to have the services of a psychologist or a

psychiatrist, if necessary, as well as for consultation for the staff providing

care and services to the resident.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. February 1, 1986;

Amended Eff. October 1, 2008.

 

10A NCAC 70K .0203       CASE RECORD

A confidential case record shall be maintained for each

resident which includes:

(1)           a completed application for admission and

services with identifying information about the resident;

(2)           a summary of the referral source, background

information about the resident, and an assessment of the services needed;

(3)           a complete medical and obstetrical history

and examination before or within one week after admission to the home;

(4)           record of medical and dental services

received;

(5)           authorization for medical care for minors;

(6)           authorization for receiving or sending

information concerning the resident;

(7)           copy of financial agreements;

(8)           a copy of the agreement with the licensed

child placing agency or county department of social services providing services

to the resident;

(9)           case plan or out-of-home family services

agreement;

(10)         visitation and contact plan including type,

duration, location both on-site and off-site, and frequency, as well as any

rationale for restrictions on family involvement; the facility shall maintain

documentation of all family time;

(11)         date of admission to the maternity home and

documentation of services provided including hospital care and delivery dates;

(12)         date, time and circumstances of discharge

from the maternity home and the resident's plans for herself and baby; and in

the case of minors the name, relationship and signature of the individual the

resident was released to;

(13)         correspondence and contacts with other

persons or agencies concerning the resident; and

(14)         signed acknowledgement of client rights.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. February 1, 1986;

Amended Eff. October 1, 2008.

 

10A NCAC 70K .0204       PROGRAM OF CARE

(a)  The program of care shall be suited to the needs of

adolescent and adult women experiencing an unplanned pregnancy.  There shall be

opportunity provided for private time, for family contacts, and for group fellowship.

(b)  The residents shall be free from duress to make their

own decisions about releasing or keeping their babies.

(c)  The residents shall be provided confidentiality

concerning their situations and protection from harm insofar as possible.

(d)  Educational opportunities shall be provided or arranged

by the residential maternity home in accordance with the needs of individual

residents and resources available in the community.  For those residents who

are required to attend school under the compulsory school attendance laws of North Carolina, the maternity home shall arrange for attendance in a public or a nonpublic

school which is operated in accordance with the laws of North Carolina.  If a

school or educational program is maintained and operated by the maternity home

which residents attend in lieu of attending public schools, the maternity home

shall comply with the North Carolina General Statutes governing nonpublic

schools. Opportunity shall be offered to residents who wish to participate in

educational courses available in the community.

(e)  Health education including information about pregnancy,

delivery, and family planning services shall be provided residents.  Information

about the care of infants shall be made available to the residents who want

this information.

(f)  Recreational activities shall be provided which meet

the needs of residents.  Suitable space shall be provided at the maternity home

for both indoor and outdoor activities.  Participation in community activities

shall be provided. 

(g)  Work assignments in the maternity home shall be geared

to the physical health and emotional well-being of the residents in care.

Residents shall be given the opportunity to voluntarily seek paid employment

when employment is in accordance with the recommendation of their licensed

medical provider and other professional staff of the maternity home.  No

resident shall be required to work for the purpose of paying the maternity home

for her care.

(h)  The maternity home shall define in writing and make

available to applicants and residents those rules and regulations which the

residents shall be expected to follow.  These rules and regulations shall

respect the personal freedom of the residents.  These rules and regulations

shall not infringe on the residents' rights to send and receive uncensored mail

and for planned visits with their families and others.  Visitors shall not be

allowed to visit minors without prior consent of the parents or guardian, or

legal custodian.

(i)  Nutritious, foods shall be provided in the variety and

amounts necessary to meet the National Research Council's Recommended Daily

Dietary Allowances (USDA Center for Nutrition Policy and Promotion, 1120 20th Street,

NW, Suite 200N, Washington, DC  20036).  Special diets shall be planned to meet

the modified needs of individual residents as prescribed by a licensed medical

provider. Menus shall be planned and written by, or in consultation with, a

licensed dietician/nutritionist.  Menus shall be planned and written at least

one week in advance.  Snacks shall be recorded on the regular menu.

(j)  Each resident shall be provided prenatal care and

general health care by a licensed medical provider which includes:

(1)           a complete medical and obstetrical history

and examination before or within one week after admission to the home;

(2)           periodic examinations during pregnancy as

outlined by the licensed medical provider;

(3)           dental services as needed; and

(4)           medical services as needed.

(k)  Each resident shall be provided delivery care in a

licensed hospital or any facility licensed as a place for delivery of babies.

(l)  All prescription and non prescription medicines shall

be stored in a locked cabinet, closet or box not accessible to residents.  The

agency shall have written policies and procedures regarding staff administering

medications to residents that shall be discussed with each resident and their

parents or guardian, or legal custodians (if resident is a minor) prior to or

upon placement.  These policies and procedures shall address:

(1)           medication administration;

(2)           medication dispensing;

(3)           packaging, labeling;

(4)           storage and disposal;

(5)           review;

(6)           education and training; and

(7)           documentation, including medication orders,

Medication Administration Record (MAR); orders and copies of lab tests; and, if

applicable, administration errors and adverse drug reactions.

The residential maternity home shall maintain a MAR for each resident that documents all medications administered. Upon discharge of a resident,

the residential maternity home shall return prescription medications to the

resident or person or agency legally authorized to remove the minor from

residential maternity care.  The residential maternity home shall provide oral

or written education to the resident or person or agency legally authorized to

remove the minor from residential maternity care regarding the medications. 

Unwanted, out-dated, improperly labeled, damaged, adulterated or discontinued

prescription medications shall be returned to a pharmacy for disposal.

(m)  The residential maternity home shall ensure that first

aid kits are available for immediate use in each living unit, recreation area

and in vehicles to transport residents.  A residential maternity home shall

obtain a mouthpiece and other precautionary equipment for administering CPR to

the residents.

(n)  When residents return to the maternity home, post

delivery care shall be available to the residents in accordance with the recommendations

of the resident's licensed medical provider and the professional staff of the

maternity home.  A resident shall not be required to remain in the maternity

home after medical discharge.  Referral to a licensed medical provider or

medical clinic or community family planning resource shall be made if requested

by the resident.

(o)  A resident and her infant may be considered for

aftercare if the resident was in residential care prior to delivery.

(p)  The period of aftercare for the resident and her child

shall not exceed 12 consecutive months, during which time a plan for

independent living shall be developed with the resident and assistance provided

in achieving the goal of the plan within the designated time frame.

(q)  Services provided for the plan of independent living

shall include:

(1)           parenting preparation classes;

(2)           stages of growth in infants, children and

adolescents;

(3)           day-to-day care of infants, children and

adolescents;

(4)           disciplinary techniques for infants,

children and adolescents;

(5)           education planning;

(6)           job seeking skills;

(7)           locating housing;

(8)           money management;

(9)           food management;

(10)         child-care;

(11)         health education;

(12)         stress management;

(13)         life skills;

(14)         decision making;

(15)         substance abuse;

(16)         pregnancy prevention; and

(17)         other services based on the needs of the

resident.

(r)  A case record shall be maintained at the maternity home

for each resident which includes documents concerning all social work, counseling,

medical, psychological, and dental services, as well as any other services

provided to each resident.

 

History Note:        Authority G.S. 131D-1; 143B-153;

Eff. February 1, 1986;

Amended Eff. November 1, 2009; October 1, 2008; June 1, 1990.

 

10A NCAC 70K .0205       PHYSICAL FACILITIES

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. February 1, 1986;

Amended Eff. June 1, 1990;

 Repealed Eff. October 1, 2008.

 

10A NCAC 70K .0206       CASE PLAN OR OUT-OF-HOME FAMILY SERVICES

AGREEMENT

(a)  A residential maternity home shall develop a written

case plan or out of home family services agreement within 30 days of a resident's

admission to the maternity home.  The case plan or out of home family services

agreement shall be developed in cooperation with the resident, her parents or

guardian or the legal custodian.  The case plan or out-of-home family services

agreement shall be based upon an assessment of the needs of the resident.  The

case plan or out-of-home family services agreement shall include:

(1)           goals stated in specific, realistic, and

measurable terms; and

(2)           plans that are action oriented, including

specific responsibilities of the resident, the residential maternity home, the

parents or guardians, other family members, legal custodians and other agencies

that are providing services to the resident.

(b)  The case plan or out-of-home family services agreement

shall be reviewed within 60 days of placement, the second case plan or

out-of-home family services agreement review shall occur within 90 days of the

first review and subsequent reviews shall be held every six months.  The

resident, parents or guardians or legal custodians as well as any individual or

agency providing services shall participate in the reviews to determine the

resident's progress or lack of progress towards meeting the goals and

objectives, and to determine changes that need to be made in the case plan or

out-of-home family services agreement.

(c)  If the legal custodian is a county department of social

services, the residential maternity home, the department of social services,

parents or guardian, and resident shall develop a single out-of-home family

services agreement.   The residential maternity home shall attend court

reviews, child and family team meetings, agency reviews and permanency planning

action team meetings.  The Out-of-Home Family Services Agreement (DSS-5240 or

DSS-5241) and the Transitional Living Plan (CARS Plan Review) may serve as the

out-of-home family services agreement for the maternity home if the documents

reflect input and participation by the maternity home.  Maternity homes shall

follow the same timeframes for completing these documents as described in

Paragraph (b) of this Rule.

 

History Note:        Authority G.S. 131D-1; 143B-153;

Eff. October 1, 2008.

 

10A NCAC 70K .0207       CLIENT RIGHTS

(a)  A residential maternity home shall develop and

implement policies and procedures to protect the individual rights and dignity

of residents and family members who are provided services by the agency.

(b)  A residential maternity home shall have a client's

rights policy, which includes that each resident has the right to:

(1)           be treated with dignity and respect;

(2)           be free from coercion and influence in

deciding to parent her baby or release for adoption;

(3)           privacy;

(4)           be provided adequate food, clothing and

shelter;

(5)           have access to family time and have

telephone conversations with family members and other individuals, when not

contraindicated in the visitation and contact plan;

(6)           have personal property and a space for

storage;

(7)           express opinions on issues concerning the

resident's care or treatment;

(8)           receive care in a manner that recognizes

variations in cultural values and traditions;

(9)           be free from coercion by agency staff with

regard to religious or cultural decisions.  The agency shall have a process to

assure that, whenever practical, the wishes of the resident and the parents of

minors with regard to religious and cultural participation are ascertained and

followed;

(10)         not be identified in connection with

publicity for the agency which shall bring the resident, or  resident's family

embarrassment;

(11)         give written permission before pictures or

other means of identifying residents are used in publicity or public relations

for the maternity home (if the resident is a minor, written permission shall be

obtained from the parents, guardian or the legal custodian); and

(12)         not be forced to acknowledge dependency on

or gratitude to the agency.

(c)  A residential maternity home shall have a policy that

prohibits direct involvement by a resident in funds solicitation for the

agency.

(d)  A residential maternity home shall have a policy, which

prohibits the resident's participation in any activities involving audio or

visual recording and research without the voluntary signed, time‑limited

consent of the resident and, if applicable, the resident's parents, guardian or

legal custodian.

 

History Note:        Authority G.S. 131D-1; 143B-153;

Eff. October 1, 2008.

 

10A NCAC 70k .0208       GRIEVANCE PROCEDURES

(a)  A residential maternity home shall provide to each

resident, parents, guardians or legal custodians of minors, upon placement:

(1)           a written description of policies and

procedures that the resident her parents, guardian or legal custodian  follows

to register complaints;

(2)           information about resident's and family's'

rights;

(3)           the process for appealing a decision or

action of the agency; and

(4)           the process of resolution of a complaint.

(b)  Upon resolution of a grievance, the agency shall

maintain a copy of the complaint and the resolution in the resident's case

record.

 

History Note:        Authority G.S. 131D-1; 143B-153;

Eff. October 1, 2008.

 

10A NCAC 70k .0209       SEARCHES

(a)  A residential maternity home shall have written

policies and procedures regarding staff conducting searches of resident's rooms

and possessions that shall be discussed with each resident and, if applicable,

their parents, guardians or legal custodians prior to or upon placement.

(b)  The search policies and procedures shall include:

(1)           circumstances under which searches are

conducted;

(2)           persons who are allowed to conduct

searches;

(3)           provision for removing and disposing of

items seized as a result of searches; and

(4)           provision for documenting searches.

 

History Note:        Authority G.S. 131D-1; 143B-153;

Eff. October 1, 2008.

 

10A NCAC 70K .0210       CRITICAL INCIDENTS AND CRITICAL INCIDENT REPORTS

(a)  A maternity home shall have written policies and

procedures for handling and reporting critical incidents.

(b)  The maternity home shall have and follow policies and

procedures for handling any suspected incidents of abuse or neglect of a

resident involving staff, subcontractors, volunteers or interns in a facility

supervised by the maternity home.  The policies and procedures shall include:

(1)           a provision for reporting any  suspicions

of abuse or neglect to the appropriate county department of social services for

investigation;

(2)           a provision for recording any suspected

incident of abuse or neglect and for promptly reporting it to the executive

director or to the governing body; 

(3)           a provision for notifying the parents,

guardian, or legal custodian, if applicable;

(4)           a provision for preventing a recurrence of

the alleged incident pending the investigative assessment;

(5)           a policy concerning personnel action to be

taken when the incident involves a staff member, subcontractor, volunteer or

intern;

(6)           a provision for submitting a critical

incident report to the licensing authority within 72 hours of the incident

being accepted for an investigative assessment by a county department of social

services; and

(7)           a provision for submitting written

notification to the licensing authority within 72 hours of the case decision by

the county department of social services conducting the investigative

assessment.

(c)  Critical incident reports shall be submitted to the

licensing authority by the executive director or his/her designee on a form

developed by the licensing authority within 72 hours of the critical incident. 

Critical incidents include the following of   a resident in placement:

(1)           a death of a resident;

(2)           reports of abuse and neglect;

(3)           admission to a hospital as a result of

injury or serious medical condition;

(4)           suicide attempt;

(5)           runaway lasting more than 24 hours; and

(6)           arrest for violations of state, municipal,

county or federal laws.

(d)  Documentation of the critical incident shall include:

(1)           name of resident or residents involved;

(2)           date and time of incident;

(3)           brief description of incident;

(4)           action taken by staff;

(5)           need for medical attention;

(6)           name of staff involved and person

completing the report;

(7)           name of resident's parents, guardian or

legal custodian, if applicable, notified and date and time of notification; and



(8)           approval of supervisory or administrative

staff reviewing the report.

(e)  When there is a death of a resident in placement the

executive director or his/her designee shall notify the parents, guardian, or

legal custodian, if applicable, and the licensing authority with 72 hours.

(f)  Critical incident reports shall be maintained in a

manner consistent with the agency's risk management policies that include

clinical decisions and activities undertaken to identify, evaluate and reduce

the risk of injury to residents, staff and visitors and reduce the risk of loss

to the agency and shall be made available to the licensing authority upon

request..

 

History Note:        Authority G.S. 131D-1; 143B-153;

Eff. October 1, 2008.

 

SECTION .0300 – PHYSICAL PLANT

 

10A NCAC 70K .0301       APPLICATION OF PHYSICAL PLANT

REQUIREMENTS

(a)  New construction and existing buildings proposed for

use as a residential maternity home shall comply with the requirements of this

Section.

(b)  Except when otherwise specified, existing licensed

homes or portions of existing licensed homes shall meet licensure and code

requirements in effect at the time of construction, initial licensure, change

in service, change in resident capacity or evacuation capability of the

residents, addition, renovation or alteration.

(c)  New additions, alterations, modifications and repairs

made to the building shall meet the requirements of this Section.

(d)  A residential maternity home shall not have two

different types of occupancies, as defined in the State Building Code in the

same building.

(e)  Rules contained in this Section are the Physical Plant

requirements and do not prohibit buildings, systems or operational conditions

that exceed these requirements.

(f)  Equivalency:  Alternate methods, procedures, design

criteria and functional variations from the physical plant requirements shall

be approved by the Division of Health Service Regulation when the facility can

demonstrate to the Division of Health Service Regulation's satisfaction, that

the intent of the physical plant requirements are met and the variation does

not reduce the safety or operational effectiveness of the facility.

(g)  The facility must comply with all applicable local,

state and federal regulations.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. October 1, 2008.

 

10A NCAC 70K .0302       DESIGN AND CONSTRUCTION

(a)  Any building licensed for the first time as a

residential maternity home shall meet the applicable requirements of the North

Carolina State Building Code.  All new construction, additions and renovations

to existing buildings shall meet the occupancy requirements of the North

Carolina State Building Code as determined by the Division of Health Service

Regulation, Construction Section based on the number and age of the mothers,

the number of infants and any other dependents of either the expecting mothers

or the live-in staff.  The North Carolina State Building Code, which is

incorporated by reference, including all subsequent amendments can be purchased

for one hundred six dollars and twenty-five cents ($106.25) at the following

web site:

(http://www.ncdoi.com/OSFM/Engineering/CodeServices/engineering_codeservices_sales.asp) or calling 919-681-6550.

(b)  Mobile homes, whether mobile or permanently situated,

shall not be used for residential maternity home facilities.

(c)  Each residential maternity home shall be planned,

constructed, equipped and maintained to provide the services offered in the

home.

(d)  Any existing building converted from another use to a

residential maternity home shall meet all the requirements of a new facility.

(e)  Any existing licensed residential maternity home when

the license is terminated for more than 60 days shall meet all requirements of

a new home prior to being relicensed.

(f)  Any existing licensed residential maternity home that

is closed or vacant for more than one year shall meet all requirements of a new

facility prior to being relicensed.

(g)  Any existing licensed residential maternity home that

plans to have new construction, remodeling or physical changes done to the

facility shall have drawings submitted by the owner or his appointed

representative to the Division of Health Service Regulation for review and

approval prior to commencement of the work.

(h)  The applicant for a residential maternity home shall

consult the local code enforcement official for information on required permits

and building code requirements before starting any construction or renovations.

(i)  If the building is two stories in height, and is

classified as a Residential Occupancy, it shall meet the following

requirements:

(1)           Infants or children less than six years old

shall not be housed on any floor other than the level of exit discharge.

(2)           A complete fire alarm system with pull

stations on each floor and sounding devices which are audible throughout the

building shall be provided.  The fire alarm system shall be able to transmit an

automatic signal to the local emergency fire department dispatch center, either

directly or through a central station monitoring company connection.

(j)  The basement and the attic shall not to be used for

storage or sleeping.

(k)  The ceiling shall be at least seven and one-half feet

from the floor.

(l)  All windows shall be maintained operable.

(m)  The sanitation, water supply, sewage disposal and

dietary facilities shall comply with the rules of the North Carolina Commission

for Public Health which are incorporated by reference, including all subsequent

amendments.  The "Rules Governing the Sanitation of Hospitals, Nursing

Homes, Adult Care Homes and Other Institutions", 15A NCAC 18A .1300 and

the "Rules Governing Sanitation of Residential Care Facilities" 15A

NCAC 18A .1600 are available for inspection at the Department of Environment

and Natural Resources, Division of Environmental Health, 2728 Capital

Boulevard, Raleigh, North Carolina.  Copies may be obtained from Environmental

Health Services Section, 1632 Mail Service Center, Raleigh, North Carolina 27699-1632 at no cost.

(n)  The residential maternity home shall request and obtain

current inspections from the local sanitarian and the local fire inspector. 

Reports of such inspections shall be maintained in the facility and available

for review and shall be submitted to the licensing authority with the licensure

renewal application.

 

History Note:        Authority G.S. 131D-1; 143B-153;

Eff. October 1, 2008;

Amended Eff. November 1, 2009.

 

10A NCAC 70K .0303       LOCATION

(a)  A residential maternity home shall be in a location

approved by local zoning boards.

(b)  The home shall be located so that hazards to the

residents are minimized.

(c)  The site of the home shall:

(1)           be accessible by streets, roads and

highways and be maintained for motor vehicles and emergency vehicle access;

(2)           be accessible to fire fighting and other

emergency services;

(3)           have a water supply, sewage disposal

system, garbage disposal system and trash disposal system approved by the local

health department having jurisdiction;

(4)           meet all local ordinances; and

(5)           be free from exposure to pollutants known

to the applicant or licensee. 

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. October 1, 2008.

 

10A NCAC 70K .0304       LIVING ARRANGEMENT

A residential maternity home shall provide living

arrangements to meet the individual needs of the residents, the live‑in

staff and their children or relative children.  There shall be a designated

room for residents to talk privately with staff and to receive visitors. 

 

History Note:        Authority G.S. 131D‑1; 143B‑153;



Eff. October 1, 2008.

 

10A NCAC 70K .0305       LIVING ROOM

(a)  Residential maternity homes shall have a living room

area of a minimum of 200 square feet for a capacity of six or fewer residents

and 15 square feet per additional resident.

(b)  All living rooms shall have operable windows that meet

the North Carolina State Building Code and be lighted to provide 30 foot

candles of light at floor level.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. October 1, 2008.

 

10A NCAC 70K .0306       DINING ROOM

(a)  Residential maternity homes shall have a dining room or

area of a minimum of 120 square feet for a capacity of six or fewer residents

and 10 square feet per additional resident.  The dining room may be used for

other activities during the day.

(b)  When the dining area is used in combination with a

kitchen, an area five feet wide shall be allowed as work space in front of the kitchen

work areas and shall not be included in the required square footage.

(c)  The dining room shall have operable windows and be

lighted to provide 30 foot candles of light at the floor level.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. October 1, 2008.

 

10A NCAC 70K .0307       KITCHEN

(a)  The kitchen in a residential maternity home shall be

large enough to provide for the preparation and preservation of food and the

washing of dishes.

(b)  The kitchen floor shall have a non-slippery, water-resistant

covering.

(c)  The kitchen shall be approved by the local sanitarian

for the total number of residents (mothers, infants and any other children), as

well as any live-in direct care staff and their dependents.

 

History Note:        Authority G.S. 131D-1; 143B-153;

Eff. October 1, 2008;

Amended Eff. November 1, 2009.

 

10A NCAC 70K .0308       BEDROOMS

(a)  There shall be bedrooms sufficient in number and size

to meet the individual needs of the maternity home residents (residents include

mothers and their children), the live-in staff and their children or relative

children residing in the home. Residents shall not share bedrooms with staff or

the staff's' children or relative children.

(b)  Only rooms authorized by the Division of Health Service

Regulation, Construction Section by plan review or field inspection, shall be used

for bedrooms.

(c)  A room where access is through a bathroom, kitchen or

another bedroom shall not be approved for a resident's bedroom.

(d)  There shall be a minimum area of 100 square feet,

excluding vestibule, closet or wardrobe space, in rooms occupied by one mother

and a minimum area of 80 square feet per bed, excluding vestibule, closet or

wardrobe space, in rooms occupied by two mothers. There shall be additional

square footage of 40 square feet for each infant and toddler, 60 square feet

for each pre-school aged child and 80 square feet for each school aged child.

(e)  The total number of residents assigned to a bedroom

shall not exceed the number authorized by the Division of Health Service

Regulation, Construction Section, by plan review or field inspection, for that

particular bedroom.

(f)  A bedroom shall not be occupied by more than two

mothers along with any children or infants of those mothers.

(g)  Each resident bedroom shall have one or more operable

windows and be lighted to provide 30 foot candles of light at floor level.  The

window area shall be equivalent to at least eight percent of the floor space. 

The windows shall have a maximum of 44 inch sill height.  Each bedroom shall be

provided with a window that meets the North Carolina State Building Code for

emergency egress.  These windows shall be openable without the use of keys or

tools. 

(h)  Bedroom closets or wardrobes shall be large enough to

provide each mother with a minimum of 48 cubic feet of separate clothing

storage space (approximately two feet deep by three feet wide by eight feet

high) of which at least one-half shall be for hanging clothes with an

adjustable height hanging bar.  Additional closet or wardrobe space shall be

provided for the children of mothers at the rate of 10 cubic feet per child.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. October 1, 2008.

 

10A NCAC 70K .0309       BATHROOMS

(a)  Residential maternity homes shall have one full

bathroom for each five or fewer mothers and children, not including infants. 

Live-in staff shall have a separate bathroom from residents in care.

(b)  The bathrooms shall be designed to provide privacy.  A

bathroom with two or more water closets (commodes) shall have privacy

partitions for each water closet.  Each tub or shower shall have privacy

partitions or curtains.

(c)  Entrance to the bathroom shall not be through a kitchen,

another person's bedroom or another bathroom.

(d)  The required bathrooms of residents shall be located so

there is no more than 40 feet from any resident's bedroom door.

(e)  Hand grips shall be installed at all commodes, tubs and

showers used by the residents.

(f)  Non-skid surfacing or strips shall be installed in

showers and bath areas.

(g)  The bathrooms shall be lighted to provide 30 foot

candles of light at floor level and have mechanical ventilation at the rate of

two cubic feet per minute for each square foot of floor area.  These vents

shall be vented directly to the outdoors.

(h)  The bathroom floor shall have a non‑slippery,

water‑resistant covering.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. October 1, 2008.

 

10A NCAC 70K .0310       CORRIDORS

(a)  Corridors shall be a minimum clear width of three feet.

(b)  Corridors shall be lighted with night lights providing

one foot candle of light at the floor.

(c)  Corridors shall be free of all equipment and other obstructions.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. October 1, 2008.

 

10A NCAC 70K .0311       OUTSIDE ENTRANCES AND EXITS

(a)  In residential maternity homes, all floor levels shall

have at least two exits.  If there are only two, the exit or exit access doors

shall be so located and constructed to minimize the possibility that both may

be blocked by any one fire or other emergency condition.

(b)  At least one entrance and exit door shall be a minimum

width of three feet and another shall be a minimum width of two feet and eight

inches.

(c)  If the home has any resident who requires physical

assistance with evacuation, the home shall have at least one principal outside

entrance and exit for the resident's use which shall be at grade level or

accessible by ramp with a one inch rise for each 12 inches of length of the

ramp.  For the purposes of this Rule, a principal outside entrance or exit is

one that is most often used by residents for vehicular access. 

(d)  All exit door locks and latches shall be easily

operable from the inside at all times without keys.  

(e)  All entrances and exits shall be free of all

obstructions or impediments to allow for full instant use in case of fire or

other emergency.

(f)  All steps, porches, stoops and ramps shall be provided

with handrails and guardrails.

(g)  Outdoor stairways and ramps shall be illuminated by no

less than five foot candles of light at grade level.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. October 1, 2008.

 

10A NCAC 70K .0312       LAUNDRY ROOM

Laundry facilities shall be provided. The laundry equipment

shall be located out of the living, dining and bedroom areas.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;



Eff. October 1, 2008.

 

10A NCAC 70K .0313       FLOORS

(a)  All floors shall be of smooth, non‑skid material

and constructed to be easily cleanable.

(b)  All floors shall be kept in good repair.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. October 1, 2008.

 

10A NCAC 70K .0314       HOUSEKEEPING AND FURNISHINGS

(a)  Each residential maternity home shall:

(1)           have walls, ceilings, and floors or floor

coverings kept clean and in good repair;

(2)           have no chronic unpleasant odors;

(3)           have furniture clean and in good repair;

(4)           be maintained in an uncluttered, clean and

orderly manner, free of all obstructions and hazards;

(5)           have a supply of bath soap, clean towels,

washcloths, sheets, pillow cases, blankets and additional coverings adequate

for resident use on hand at all times;

(6)           have television and radio, each in good

working order;

(7)           have curtains, draperies or blinds at

windows in resident use areas to provide for resident privacy;

(8)           have recreational equipment, supplies for

games, books, magazines and a current  newspaper available for residents; and

(9)           have at least one telephone that does not

depend on electricity or cellular service to operate.  Emergency telephone

numbers shall be posted at the telephone.

(b)           Each bedroom shall have the following furnishings

in good repair and clean for each mother:

(1)           a bed equipped with box springs and

mattress or solid link springs and no‑sag innerspring or foam mattress.

No day-bed, convertible sofa or other bedding of temporary nature shall be

used.  A water bed is allowed if requested by a resident and permitted by the

home.   Each bed is to have the following:

(A)          at least one pillow with clean pillow case;

(B)          clean top and bottom sheets on the bed, with bed

changed as often as necessary but at least once a week; and

(C)          clean bedspread and other clean coverings as needed;

(2)           a bedside type table and lamp;

(3)           chest of drawers or bureau when not

provided as built‑ins, or a double chest of drawers or double dresser for

two residents;

(4)           a wall or dresser mirror that can be used

by each resident;

(5)           a minimum of one comfortable chair (rocker

or straight, arm or without arms, as preferred by resident);

(6)           additional chairs available, as needed, for

use by visitors;

(7)           a light overhead of each bed or a lamp.  The

light shall provide a minimum of 30 foot‑candle power of illumination for

reading; and

(8)           cribs for each infant; children's beds for

other children of the mothers. 

(c)  The living room shall have functional living room

furnishings for the comfort of maternity home residents, with coverings that

are easily cleanable.

(d)  The dining room shall have the following furnishings:

(1)           tables and chairs to seat all residents

eating in the dining room; and

(2)           high chairs and booster seats for all

infants and children in the home.

(e)  This Rule shall apply to new and existing homes.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. October 1, 2008.

 

10A NCAC 70K .0315       FIRE SAFETY and Disaster Plan

(a)  Fire extinguishers shall be provided which meet these

requirements in a residential maternity home:

(1)           one five-pound or larger (net charge)

"A‑B‑C" type centrally located;

(2)           one five-pound or larger "A‑B‑C"

or "CO/2" type located in the kitchen; and

(3)           any other location as determined by the

code enforcement official.

(b)  The building shall be provided with smoke detectors as

required by the North Carolina State Building Code and heat detectors located

in the attic and connected to a dedicated sounding device. 

(c)  Any fire safety requirements required by city

ordinances or county building inspectors shall be met.

(d)  A written fire evacuation plan (including a diagrammed

drawing) which has the approval of the local code enforcement official shall be

prepared with a minimum of 1/8 inch high letters and posted in a central

location on each floor. The plan shall be reviewed with each resident on

admission and shall be a part of the orientation for all new staff.

(e)  There shall be at least four rehearsals of the fire

evacuation plan each year.  A residential maternity home shall maintain records

of rehearsals and copies furnished to the licensing authority upon request. 

The records shall include the date and time of the rehearsals, staff members

present and a short description of what the rehearsal involved.

(f)  Smoking is not be permitted in the residential

maternity home.

(g)  A written disaster plan shall be prepared and updated

at least annually and shall be maintained in the home.  This written disaster

plan requirement shall apply to new and existing homes.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. October 1, 2008.

 

10A NCAC 70K .0316       BUILDING SERVICE EQUIPMENT

(a)  The building and all fire safety, electrical,

mechanical and plumbing equipment in a residential maternity home shall be

maintained in a safe and operating condition.

(b)  There shall be a central heating system sufficient to

maintain 75 degrees F (24 degrees C) under winter design conditions.  Built-in

electric heaters, if used, shall be installed or protected to avoid hazards to

residents (mothers and children) and room furnishings.  Unvented fuel burning

room heaters and portable electric heaters are prohibited.

(c)  Air conditioning or at least one fan per resident

bedroom, living and dining areas shall be provided when the temperature in the

main center corridor exceeds 80 degrees F (26.7 degrees C).

(d)  The hot water tank shall be of such size to provide hot

water to the kitchen, bathrooms and laundry.  The hot water temperature at all

fixtures used by residents shall be maintained at a minimum of 100 degrees F

(38 degrees C) and shall not exceed 116 degrees F (46.7 degrees C).

(e)  All resident areas shall be well lighted for the safety

and comfort of the residents.  The minimum lighting required is:

(1)           30 foot candle of light for reading;

(2)           10 foot candle of light for general

lighting; and

(3)           one foot candle of light at the floor for

corridors at night.

(f)  Fireplaces, fireplace inserts and wood stoves shall be

designed or installed to avoid a burn hazard to residents (mothers and

children).  Solid fuel burning fireplace inserts and wood stoves shall be

labeled and approved by a third party testing agency accredited by the North

Carolina  Building Code Council for solid fuel heating equipment.

(g)  Gas logs may be installed if they are of the vented

type, installed according to the manufacturers' installation instructions,

approved through the local building department and protected by a guard or

screen to prevent residents and furnishings from burns.

(h)  This rule shall apply to new and existing residential

maternity homes.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff October 1, 2008.

 

10A NCAC 70K .0317       OUTSIDE PREMISES

(a)  The outside grounds of new and existing residential

maternity homes shall be maintained in a clean and safe condition.

(b)  Fences shall be kept in good repair and shall not

prevent residents or adult staff from exiting or entering freely or be

hazardous. 

(c)  Outdoor stairways and ramps shall be illuminated by no

less than five foot candles of light at grade level.

 

History Note:        Authority G.S. 131D‑1; 143B‑153;



Eff. October 1, 2008.

 

10A NCAC 70K .0318       VEHICLES USED FOR TRANSPORTATION OF

RESIDENTS

(a)  Vehicle Requirements for Transporting Residents.

(1)           Vehicles shall comply with all motor

vehicle laws and regulations for the State of North Carolina.

(2)           Motor vehicles shall be maintained in a

safe operating condition and shall be registered and inspected.

(3)           A first-aid kit shall be in all motor

vehicles.

(4)           The bed of an open body or a stake bed

vehicle shall not be used for transporting children.

(b)  Driver Requirements.  The name of and a copy of a valid

driver's license for each person transporting residents shall be maintained in

a separate file at the facility.

(c)  Safety Practices for Transporting Residents.

(1)           The interior of each vehicle shall be

maintained in a clean and safe condition with clear passage to operable doors.

(2)           The driver shall ensure that all passengers

follow North Carolina laws regarding seat belt usage and shall adhere to child

passenger restraint laws when transporting children.

(3)           The driver shall not transport more

persons, including children and adults, than allowed by the design capacity of

the vehicle.

(4)           Residents shall have at least one 30 minute

rest stop for every four hours of continuous travel.

(5)           Residents shall not be transported for more

than 10 hours in any 24-hour period.

(d)  Transportation Records.  Insurance verification and the

vehicle identification certificate shall be kept in the vehicle in accordance

with State law.  Emergency medical information shall be kept in the vehicle for

each resident occupying the vehicle.

(e)  Insurance.  If a residential maternity home's

transportation services are provided by a private individual, a firm under

contract, or by another arrangement, the facility shall maintain a file copy of

the individual's or firm's insurance coverage.

(f)  Emergency Transportation.  A residential maternity home

shall have a plan for transporting residents when emergency situations arise

that includes:

(1)           the need for immediate medical care;

(2)           picking residents up at school before the

end of the school day; and

(3)           transporting residents during adverse

weather conditions.

 

History Note:        Authority G.S. 131D-1; 143B-153;

Eff. November 1, 2009.