Section .0100 ‑ Foster Care Services ‑ General

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

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SUBCHAPTER 70B ‑ FOSTER CARE SERVICES

 

SECTION .0100 ‑ FOSTER CARE SERVICES ‑ GENERAL

 

10A NCAC 70B .0101       PURPOSE

The Children's Services Branch develops and carries out

either directly or through local agencies a program of foster care services

designed to preserve, rehabilitate, unite, reunite, and strengthen families;

and to provide substitute care for children who must be temporarily or

permanently separated from their natural families.

 

History Note:        Authority G.S. 108A‑24; 108A‑48;

108A‑49; 143B‑153;

Eff. February 1, 1976;

Readopted Eff. October 31, 1977;

Amended Eff. July 1, 1982; July 23, 1979.

10A NCAC 70B .0102       ELIGIBILITY

(a)  A county department of social services may determine a

child eligible for foster care assistance payments if the following factors are

established:

(1)           The child has been removed for any reason

from his own home or from the home of a specified relative by a judicial

determination and placed in foster care as a result of that determination;

(2)           The placement of the child in foster care

has occurred pursuant to a voluntary placement agreement entered into by the

parents or guardians of the child and such placement has not been in excess of 

90 consecutive days unless there has been a judicial determination by a court

of competent jurisdiction (within the first  90 days of such placement) to the

effect that such placement is in the best interest of the child.  If the

voluntary placement agreement is continued for the second 90 day period, a new

voluntary placement agreement must be completed and signed by all parties.  The

agency must file a juvenile petition and a hearing must be held before the end

of the second 90 day period, or the child must be returned home;

(3)           Responsibility for care and placement of

the child is designated to the county department of social services by either

the court order removing him from his home or by the voluntary placement

agreement signed by the parent or guardian;

(4)           The child lives in:

(A)          a foster care facility under the supervision of a

county department of social services and licensed by the Department of Health

and Human Services;

(B)          a private child caring institution which is licensed

or approved by the  Department of Health and Human Services and which is in

compliance with Title VI of the Civil Rights Act;

(C)          a private group home which is licensed or approved

by the  Department of Health and Human Services and which is in compliance with

Title VI of the Civil Rights Act;

(D)          a foster care facility which is under the auspices

of a licensed or approved private child caring institution, provided such

foster care services program has been licensed by the Department of Health and

Human Services and is in compliance with Title VI of the Civil Rights Act;

(E)           a foster care facility under the supervision of a

private child placing agency (including those providing adoption services) and

licensed by the  Department of Health and Human Services; or

(F)           a foster care facility located in another state,

provided such facility is in compliance with Title VI of the Civil Rights Act

and is licensed or approved in the other state, and provided such placement has

been approved under the appropriate interstate placement procedure;

(5)           The child is in need of care which is not

available in his own home or the home of a relative;

(6)           The child is less than 18 years of age and

is a full‑time student in a secondary school, or in the equivalent level

of vocational or technical training, and may reasonably be expected to complete

the program before reaching age 19; or

(7)           The child is less than 21 years of age and

is a full‑time student or has been accepted for enrollment as a full‑time

student for the next school term pursuing a high school diploma or its

equivalent, a course of study at the college level; or a course of vocational

or technical training designed to fit him for gainful employment.

(b)  Court action terminating parental rights shall not

render a child ineligible for foster care assistance benefits if that child is

otherwise eligible.  A child may be eligible for foster care assistance

benefits until the final decree of adoption is issued.

 

History Note:        Authority G.S. 108A‑24; 108A‑48;

108A‑49; 143B‑153;

Eff. July 1, 1982;

Amended Eff. April 1, 2003.

 

10A NCAC 70B .0103       foster care assistance payments

(a)  Foster care assistance payments include food, and

shelter, clothing, personal incidentals, and ordinary and necessary school and

transportation expenses.

(b)  County departments of social services may request

reimbursement for providing foster care assistance payments to eligible

children.

 

History Note:        Authority G.S. 108A‑24; 108A‑48;

108A‑49; 143B‑153;

Eff. July 1, 1982;

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

 

10A NCAC 70B .0104       RELATIONSHIP TO CHILD SUPPORT

ENFORCEMENT PROGRAM

(a)  The county director of social services must refer

recipients of foster care assistance payment to the child support enforcement

program except when the county director of social services determines that a

referral is not appropriate because one or more of the following circumstances

exists:

(1)           The establishment of paternity or the

securing of support is reasonably anticipated to result in:

(A)          physical harm to the child;

(B)          emotional harm to the child;

(C)          physical harm to the foster parent or other

caretaker with whom the child is living; or

(D)          emotional harm to the foster parent or other

caretaker with whom the child is living.

(2)           The child for whom support is sought was

conceived as a result of forcible rape or incest.

(3)           Legal proceedings for the adoption of the

child are pending before a court of competent jurisdiction.

(4)           The parent(s) is currently being assisted

by a public or licensed private social agency to resolve the issue of whether

to keep the child or relinquish him for adoption, and the discussions have not

gone on for more than three months.

(5)           A parent is already ordered by the court to

pay support.

(6)           The rights of both parents have been

terminated by consent or court proceeding and the child may be legally placed

for adoption by the county department of social services or a child placing

agency.

(b)  The county department's application for foster care

assistance payments shall operate to assign to the state and the county in

proportionate parts as described in General Statute 110‑135 all rights to

child support owed or paid for the eligible foster child by his parent.

(c)  The caretaker relative from whose home the child is

removed by voluntary placement agreement or court order shall be advised of the

assignment of support rights, and shall be asked to sign a statement that he

understands the assignment.  His refusal to sign, however, shall not render the

child ineligible for foster care assistance payments.

(d)  Referral to the county's IV‑D agency shall be

completed for all foster care assistance cases in which deprivation is caused

by absence of a parent, regardless of whether the paternity of a child born out

of wedlock has been established.

 

History Note:        Authority G.S. 108A‑24; 108A‑48;

108A‑49; 110‑128 through 141; 143B‑153;

Eff. July 1, 1982.

 

10A NCAC 70B .0105       GOALS AND STRATEGIES

(a)  The goal for each fiscal year commencing with the

fiscal year which begins on October 1, 2011 is that of all the children in

foster care receiving Title IV-E Foster Care Assistance the number of children

who remain in foster care in excess of 24 months will decrease by 1.5 percent.

(b)  The following steps shall be taken to achieve the goal stated

in (a) of this Rule.  The Department of Health and Human Services shall:

(1)           provide a preplacement preventive services

program designed to help children remain with their families;

(2)           provide a post placement reunification

services program designed to reunite children with their families in a timely

fashion;

(3)           maintain a statewide information system;

(4)           insure that there is an individual case

plan for each child in foster care;

(5)           insure that the status of each child is

reviewed no less frequently than once every six months;

(6)           institute procedural safeguards to assure

each child of a dispositional hearing in accordance with statutory

requirements; and

(7)           institute procedural safeguards with

respect to parental rights to be informed of changes in the child's placement

and to visit the child.

 

History Note:        Authority G.S. 108A-49; 143B-153; P.L. 96-272;

Temporary Rule Eff. October 1, 1982, for a Period of 92

Days to Expire on January 1, 1983;

Eff. January 1, 1983;

Amended Eff. October 1, 2011; June 1, 1990.

 

SECTION .0200 ‑ RESOURCE ITEMS TO SUPPORT SCHOOL

PARTICIPATION

 

10A NCAC 70B .0201       DEFINITIONS FOR SCHOOL PARTICIPATION

RESOURCE ITEMS

As used in this Section, unless the context requires

otherwise, the following terms shall have the meanings specified:

(1)           "Fees for membership in school sponsored

extracurricular activities" means fees or dues required for membership

clubs and activities such as music, language, vocational or athletic clubs,

honor societies, etc.

(2)           "Foster child" means an individual under

age 21 years of age who is living in a licensed or approved foster family home

or foster care facility and who is receiving foster care services.

(3)           "Participation in school" means the

pursuit of a high school diploma, an academic degree, or a competency in a

vocation or trade.

(4)           "School" means public and private schools

and educational programs covering grades kindergarten through 12; technical

institutes, and community colleges; Institutions of higher education whose

curriculum is directed toward education beyond the high school level; and

vocational and trade schools.

(5)           "Special clothes" mean clothes such as

gym suits, lab coats, band uniforms and other clothes which are required in

order for a student to participate in certain courses as dictated by the school

or in school sponsored athletic programs and other school sponsored

extracurricular activities.  Special clothes may be rented or purchased. 

Special clothes do not include regular clothing needed by individuals whether

or not they are attending school.

(6)           "Supplies" mean notebooks, writing paper,

pens, pencils, etc., which every student is expected to have to equip him to

participate successfully in classroom and homework assignments, supplies or

equipment as dictated by specified courses, an individual teacher or

instructor, and other items needed to support a foster child's participation in

school.

 

History Note:        Authority G.S. 108A‑25; 108A‑48;

143B‑153;

Eff. July 23, 1979;

Amended Eff. June 1, 1990.

 

10A NCAC 70B .0202       REIMBURSEMENT FOR SCHOOL PARTICIPATION

RESOURCE ITEMS

(a)  At county option, the following resource items may be

reimbursed in order to support a foster child's participation in school:

(1)           fees for membership in school sponsored extracurricular

activities, except that the cost of membership in organizations and activities

which may take place at school but which are sponsored by outside groups are

not reimbursable;

(2)           special clothes;

(3)           supplies.

(b)  The county department of social services with placement

authority must authorize the provision of the resource items.

(c)  Resource items may be purchased or rented through

either the cash or vendor payment method.

(d)  Reimbursement for allowable foster care services

resource items may be claimed in accordance with instructions issued by the

controller, in the form of manual material or county letters.

 

History Note:        Authority G.S. 108A‑25; 108A‑48;

143B‑153;

Eff. July 23, 1979;

Amended Eff. June 1, 1990.

 

section .0300 – risk assessment

 

10A NCAC 70B .0301       WHEN TO COMPLETE A RISK ASSESSMENT

(a)  For foster care services cases, the county director

shall complete a structured risk re-assessment and reunification assessment for

all cases in which family reunification is being considered as the permanent

plan.  If the court has relieved the agency of reunification efforts,

completion of a structured risk re-assessment and reunification assessment is

no longer required.  The findings of the risk re-assessment and reunification

assessment shall be used in developing a Family Services Case Plan with the

family.

(b)  For those cases in which children enter foster care and

reunification is the permanent plan, the structured risk re-assessment and

reunification assessment shall support the current case plan.

 

History Note:        Authority G.S. 7B-907; 143B‑153;

Eff. August 2, 1994;

Amended Eff. April 1, 2003.