subchapter 70E – licensing of family foster homes
SECTION .0100 - FOSTER Mutual HOME assessment
10A NCAC 70E .0101 PURPOSE
10A NCAC 70E .0102 METHOD OF MUTUAL HOME ASSESSMENT
10A NCAC 70E .0103 ASSESSMENT PROCESS
10A NCAC 70E .0104 USE OF REFERENCES
10A NCAC 70E .0105 PERIODIC REASSESSMENT OF HOME
History Note: Authority G.S. 131D, Art. 1A; 131D‑10.5;
143B‑153;
Eff. February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. July 18, 2002; May 1, 1990;
Repealed Eff. September 1, 2007.
10A NCAC 70E .0106 AGENCY FOSTER
PARENT AGREEMENT
History Note: Authority G.S. 131D‑10.5; 143B‑153;
Eff. July 1, 1983;
Amended Eff. July 18, 2002; May 1, 1990;
Repealed Eff. September 1, 2007.
section .0200 – forms
10A NCAC 70E .0201 LICENSE APPLICATION
10A NCAC 70E .0202 AGENCY FOSTER PARENTS' AGREEMENT
10A NCAC 70E .0203 DEPARTMENT
OF SOCIAL SERVICES INTERCOUNTY AGREEMENT
History Note: Authority G.S. 131D, Art. 1A; 131D-10.5;
143B‑153;
Eff. February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. July 18, 2002; May 1, 1990;
Repealed Eff. September 1, 2007.
SECTION .0300 –DEFINITIONS
10A NCAC 70E .0301 DEFINITIONS
10A NCAC 70E .0302 FAMILY FOSTER HOME: QUALIFICATIONS
History Note: Authority G.S. 131D, Art. 1A; 131D-10.3;
131D-10.5; 143B‑153;
Eff. July 1, 1982;
Temporary Amendment Eff. February 1, 2002;
Amended Eff. July 18, 2002;
Temporary Amendment Eff. July 1, 2003;
Amended Eff. August 1, 2004;
Repealed Eff. September 1, 2007.
SECTION .0400 – STANDARDS FOR LICENSING
10A NCAC 70E .0401 CLIENT RIGHTS AND CARE OF FOSTER
CHILDREN
10A NCAC 70E .0402 CRITERIA FOR THE FAMILY
10A NCAC 70E .0403 PHYSICAL FACILITY
History Note: Authority G.S. 131D‑10.5; 143B‑153;
Eff. July 1, 1982;
Amended Eff. May 1, 1990; May 1, 1994; July 1, 1983;
Temporary Amendment Eff. February 14, 2002;
Amended Eff. July 18, 2002;
Repealed Eff. September 1, 2007.
10A NCAC 70E .0404 LICENSING COMPLIANCE VISITS
History Note: Authority G.S. 131D-10.5; 143B-153;
Eff. July 1, 1983;
Amended Eff. July 18, 2002; July 1, 1997; May 1, 1990;
Repealed Eff. September 1, 2007.
10A NCAC 70E .0405 CRIMINAL HISTORIES
'
History Note: Authority G.S. 131D-10.5; 143B-153;
Temporary Adoption Eff. January 1, 1996;
Eff. April 1, 1997;
Temporary Amendment Eff. October 28. 1997;
Amended Eff. April 1, 1999;
Temporary Amendment Eff. February 1, 2002;
Amended Eff. July 18, 2002;
Repealed Eff. September 1, 2007.
section .0500 - LICENSING REGULATIONS AND PROCEDURES
10A NCAC 70E .0501 RESPONSIBILITY
10A NCAC 70E .0502 NEW LICENSES
10A NCAC 70E .0503 RENEWAL
10A NCAC 70E .0504 CHANGE IN FACTUAL INFORMATION ON THE
LICENSE
10A NCAC 70E .0505 TERMINATION
10A NCAC 70E .0506 REVOCATION or denial
10A NCAC 70E .0507 licensing authority FUNCTION
10A NCAC 70E .0508 KINDS OF LICENSES
10A NCAC 70E .0509 OUT‑OF‑STATE FACILITIES AND
FAMILY FOSTER HOMES
History Note: Authority G.S. 131D, Art. 1A; 131D-10.5;
143B‑153; (See S.L. 2002-164);
Eff. July 1, 1982;
Amended Eff. May 1, 1990; February 1, 1986; April 1,
1984; July 1, 1983;
Temporary Amendment Eff. February 1, 2002;
Amended Eff. July 18, 2002;
Temporary Amendment Eff. July 1, 2003;
Amended Eff. May 1, 2004 (this amendment replaces the
amendment approved by RRC on October16, 2003;
Repealed Eff. September 1, 2007.
10A NCAC 70E .0510 REPORTS OF ABUSE AND NEGLECT
History Note: Authority G.S. 131D‑10.5; 143B‑153;
Eff. April 1, 1987;
Amended Eff. July 18, 2002;
Repealed Eff. September 1, 2007.
10A NCAC 70E .0511 CRIMINAL HISTORY CHECKS
10A NCAC 70E .0512 TRAINING REQUIREMENTS
History Note: Authority G.S. 131D-10.3; 131D-10.5;
143B-153; S.L. 1993, c. 769, s. 25.11;
Temporary Adoption Eff. January 1, 1996 (Rule .0511);
Eff. April 1, 1997;
Temporary Amendment Eff. October 28, 1997;
Amended Eff. July 18, 2002; April 1, 1999;
Repealed Eff. September 1, 2007.
SECTION .0600 – GENERAL
10A NCAC 70E .0601 SCOPE
(a) The North Carolina Department of Health and Human
Services, Division of Social Services is the licensing authority for family
foster homes and therapeutic foster homes.
(b) The rules in this Subchapter apply to the licensing of
family foster homes and therapeutic foster homes and those persons who receive
children for the purpose of placement in family foster homes and therapeutic
foster homes.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0602 DEFINITIONS
Except when the context of the Rule indicates that the term
has a different meaning the following definitions shall apply to the rules in
Subchapter 70E:
(1) "Agency" means a child placing agency as
defined in G.S. 131D-10.2 that is authorized by law to receive children for
purposes of placement in foster homes or adoptive homes.
(2) "Family Foster Home" has the meaning as
defined in G.S. 131D-10.2(8).
(3) "Family Foster Care" means a planned,
goal-directed service in which the temporary protection and care of children
take place in a family foster home. Family foster care is a child welfare
service for children and their parents who must live apart from each other for
a period of time due to abuse, neglect, dependency, or other circumstances
necessitating out-of-home care.
(4) "Licensing Authority" means the North
Carolina Division of Social Services.
(5) "Owner" means any person who holds an
ownership interest of five percent or more of the applicant. A person includes
a sole proprietor, co-owner, partner or shareholder, principal or affiliate, or
any person who is the applicant or any owner of the applicant.
(6) "Supervising Agency" means a county
department of social services or a private child-placing agency that is
authorized by law to receive children for purposes of placement in foster homes
or adoptive homes. Supervising agencies are responsible for recruiting,
training, and supporting foster parents. Supervising agencies recommend the
licensure of foster homes to the licensing authority.
(7) "Therapeutic Foster Care" means a foster
home where the foster parent has received additional training in providing care
to children with behavioral mental health or substance abuse problems.
History Note: Authority G.S 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
SECTION .0700 – LICENSING REGULATIONS AND PROCEDURES
10A NCAC 70E .0701 licensing authority FUNCTION
(a) The supervising agency shall submit the licensing
application for family foster care and therapeutic foster care to the licensing
authority. When the licensing authority receives licensing materials, the
licensing authority shall review the licensing materials relative to standards,
policies, and procedures for licensing. The licensing authority shall
communicate with the supervising agency submitting the materials if additional
information, clarification or materials are needed to make a decision regarding
license approval.
(b) A license is valid for the period of time stated on the
license for the number of children specified and for the place of residence
identified on the license.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0702 RESPONSIBILITY
Each supervising agency providing foster care services shall
assess its applicants and licensees. Supervising agencies shall submit to the
licensing authority information and reports that are used as the basis of
either issuing or continuing to issue licenses.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. November 1, 2009.
10A NCAC 70E .0703 NEW LICENSES
(a) The supervising agency shall submit all licensing
materials to the licensing authority dated within 180 days prior to submitting
an application for a new license. The supervising agency shall submit medical
examinations of the members of the foster home to the licensing authority dated
within 12 months prior to submitting an application for a new license.
(b) The supervising agency shall submit all licensing
application materials required for a license to the licensing authority at one
time. The licensing authority shall return incomplete licensing applications
to the supervising agency.
(c) The licensing authority shall issue a new license, if
approved according to the rules in this Section, effective the date the
application and all required materials are received by the licensing authority.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. August 1, 2011; November 1, 2009.
10A NCAC 70E .0704 RELICENSURE AND RENEWAL
(a) Materials for renewing a license are due to the
licensing authority prior to the date the license expires.
(b) All relicensing materials shall be completed and dated
within 180 days prior to the date the supervising agency submits materials for
licensure to the licensing authority. Medical examinations of the members of
the foster home shall be completed and dated within 12 months prior to submitting
materials for relicensure.
(c) All relicensing materials shall be submitted at one
time to the licensing authority. The licensing authority shall return
incomplete relicensure applications to the supervising agency.
(d) If materials are submitted after the foster home
license expires, a license is issued by the licensing authority effective the
date the licensing materials are approved by the licensing authority.
(e) When a foster home license is terminated for failure to
submit relicensure materials, the licensing authority shall relicense the home
if the relicensure materials are submitted to the licensing authority within
one year of the date the license was terminated and all requirements are met.
After one year, the supervising agency shall submit a new licensure application
to the licensing authority.
(f) When a foster home license has been terminated in good
standing and the foster family wishes to be licensed again, the licensing
authority shall renew the license if there are no changes or the changes meet
the requirements of the Rules of this Section. The period of time for this
renewed license is from the date the request is received by the licensing
authority to the end date of the license period in effect when the license was
terminated.
(g) Unless previously licensed foster parents who have not
been licensed within the last 24 consecutive months demonstrate mastery of the
parenting skills listed in 10A NCAC 70E .1117(1) to the satisfaction of the
supervising agency and documented to the licensing authority, the foster
parents shall complete the 30 hours of pre-service training specified in 10A
NCAC 70E .1117(1).
(h) Unless previously licensed therapeutic foster parents
who have not been licensed within the last 24 consecutive months demonstrate
mastery of the therapeutic skills listed in 10A NCAC 70E .1117(2) to the
satisfaction of the supervising agency and documented to the licensing
authority, the therapeutic foster parents shall complete the 10 hours of
pre-service training specified in 10A NCAC 70E .1117(2).
(i) The supervising agency shall provide documentation to
the licensing authority that trainings for first aid, CPR, and universal
precautions are updated.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. August 1, 2011; November 1, 2009.
10A NCAC 70E .0705 CHANGE IN FACTUAL INFORMATION ON THE LICENSE
(a) A license may be changed during the time it is in
effect if the change is in compliance with licensing standards.
(b) The supervising agency shall submit supportive data to
the licensing authority for the following:
(1) changes in age range, number of children,
and sex; or
(2) change in residence
(c) A foster home license may not be changed to a
residential child-care facility license. The foster home license shall be
terminated and materials shall be submitted in accordance with 10A NCAC 70I or
10A NCAC 70J in order to be licensed as a residential child-care facility.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0706 foster home transfer procedures
(a) A foster home licensed and in good standing with the
licensing authority may transfer from the supervision of a county department of
social services or a private child-placing agency to the supervision of another
county department of social services or private child-placing agency upon
request. Procedures for transferring licenses include:
(1) the current supervising agency providing
copies of the most recent mutual home assessment, training, and licensing
documents to the receiving supervising agency;
(2) the current supervising agency notifying
the custodian(s) of the foster children placed in the home of the transfer;
(3) the receiving supervising agency notifying
the custodian(s) of the foster children placed in the home of the transfer;
(4) a Foster Care Facility License Action
Request Form from the previous supervising agency that is marked terminated
shall be submitted to the licensing authority;
(5) a Foster Care Facility License Action
Request Form from the receiving supervising agency that is marked new license
shall be submitted to the licensing authority;
(6) a cover letter from the previous
supervising agency stating they are aware of the transfer shall be submitted to
the licensing authority;
(7) a cover letter from the receiving
supervising agency requesting transfer shall be submitted to the licensing
authority; and
(8) a mutual home assessment written by the
receiving supervising agency shall be submitted to the licensing authority.
(b) The materials in Paragraph (a) of this Rule shall be
submitted to the licensing authority within 90 days after the foster parents
request to transfer to another supervising agency.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0707 TERMINATION
(a) Licenses terminate at the end of the two year license
period unless all relicensing materials have been received by the licensing
authority prior to the license expiration date.
(b) The licensing authority shall terminate a license
before the end of the two year license period if requested by the foster
parents.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. November 1, 2009.
10A NCAC 70E .0708 REVOCATION AND denial
(a) The licensing authority may revoke or deny licenses
when an agency authorized by law to investigate allegations of abuse or neglect
finds the foster parent has abused or neglected a child.
(b) The licensing authority may revoke or deny a license
when the foster home is not in compliance with licensing standards in this
Subchapter.
(c) The licensing authority shall base the revocation or
denial on the following:
(1) a child's circumstances;
(2) a child's permanency plan;
(3) the nature of the non-compliance; and
(4) the circumstances of the placement.
(d) Foster parents shall be notified in writing of the
reasons for the licensing authority's decision to revoke or deny a license.
When a license has been revoked, foster parents shall submit their license to
the supervising agency so it can be returned to the licensing authority.
(e) The licensing authority may revoke or deny licensure to
an applicant who has a finding that will place the applicant on the following:
(1) Health Care Personnel Registry pursuant to
G.S. 131E-256; or
(2) North Carolina Sex Offender and Public
Protection Registry pursuant to Article 27A Part 2 of G.S. 14.
(f) The licensing authority may also deny licensure to an
applicant under any of the following circumstances:
(1) the applicant was the owner of a licensable
facility or agency pursuant to Chapter 122C, Chapter 131D, or Article 7 of
Chapter 110 of the General Statutes, and that a facility or agency had its license
revoked;
(2) the applicant is the owner of a licensable
facility or agency and that facility or agency incurred a penalty for a Type A
or B violation under G.S. 122C, Article 3;
(3) the applicant is the owner of licensable
facility or agency that had its license summarily suspended or downgraded to
provisional status as a result of violations under G.S. 122C-24.1(a), or G.S.
131D, Article 1A, or had its license summarily suspended or denied under G.S.
110, Article 7;
(4) the applicant was the owner of a licensable
facility or agency pursuant to G.S. 122C, G.S. 131D, or G.S. 110, Article 7,
who voluntarily relinquished that facility or agency's license after the
initiation of revocation or summary suspension proceedings, or there is a
pending appeal of a denial, revocation, or summary suspension of that facility
or agency's license; or
(5) the applicant has as any part of its
governing body or management an owner who previously held a license that was
revoked or summarily suspended pursuant to G.S. 122C, G.S. 131D, or G.S. 110,
Article 7.
(g) The denial of licensure pursuant to Paragraph (f) of
this Rule shall be in accordance with G.S. 122C-23(e1) and G.S. 131D-10.3(h). A
copy of these statutes may be obtained through the internet at http://www.ncleg.net/Statutes/Statutes.html.
(h) Appeal procedures specified in 10A NCAC 70L .0301 are
applicable for persons seeking an appeal to the licensing authority’s decision
to revoke or deny a license. If the action is reversed on appeal, the
application shall be approved back to the date of the denied application if all
qualifications are met.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. December 1, 2009.
10A NCAC 70E .0709 KINDS OF LICENSES
(a) Full License. A full license shall be issued for no
more than two years when all licensing requirements are met.
(b) Provisional License.
(1) A provisional license shall be issued for
no more than six months while some below standard component is being corrected.
(2) A provisional license for the same below
standard program component shall not be renewed.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0710 OUT‑OF‑STATE FACILITIES AND FOSTER HOMES
The use of out‑of‑state residential child-care
facilities and foster homes for the placement of children in the custody of a North Carolina county department of social services shall be in accordance with the
following:
(1) Prior to placement into an out‑of‑state
foster home, group home, child-caring institution, maternity home or any other
residential child-care facility, the county department of social services
placing the child in the out-of-state facility shall determine that the foster
home, group home, child-caring institution, maternity home, or any other
residential child-care facility is licensed according to the standards of that
state.
(2) The county department of social services shall
monitor the licensing and relicensing of the out-of-state foster home, group
home, child-caring institution, maternity home or any other residential
child-care facility to ensure that no child for whom they have responsibility
is in an unlicensed foster home, group home, child-caring institution,
maternity home or any other residential child-care facility.
(3) The county department of social services shall
submit to the licensing authority written documentation that an out-of-state
foster home, group home, child-caring institution, maternity home or any other
residential child-care facility has been licensed and that an Interstate
Compact for the Placement of Children Form for the child to be placed out of
state has been signed by both states in order for the foster home, group home,
child-caring institution, maternity home or any other residential child-care
facility to be issued a license identification number for foster care
reimbursement purposes.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
SECTION .0800 - MUTUAL HOME ASSESSMENT
10A NCAC 70E .0801 PURPOSE
(a) The supervising agency shall conduct a mutual home
assessment study of the foster home to determine if the home meets the
requirements for licensure and is suitable for family foster care of children
needing family foster care services or therapeutic foster care of children
needing therapeutic foster care services.
(b) The supervising agency shall provide information to
applicants that will make it possible for the applicants to make a
knowledgeable decision about their interest in pursuing licensure. The
supervising agency shall learn enough about the applicants to determine whether
the applicants can meet the needs of children and care for children in
accordance with licensing requirements. The supervising agency shall also
learn enough about the applicants to determine the kind of child they can best
serve.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0802 METHOD OF MUTUAL HOME ASSESSMENT
(a) The mutual home assessment shall be carried out in a
series of planned discussions between the licensing worker of the supervising agency,
the prospective foster parent applicants and other members of the household.
The family shall be seen by the licensing social worker in the family's home
and in the supervising agency's office.
(b) In an application involving a single applicant, there
shall be two separate face-to-face interviews occurring on two different
dates. In an application involving joint applicants, there shall be a separate
face-to-face interview with each applicant and an additional two face-to-face
interviews with both applicants. The two face-to-face interviews shall occur
on two different dates. There shall be separate face-to-face interviews with
each member of the household 10 years of age or older. Training and group
sessions do not count as face-to-face interviews. The assessment process shall
be a joint effort of the supervising agency and the applicants to determine the
applicants' suitability for providing foster care and the kind of child the
applicants can best parent.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. August 1, 2011.
10A NCAC 70E .0803 ASSESSMENT PROCESS
(a) The supervising agency shall advise the applicants at
the first contact with the agency of the North Carolina licensing requirements
for foster care. The supervising agency shall make a decision whether to
continue a mutual home assessment.
(b) The supervising agency shall inform the applicants
about the services, policies, procedures, standards, and expectations of the
agency regarding the provision of foster care services. The applicants shall weigh
the responsibilities entailed in providing foster care services and make a
decision whether to continue a mutual home assessment.
(c) Mutual Assessment of the Home and the Family:
(1) The mutual home assessment shall be
presented and recorded in such a way that other staff of the supervising agency
can make use of the family as a resource for children. The assessment of the
home shall indicate whether the home is in compliance with licensing standards.
(2) A mutual home assessment shall include a
family history of applicants, including information about parents, siblings,
marriages and family support systems; ability to cope with problems, stress,
frustrations, crises, and loss; disciplinary methods used by the applicants'
parents; personal experiences of abuse and neglect and domestic violence;
criminal convictions; drug or alcohol abuse; emotional stability and maturity;
ability to give and receive affection; religious orientation, if any; and
educational and employment history.
(3) A mutual home assessment shall be made of
the applicants' skills and abilities to provide care for children as set forth
in 10A NCAC 70E .1104(a).
(4) All members of the household shall be
assessed with respect to their commitment to providing care for children.
(5) The foster home shall be assessed to
determine if there is space to accommodate the number of children recommended
for the license capacity.
(6) The foster home applicants shall be
assessed with respect to their willingness to participate in shared parenting
requirements.
(7) The foster home applicants shall be
assessed with respect to their financial ability to provide foster care.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0804 USE OF REFERENCES
References shall be used to supplement the information
obtained through interviews and observation regarding the applicants. All
adult members of the foster home shall provide three references to the
supervising agency.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0805 PERIODIC REASSESSMENT OF HOME
(a) A foster home shall be reassessed at least biennially.
(b) Reassessment shall include a mutual assessment with the
foster parents of their skills and abilities to provide care for children,
including ways in which they have been able to meet the needs of children
placed in their home and areas in which they need further development.
(c) Any changes in physical set up and in the foster
parents' capacities for providing foster care since the original home
assessment or previous reassessments shall be documented in the family's
record.
(d) Reassessment shall be used as a tool for relicensing
the home.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0806 AGENCY FOSTER PARENT AGREEMENT
The supervising agency Foster Parents Agreement, defining
each party's rights and obligations shall be reviewed and signed by the foster
parents and the licensing worker at the time of the initial licensing and no
less than biennially thereafter.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
section .0900 – forms
10A NCAC 70E .0901 LICENSE APPLICATION
Application for a license shall be made on a form provided
by the licensing authority. The supervising agency director or his/her
designee shall sign the form and thereby indicate both the home meets the
licensing standards, and the supervising agency intends to use the home in
accordance with the license and provide services to the foster parents. The
foster parents shall sign the application indicating their agreement with the
information provided, declaring it is true and accurate and understand that
according to G.S. 132-1, the information may be furnished to others upon
request. The form shall be submitted to the licensing authority at least
biennially.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0902 AGENCY FOSTER PARENTS' AGREEMENT
(a) Foster parents shall sign an agreement under which the
foster parents shall:
(1) allow the representative of the supervising
agency to visit the home in conjunction with licensing procedures, foster care
planning, and placement;
(2) accept children into the home only through
the supervising agency and not through other individuals, agencies, or
institutions;
(3) treat a child placed in the home as a
member of the family, and when so advised by the supervising agency, make every
effort to support, encourage, and enhance the child's relationship with the
child's parents or guardian;
(4) maintain continuous contact and exchange of
information between the supervising agency and the foster parents about matters
affecting the adjustment of any child placed in the home. The foster parents
shall agree to keep these matters confidential and discuss them only with the
supervising agency staff members, or with other professional people designated
by the agency;
(5) obtain the permission of the supervising
agency if the child is to be out of the home for a period exceeding two nights;
(6) report to the supervising agency any
changes in the composition of the household, change of address, or change in
the employment status of any adult member of the household;
(7) make no independent plans for a child to
visit the home of the child's parents, guardian, or relatives without prior
consent from the supervising agency;
(8) adhere to the supervising agency's plan of
medical care, both for routine care and treatment, and emergency care and
hospitalization; and
(9) provide any child placed in the home with
supervision at all times while the child is in the home, not leave the child
unsupervised, and adhere to the supervision requirements specified in the
out-of-home family services agreement or person-centered plan.
(b) The supervising agency shall sign an agreement under
which the supervising agency shall:
(1) assume responsibility for the overall
planning for the child and assist the foster parents in meeting their day‑to‑day
responsibility towards the child;
(2) inform the foster parents concerning the
agency's procedures and financial responsibility for obtaining medical care and
hospitalization;
(3) pay the foster parents a monthly room and
board payment, and if applicable, a respite care payment for children placed in
the home;
(4) discuss with the foster parents any plans
to remove a child from the foster home;
(5) give the foster parents notice before
removing a child from the foster home;
(6) visit the foster home and child according
to the out-of-home family services agreement or person-centered plan and be
available to give needed services and consultation concerning the child's welfare;
(7) respect the foster parents' preferences in
terms of sex, age range, and number of children placed in the home;
(8) provide or arrange for training for the
foster parents;
(9) include foster parents as part of the
decision-making team for a child; and
(10) allow foster parents to review and receive
copies of their licensing record.
(c) The agreement shall also contain any other provisions mutually
agreed by the parties.
(d) The foster parents and a representative of the
supervising agency shall sign and date the agreement initially and at each
relicensure. The foster parents and the supervising agency shall retain copies
of the agreements.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0903 DEPARTMENT OF SOCIAL SERVICES INTERCOUNTY AGREEMENT
(a) Before children are placed in a foster home in a county
(the supervising county) other than the county of their home (the responsible
county), the two county departments of social services shall agree in writing
that the supervising county shall:
(1) accept responsibility for supervising the
child;
(2) not initiate placement planning for the
child without prior agreement from the responsible county, except when an
emergency placement in another foster home or licensed facility is necessary;
(3) immediately inform the responsible county
when an emergency placement in another foster home or licensed facility
precludes prior approval;
(4) engage in no treatment or planning
relationship with the child's parents, guardian, or relatives, except upon
request of the responsible county;
(5) keep the case confidential; and
(6) submit to the responsible county, at
intervals specified in the agreement, a written evaluation of the child's
adjustment.
(b) In the agreement, the responsible county shall agree
to:
(1) make payments for room and board and
difficulty of care or respite care, if applicable, to the supervising county in
the amounts and at the times specified in the agreement;
(2) take responsibility for placement of the
child;
(3) make restitution, in accordance with a plan
specified in the agreement, for damage that the child causes to the foster
parents' property;
(4) inform the supervising county concerning
future planning for the child; and
(5) write the room and board check in a manner
specified in the agreement, in order to protect confidentiality.
(c) The agreement shall specify the manner in which payment
for clothes, medical costs, and allowances shall be made.
(d) The agreement shall specify the dates between which the
agreement shall be effective. The agreement shall be signed by the directors
of the two county departments of social services. The responsible county and
the supervising county shall each have a signed copy of the agreement. The
responsible county shall provide the children's services program representative
with a copy of the signed agreement, if requested.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
SECTION .1000 - CAPACITY
10A NCAC 70E .1001 FOSTER HOME
(a) No more than five children shall reside in any family
foster home at any time. These five children include the foster parent's own
children, children placed for family foster care, licensed capacity for in-home
day care children, children kept for babysitting or any other children residing
in the home. Children kept for in-home day care and babysitting are considered
residents of the home.
(b) No more than four children including no more than two
foster children shall reside in any therapeutic foster home at any time. The
four children include the foster parent's own children, children placed for
therapeutic foster care, children placed for family foster care or any other
children living in the home. Therapeutic foster parents shall not provide
in-home day care or baby sitting services in the therapeutic foster home.
(c) Exceptions to the capacity standards in Paragraphs (a)
and (b) of this Rule may be made:
(1) if written documentation is submitted to
the licensing authority for family foster care that siblings will be placed
together and the foster home complies with Subparagraphs (3) and (4) of this
Paragraph. The out-of-home family services agreement for each sibling shall
specify that siblings will be placed together and shall also address the foster
parents' skill, stamina, and ability to care for the children;
(2) if written documentation is submitted to
the licensing authority for therapeutic foster care that siblings will be
placed together and the foster home complies with Subparagraphs (3) and (4) of
this Paragraph. The person-centered plan or out-of-home family services
agreement for each sibling shall specify that siblings shall be placed together
and shall also address the foster parents' skill, stamina, and ability to care
for the children;
(3) if written documentation is submitted to
the licensing authority that the foster home complies with 10A NCAC 70E .1108;
and
(4) if written documentation is submitted to
the licensing authority that the foster home complies with 10A NCAC 70L .0102.
(d) Family foster homes and therapeutic foster homes shall
not provide Community Alternative Programs services for Disabled Adults
(CAP/DA) as defined in Section 1915(c) of the Social Security Act, unless the
disabled adult was placed in the foster home as a Community Alternatives
Programs for Children (CAP C) client as defined in Section 1915(c) of the
Social Security Act prior to his/her 18th birthday. The disabled adult shall
be included in the capacity for the foster home. Family foster homes and
therapeutic foster homes shall not provide supervised living services as
defined by 10A NCAC 27G .5601.
(e) Members of the household 18 years old and over and not
receiving foster care services are not included in capacity, but there shall be
physical accommodations in the home to provide them room and board.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. November 1, 2009.
SECTION .1100 – STANDARDS FOR LICENSING
10A NCAC 70E .1101 CLIENT RIGHTS
(a) Foster parents shall ensure that each foster child:
(1) has clothing to wear that is appropriate to
the weather;
(2) is allowed to have personal property;
(3) is encouraged to express opinions on issues
concerning care;
(4) is provided care in a manner that
recognizes variations in cultural values and traditions;
(5) is provided the opportunity for spiritual
development and is not denied the right to practice religious beliefs;
(6) is not identified in connection with the
supervising agency in any way that would bring the child or the child's family
embarrassment;
(7) is not forced to acknowledge dependency on
or gratitude to the foster parents;
(8) is encouraged to contact and have telephone
conversations with family members, when not contraindicated in the child's
visitation and contact plan;
(9) is provided training and discipline that is
appropriate for the child's age, intelligence, emotional makeup, and past
experience;
(10) is not subjected to cruel or abusive
punishment;
(11) is not subjected to corporal punishment;
(12) is not deprived of a meal or contacts with
family for punishment or placed in isolation time-out except when isolation
time-out means the removal of a child to an unlocked room or area from which
the child is not physically prevented from leaving. The foster parent may use
isolation time-out as a behavioral control measure when the foster parent
provides it within hearing distance of a foster parent. The length of time
alone shall be appropriate to the child's age and development;
(13) is not subjected to verbal abuse, threats,
or humiliating remarks about himself/herself or his/her families;
(14) is provided a daily routine in the home that
promotes a positive mental health environment and provides an opportunity for
normal activities with time for rest and play;
(15) is provided training in good health habits,
including proper eating, frequent bathing, and good grooming. Each child shall
be provided food with nutritional content for normal growth and health. Any
diets prescribed by a licensed medical provider shall be provided;
(16) is provided medical care in accordance with
the treatment prescribed for the child;
(17) of mandatory school age maintains regular
school attendance unless the child has been excused by the authorities;
(18) is encouraged to participate in neighborhood
and group activities, have friends visit the home and visit in the homes of friends;
(19) assumes responsibility for himself/herself
and household duties in accordance with his/her age, health, and ability.
Household tasks shall not interfere with school, sleep, or study periods;
(20) is provided opportunities to participate in
recreational activities;
(21) is not permitted to do any task which is in
violation of child labor laws or not appropriate for a child of that age;
(22) is provided supervision in accordance with
the child's age, intelligence, emotional makeup, and experience; and
(23) if less than eight years of age and weighs
less than 80 pounds is properly secured in a child passenger restraint system
that is approved and installed in a manner authorized by the Commissioner of
Motor Vehicles.
(b) Foster parents shall initially and at relicensure sign
a Discipline Agreement that specifically acknowledges their agreement as
specified in Subparagraphs (a)(9), (10), (11), (12), and (13) of this Rule, as
well as discipline requirements outlined in the out-of-home family services
agreement or person-centered plan. The foster parents and the supervising
agency shall retain copies of these agreements.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1102 MEDICATION
Foster parents are responsible for the following regarding
medication:
(1) General requirements:
(a) retain the manufacturer's label with
expiration dates visible on non-prescription drug containers not dispensed by a
pharmacist;
(b) administer prescription drugs to a child
only on the written order of a person authorized by law to prescribe drugs;
(c) allow prescription medications to be
self-administered by children only when authorized in writing by the child's
licensed medical provider;
(d) allow non-prescription medications to be
administered to a child taking prescription medications only when authorized by
the child's licensed medical provider; allow non-prescription medications to be
administered to a child not taking prescription medication, with the
authorization of the parents, guardian, legal custodian, or licensed medical
provider;
(e) allow injections to be administered by
unlicensed persons who have been trained by a registered nurse, pharmacist, or
other person allowed by law to train unlicensed persons to administer
injections;
(f) record in a Medication Administration
Record (MAR) provided by the supervising agency all drugs administered to each
child. The MAR shall include the following: child's name; name, strength, and
quantity of the drug; instructions for administering the drug; date and time
the drug is administered, discontinued, or returned to the supervising agency
or the person legally authorized to remove the child from foster care; name or
initials of person administering or returning the drug; child requests for
changes or clarifications concerning medications; and child's refusal of any
drug; and
(g) follow-up for child requests for changes or
clarifications concerning medications with an appointment or consultation with
a licensed medical provider.
(2) Medication disposal:
(a) return prescription medications to the
supervising agency or person legally authorized to remove the child from foster
care; and
(b) return discontinued prescription medications
to a pharmacy or the supervising agency for disposal, in accordance with 10A
NCAC 70G .0510(c).
(3) Medication storage:
(a) store prescription and over-the-counter
medications in a locked cabinet in a clean, well-lighted, well-ventilated room
other than bathrooms, kitchen, or utility room between 59º F (15º C) and 86º F
(30º C);
(b) store medications in a refrigerator, if
required, between 36º F (2º C) and 46º F (8º C). If the refrigerator is used
for food items, medications shall be kept in a separate, locked compartment or
container within the refrigerator; and
(c) store prescription medications separately
for each child.
(4) Psychotropic medication review:
(a) arrange for any child receiving psychotropic
medications to have his/her drug regimen reviewed by the child's licensed
medical provider at least every six months;
(b) report the findings of the drug regimen
review to the supervising agency; and
(c) document the drug review in the MAR along with any prescribed changes.
(5) Medication errors:
(a) report drug administration errors or adverse
drug reactions to a licensed medical provider or pharmacist; and
(b) document the drug administered and the drug
reaction in the MAR.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. November 1, 2009.
10A NCAC 70E .1103 PHYSICAL RESTRAINTS
(a) Foster parents who utilize physical restraint holds
shall not engage in discipline or behavior management that includes:
(1) protective or mechanical restraints;
(2) drug used as a restraint, except as
outlined in Paragraph (b) of this Rule;
(3) seclusion of a child in a locked room; or
(4) physical restraint holds except for a child
who is at imminent risk of harm to himself/herself or others until the child is
calm.
(b) Foster parents shall not administer drugs to a foster
child for the purpose of punishment, foster parent convenience, substitution
for adequate supervision or for the purpose of restraining the child. A drug
used as a restraint means a medication used only to control behavior or to
restrict a child's freedom of movement, and is not a standard to treat a
psychiatric condition.
(c) Before a foster parent shall administer physical
restraint holds, each foster parent shall complete training that includes at
least 16 hours of initial training in behavior management, including techniques
for de-escalating problem behavior, the appropriate use of physical restraint
holds, monitoring of vital indicators, and debriefing children and foster
parents involved in physical restraint holds. Foster parents authorized to use
physical restraint holds shall annually complete at least eight hours of
behavior management training including techniques for de-escalating problem
behavior. This training shall count toward the training requirements as set
forth in 10A NCAC 70E .1117(6). Only foster parents trained in the use of
physical restraint holds shall administer physical restraint holds.
(d) Foster parents shall be trained by instructors who have
met the following qualifications and training requirements:
(1) instructors shall demonstrate competence by
scoring 100 percent on testing in a training program aimed at preventing,
reducing, and eliminating the need for restrictive interventions;
(2) instructors shall demonstrate competence by
scoring 100 percent on testing in a training program teaching the use of
physical restraint;
(3) instructors shall demonstrate competence by
scoring a passing grade on testing in an instructor training program as
determined by the North Carolina Division of Mental Health, Developmental
Disabilities and Substance Abuse;
(4) the instructors' training shall be
competency-based, and shall include measurable learning objectives, measurable
testing (written and by observation of behavior) on those objectives, and
measurable methods to determine passing or failing the course;
(5) the content of the instructor training
shall be approved by the Division of Mental Health, Developmental Disabilities
and Substance Abuse Services, and shall include presentation of understanding
the adult learner, methods of teaching content of the course, evaluation of
trainee performance and documentation procedures;
(6) instructors shall be retrained at least
annually and demonstrate competence in the use of physical restraint to the
North Carolina Interventions (NCI) Quality Assurance Committee;
(7) instructors shall be trained in CPR;
(8) instructors shall have coached experience
in teaching the use of restrictive interventions at least two times with a
positive review by the coach, and trainers shall teach a program on the use of
physical restraints at least once annually; and
(9) instructors shall complete a refresher
instructor training at least every two years.
(e) In administering physical restraints, the following
shall apply:
(1) foster parents shall use only those
physical restraint holds approved by the North Carolina Interventions (NCI)
Quality Assurance Committee. Approved physical restraint holds can be found at
the following web site: http://www.dhhs.state.nc.us/mhddsas/training/rscurricula/agencylist10-18-06web.pdf
(Reviewed Restrictive and Physical Interventions Curricula by Name) which are
hereby incorporated by reference including subsequent amendments and editions;
(2) before employing a physical restraint hold,
the foster parent shall take into consideration the child's medical condition
and any medications the child may be taking;
(3) no child shall be restrained utilizing a
protective or mechanical device;
(4) no child or group of children shall be
allowed to participate in the physical restraint of another child;
(5) physical restraint holds shall:
(A) not be used for purposes of discipline or
convenience;
(B) be used only when there is imminent risk of harm to
the child or others and less restrictive approaches have failed;
(C) be administered in the least restrictive manner
possible to protect the child or others from imminent risk of harm; and
(D) end when the child becomes calm.
(6) The foster parent shall:
(A) ensure that any physical restraint hold utilized on
a child is administered by a trained foster parent with a second trained foster
parent or with a second trained adult in attendance. Concurrent with the
administration of a physical restraint hold and for a minimum of 15 minutes
subsequent to the termination of the hold, a foster parent shall monitor the
child's breathing, ascertain the child is verbally responsive and motorically
in control, and ensure the child remains conscious without any complaints of
pain. The supervising agency may seek a waiver from the licensing authority
for a foster parent to administer a physical restraint hold without a second
trained adult in attendance, and completion of the waiver request form. The
licensing authority shall grant the waiver if it receives written approval from
the child's parent, guardian, or custodian that the administering of a physical
restraint hold without a second trained person present is acceptable, written
approval from the supervising agency that the foster parent is authorized to
administer a physical restraint hold without a second trained person present, and
documentation that there is approval by the child and family team and
documented in the person-centered plan or out-of-home family services agreement
that it is acceptable for the foster parent to administer a physical restraint
hold without a second trained person present;
(B) immediately terminate the physical restraint hold or
adjust the position to ensure that the child's breathing and motor control are
not restricted, if at any time during the administration of a physical
restraint hold the child complains of being unable to breathe or loses motor control;
(C) immediately seek medical attention for the child, if
at any time the child appears to be in distress; and
(D) conduct an interview with the foster child about the
incident following the use of a physical restraint hold.
(7) The supervising agency shall interview the
foster parent administering the physical restraint hold about the incident
following the use of a physical restraint hold by the supervising agency.
(8) The supervising agency shall document each
incident of a child being subjected to a physical restraint hold on an incident
report provided by the licensing authority. The incident report shall include:
(A) the child's name, age, height, and weight;
(B) the type of hold utilized;
(C) the duration of the hold;
(D) the trained foster parent administering the hold;
(E) the trained foster parent or trained adult
witnessing the hold;
(F) the less restrictive alternatives that were
attempted prior to utilizing physical restraint;
(G) the child's behavior that necessitated the use of
physical restraint; and
(H) whether the child's condition necessitated medical
attention.
(f) Foster parents shall annually receive written approval
from the executive director or his/her designee of the supervising agency
before administering physical restraint holds. The foster parent shall retain
a copy of the written approval and a copy shall be placed in the foster home
record.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1104 CRITERIA FOR THE FAMILY
(a) Foster parents shall be persons whose behaviors,
circumstances, and health are conducive to the safety and well-being of
children. Foster parents shall be selected on the basis of demonstrating
strengths in the skill areas of Subparagraphs (1) through (12) of this
Paragraph which permit them to undertake and perform the responsibilities of
meeting the needs of children, in providing continuity of care, and in working
with the supervising agency. Foster parents shall demonstrate skills in:
(1) assessing individual and family strengths
and needs and building on strengths and meeting needs;
(2) using and developing effective
communication;
(3) identifying the strengths and needs of
children placed in the home;
(4) building on children's strengths and
meeting the needs of children placed in the home;
(5) developing partnerships with children
placed in the home, parents or the guardians of the children placed in the
home, the supervising agency and the community to develop and carry out plans
for permanency;
(6) helping children placed in the home develop
skills to manage loss and skills to form attachments;
(7) helping children placed in the home manage
their behaviors;
(8) helping children placed in the home maintain
and develop relationships that will keep them connected to their pasts;
(9) helping children placed in the home build
on positive self-concept and positive family, cultural, and racial identity;
(10) providing a safe and healthy environment for
children placed in the home which keeps them free from harm;
(11) assessing the ways in which providing family
foster care or therapeutic foster care affects the family; and
(12) making an informed decision regarding
providing family foster care or therapeutic foster care.
(b) Age. A license may only be issued to persons 21 years
of age and older.
(c) Health. The foster family shall be in good physical
and mental health as evidenced by:
(1) a medical examination completed by a
licensed medical provider on each member of the foster home within the last 12
months prior to the initial licensing application date, and biennially
thereafter;
(2) documentation that each adult member of the
household has had a TB skin test or chest x-ray prior to initial licensure unless
contraindicated by a licensed medical provider. The foster parents' children
are required to be tested only if one or more of the parent's tests positive
for TB;
(3) a medical history form completed on each
member of the household at the time of the initial licensing application and on
any person who subsequently becomes a member of the household;
(4) no indication of alcohol abuse, drug abuse,
or illegal drug use by a member of the foster family;
(5) no indication that a member of the foster
family is a perpetrator of domestic violence;
(6) no indication that a member of the foster
family has abused, neglected, or exploited a disabled adult;
(7) no indication that a member of the foster
family has been placed on the North Carolina Sex Offender and Public Protection
Registry pursuant to Article 27A Part 2 of G.S. 14;
(8) no indication that a member of the foster
family has been placed on the Health Care Personnel Registry pursuant to G.S.
131E-256; and
(9) no indication that a member of the foster
family has been found to have abused or neglected a child or has been a
respondent in a juvenile court proceeding that resulted in the removal of a
child or has had child protective services involvement that resulted in the
removal of a child.
(d) Education. Foster parent applicants shall have
graduated from high school or received a GED (Graduate Equivalency Diploma) or
shall have an ability to read and write as evidenced by their ability to
administer medications as prescribed by a licensed medical provider, maintain
medication administration logs and maintain progress notes.
(e) Required Applicants. Foster parent applicants who are
married are presumed to be co-parents in the same household and both shall
complete all licensing requirements. Adults 21 years of age or older, living
in currently licensed or newly licensed foster homes who have responsibility
for the care, supervision, or discipline of the foster child shall complete all
licensing requirements. The supervising agency shall assess each adult's
responsibility for the care, supervision, or discipline of the foster child.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. November 1, 2009.
10A NCAC 70E .1105 CONFLICT OF INTEREST
(a) County departments of social services and private
child-placing agencies shall not supervise foster homes of members of their
board of directors, governance structure, social services board, and county commission.
(b) County departments of social services and private
child-placing agencies shall not supervise foster homes of agency employees and
relatives of agency employees. Relatives include birth and adoptive parents,
blood and half blood relative and adoptive relative including brother, sister
grandparent, great-grandparent, great-great grandparent, uncle, aunt,
great-uncle, great-aunt, great-great uncle, great-great aunt, nephew, niece,
first cousin, stepparent, stepbrother, stepsister and the spouse of each of
these relatives.
(c) Private child-placing agencies shall not supervise
foster homes of their agency owners.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. November 1, 2009.
10A NCAC 70E .1106 DAY CARE CENTER OPERATIONS
If a licensed foster parent operates or plans to operate a
day care center, the following criteria shall be met:
(1) the foster home living quarters shall not be part
of the day care operation;
(2) there shall be a separate entrance to the day care
operation; and
(3) staff specified in day care center rules shall be
available to provide care for the day care children.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1107 RELATIONSHIP TO SUPERVISING AGENCY
(a) Foster parents shall agree to work with the supervising
agency in the following ways:
(1) work with the child and the child's
parent(s) or guardian(s) in the placement process, reunification process,
adoption process, or any change of placement process;
(2) consult with social workers, mental health
personnel, licensed medical providers, and other persons authorized by the
child’s parent(s), guardian(s) or custodian who are involved with the child;
(3) maintain confidentiality regarding children
and their parent(s) or guardian(s);
(4) keep records regarding the child’s
illnesses, behaviors, social needs, educational needs, and family visits and
contacts; and
(5) report to the supervising agency any
changes as required by 10A NCAC 70E .0902.
(b) In addition to Subparagraphs (a)(1) through (5) of this
Rule, foster parents who provide therapeutic foster care services shall:
(1) be trained as set out in 10A NCAC 70E
.1117; and
(2) allow weekly supervision and support from a
qualified professional as defined in 10A NCAC 27G .0104 and .0203.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. November 1, 2009.
10A NCAC 70E .1108 Fire and building safety
(a) Each foster home shall be in compliance with all applicable portions of the NC Residential Code in effect at the time the foster home was
constructed or last renovated. Information regarding the purchase of all
applicable volumes of The North Carolina State Residential Code and referenced
standards and codes, can be accessed by reviewing the following web site:
(www.ncdoi.com - click on Code Services, click on Code Book Saleshttp://www.ncdoi.com/OSFM/Engineering/CodeServices/engineering_codeservices_sales.asp)
or calling the Code Section within the Department of Insurance at 919-661-5880.
(b) All homes shall be protected from all fire hazards
including the following:
(1) all hallways, doorways, entrances, ramps,
steps, and corridors shall be kept clear and unobstructed at all times;
(2) an evacuation plan shall be developed, and
all persons in the home shall be knowledgeable of the plan;
(3) a mounted "ABC" fire extinguisher
with a rating not less than 1-A shall be installed and readily available in the
residence;
(4) homes built prior to July 1975 shall have a
battery or electric smoke alarm installed outside every sleeping area. Homes
built between July 1975 and June 30, 1999, shall have electric smoke alarms
placed outside sleeping areas as required by the NC Residential Code in effect
at construction time. Homes built after June 30, 1999 shall have smoke alarms
in every sleeping room, outside bedrooms and other areas, interconnected as
required in the NC Residential Code;
(5) a Carbon Monoxide (CO) detector shall be
installed in homes that use fuel oil products, coal, wood or gas to heat, cool,
cook, operate a hot water heater or gas logs;
(6) all homes shall have telephone service;
(7) no egress door shall have a double keyed
dead bolt; and
(8) extension cords shall not be used as a
substitute for permanent wiring. Extension cords shall be used only for
portable appliances and shall be listed by Underwriters Laboratory (UL).
Before a home is licensed, it shall be inspected and receive
a passing rating on the fire and building safety inspection report completed by
the local fire inspector. Before a home is relicensed, it shall have a current
fire and building safety inspection report with a passing rating completed by
the local fire inspector.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. November 1, 2009.
10A NCAC 70E .1109 HEALTH REGULATIONS
The supervising agency shall have a discussion regarding
water quality and sanitation with the applicants. The supervising agency shall
document the date the discussion was held and include a statement that the family
is not aware of any health hazards caused by the family's water and sanitation
facilities. The supervising agency shall ask the family about water testing
that has been done and any immediate or past problems concerning water quality
and sanitation. As part of the on-site visit, the supervising agency shall
observe that the home has running water. As part of the on-site visit, the
supervising agency shall observe that the home has a sanitary toilet and
bathing facility. Licensure of a foster home shall not be recommended if the
supervising agency has any reason to believe the water supply is not safe or
the toilet and bathing facilities are not sanitary.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1110 environmental regulations
(a) The home and yard shall be maintained and repaired so
that they are not hazardous to the children in care.
(b) The house shall be kept free of uncontrolled rodents
and insects.
(c) Windows and doors used for ventilation shall be
screened.
(d) The kitchen shall be equipped with an operable stove
and refrigerator, running water and eating, cooking, and drinking utensils to
accommodate the household members. The eating, cooking, and drinking utensils
shall be cleaned and stored after each use.
(e) Household equipment and furniture shall be in good
repair.
(f) Flammable and poisonous substances, medications, and
cleaning materials shall be stored out of the reach of children placed for
foster care.
(g) Explosive materials, ammunition, and firearms shall
each be stored separately, in locked places.
(h) Documentation that household pets have been vaccinated
for rabies shall be maintained by the foster parents.
(i) Each home shall have heating, air-cooling, or
ventilating capability to maintain a range between 65º F (18.3º C) and 85º F
(29.4º C).
(j) Rooms including toilets, baths, and kitchens without
operable windows, shall have mechanical ventilation to the outside.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1111 room arrangements
(a) Each home shall have a family room to meet the needs of
the family including children placed for foster care.
(b) The kitchen shall be large enough for preparation of
food and cleaning of dishes. Each home shall have a dining area to meet the
needs of the family including children placed for foster care.
(c) Bedrooms shall be identified on a floor plan as
bedrooms and shall not serve dual functions.
(d) Children shall not be permitted to sleep in an unfinished
basement or in an unfinished attic.
(e) Each child shall have his/her own bed. Each bed shall
be provided with a supported mattress, two sheets, blanket, bedspread, and be
of size to accommodate the child. No day bed, convertible sofa, or other bedding
of a temporary nature shall be used for the exclusive sleeping area of the
child except for temporary care for up to two weeks. The sleeping room shall
not be shared by children of the opposite sex except by children age five and
under. The sleeping arrangements shall provide space within the bedroom for
the bed and the child's personal possessions. When children share a bedroom, a
child under six shall not share a room with a child over 12, except when
siblings are placed together. No more than four children shall share a room.
(f) Separate and accessible drawer space and closet space
for personal belongings and clothing shall be available for each child.
(g) The home shall have indoor, operable sanitary toilet,
hand-washing, and bathing facilities. Homes shall be designed in a manner that
will provide children privacy while bathing, dressing, and using toilet
facilities.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1112 exterior setting and safety
The exterior spaces around the foster home, including any
yard spaces shall be clear of any dangerous objects or hazardous items
including access to water, such as swimming pools, beaches, rivers, lakes, or
streams. Access to such hazards shall be avoided by either a fence at least 48
inches high with a locked gate around the hazard, or by a fence at least 48
inches high with a locked gate around the yard and exterior space of the home
while still providing play space for children. Access to water in above ground
swimming pools shall be prevented by locking and securing the ladder in place
or storing the ladder in a place inaccessible to the children. The supervising
agency shall observe and document that the foster parents have taken measures
to protect foster children from having unsupervised access to swimming pools,
beaches, rivers, lakes, streams, other water sources, or other hazards.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1113 LICENSING COMPLIANCE VISITS
Quarterly Visits. Licensing social workers of supervising
agencies shall visit with the foster family on at least a quarterly basis for
the specific purpose of assessing licensing requirements. Two of the quarterly
visits each year shall take place in the foster home. The licensing social
worker may require the remaining visits to occur at a location of the licensing
social worker's preference.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1114 CRIMINAL HISTORIES
(a) An applicant shall not be licensed if the applicant, or
any member of the applicant's household 18 years of age or older, refuses to
consent to a criminal history check required by G.S. 131D, Article 1A.
(b) An applicant or any member of the applicant's household
is not eligible for licensure if the applicant or any member of the applicant's
household has been convicted of a felony involving:
(1) child abuse or neglect;
(2) spouse abuse;
(3) a crime against a child or children
(including child pornography); or
(4) a crime involving violence, including rape,
sexual assault, or homicide but not including other physical assault or
battery.
(c) An applicant or any member of the applicant's household
is not eligible for licensure if the applicant or any member of the applicant's
household has within the last five years been convicted of a felony involving:
(1) physical assault;
(2) battery; or
(3) a drug-related offense.
(d) An applicant or any members of the applicant's
household with criminal convictions except those specified in Paragraph (b) of
this Rule may be considered for licensure based on the following factors:
(1) nature of the crime;
(2) length of time since the conviction;
(3) circumstances surrounding the commission of
the offense or offenses;
(4) number and type of prior offenses;
(5) evidence of rehabilitation;
(6) age of the individual at the time of the
commission of the offense or offenses; and
(7) letter of support for licensure from the
executive director of the agency.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1115 REsponsible individuals list
(a) An applicant is not eligible for licensure if the
applicant has within the last five years been substantiated for abuse or
serious neglect and is placed on the Responsible Individuals List as defined in
North Carolina General Statute 7B-311.
(b) After five years, an applicant who is on the
Responsible Individuals List may be considered for licensure based on the
following factors:
(1) nature of the substantiation;
(2) length of time since the substantiation;
(3) circumstances surrounding the
substantiation;
(4) evidence of rehabilitation;
(5) history of convictions and violations; and
(6) letter of support for licensure from the
executive director of the agency.
(c) The supervising agency shall provide documentation to
the licensing authority of the results of Child Abuse and Neglect Central
Registry Checks of states where the applicant has resided the past five years.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007;
Amended Eff. August 1, 2011.
10A NCAC 70E .1116 CRIMINAL HISTORY CHECKS
(a) The supervising agency shall complete the following
activities at initial licensure for new foster parent applicants and any member
of the prospective foster parents' household 18 years of age or older:
(1) furnish the written notice as required by G.S.
131D-10.3A(e);
(2) obtain a signed consent form for a criminal history
check and submit the signed consent form to the Department of Health and Human
Services, Criminal Records Check Unit;
(3) obtain two sets of fingerprints on SBI
identification cards and forward both sets of fingerprints to the Department of
Health and Human Services, Criminal Records Check Unit. Once an individual's
fingerprints have been submitted to the Department of Health and Human Services,
Criminal Records Check Unit, additional fingerprints shall not be required; and
(4) conduct a local criminal history check through
accessing the Administrative Office of the Courts and the Department of
Corrections Offender Population Unified System and submit the results of the
criminal history checks to the licensing authority on the Foster Home Application form.
(b) The supervising agency shall conduct a local criminal
history check through accessing the Administrative Office of the Courts and the
Department of Corrections Offender Population Unified System and submit the
results of the criminal history checks to the licensing authority on the Foster
Home Relicensure, Termination and Change Request Application form at
relicensure for foster parents and any member of the prospective foster
parents' household 18 years of age or older.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1117 TRAINING REQUIREMENTS
Each supervising agency shall provide, or cause to be
provided, preservice and in-service training for all prospective and licensed
foster parents as follows:
(1) Prior to licensure or within six months from the date
a provisional license is issued, each applicant shall successfully complete 30
hours of preservice training. Preservice training shall include the following
components:
(a) General Orientation to Foster Care and
Adoption Process;
(b) Communication Skills;
(c) Understanding the Dynamics of Foster Care
and Adoption Process;
(d) Separation and Loss;
(e) Attachment and Trust;
(f) Child and Adolescent Development;
(g) Behavior Management;
(h) Working with Birth Families and Maintaining
Connections;
(i) Lifebook Preparation;
(j) Planned Moves and the Impact of
Disruptions;
(k) The Impact of Placement on Foster and
Adoptive Families;
(l) Teamwork to Achieve Permanence;
(m) Cultural Sensitivity;
(n) Confidentiality; and
(o) Health and Safety.
(2) Prior to licensure or within six months from the
date a provisional license is issued, therapeutic foster parent applicants
shall receive at least ten additional hours of preservice training in
behavioral mental health treatment services including the following:
(a) role of the therapeutic foster parent;
(b) safety planning; and
(c) managing behaviors.
(3) During the initial two years of licensure, each
therapeutic foster parent shall receive additional training in the following
areas:
(a) development of the person-centered plan;
(b) dynamics of emotionally disturbed and
substance abusing youth and families;
(c) symptoms of substance abuse;
(d) needs of emotionally disturbed and substance
abusing youth and families; and
(e) crisis intervention.
(4) Training in first-aid, cardiopulmonary
resuscitation (CPR) and universal precautions such as those provided by the
American Red Cross, the American Heart Association, or equivalent organizations
shall be provided to foster parents before a foster child is placed with the
foster family. Training in CPR shall be appropriate for the ages of children
in care. First-aid, CPR, and universal precautions training shall be updated
as required by the American Red Cross, the American Heart Association, or
equivalent organizations. The supervising agency shall ensure that family
foster parents and therapeutic foster parents are trained in medication
administration before a child is placed with the foster family.
(5) Child-specific training shall be provided to the foster
parents as required in the out-of-home family services agreement or
person-centered plan as a condition of the child being placed in the foster
home. When the child or adolescent requires treatment for abuse – reactive,
sexually reactive and sexual offender behaviors, specific treatment shall be
identified in his/her person-centered plan. Training of therapeutic foster
parents is required in all aspects of reactive and offender specific sexual
treatment and shall be made available by a provider who meets the requirements
specified for a qualified professional as defined in 10A NCAC 27G .0104. When
the child or adolescent requires treatment for substance abuse, specific
treatment shall be identified in his/her person-centered plan. Training and
supervision of therapeutic foster parents are required in all aspects of
substance abuse and shall be made available by a provider who meets the
requirements specified for a qualified substance abuse prevention professional
as defined in 10A NCAC 27G .0104. This training shall count towards the
training requirements of Item (6) of this Rule.
(6) Prior to licensure renewal, each foster parent
shall successfully complete at least twenty hours of in-service training. This
training may be child-specific or may concern issues relevant to the general
population of children in foster care. In order to meet this requirement:
(a) each supervising agency shall provide, or
cause to be provided, at least 10 hours of in-service training for foster
parents annually;
(b) the training shall include subjects that
would enhance the skills of foster parents and promote stability for children;
(c) a foster parent may complete training
provided by a community college, a licensed supervising agency, or other
departments of State or county governments; and, upon approval by the
supervising agency, such training shall count towards meeting the requirements
specified in this Item; and
(d) each supervising agency shall document in
the foster parent record the type of activity the foster parent has completed
pursuant to this Item.
(7) A foster family caring for a child with HIV (human
immunodeficiency virus) or AIDS (acquired immunodeficiency syndrome) shall
complete six hours of training on issues relevant to HIV or AIDS annually. This
training may count towards the training requirements Item (6) of this Rule.
(8) Training requirements for physical restraint holds
pursuant to 10A NCAC 70E .1103.
History Note: Authority G.S. 131D-10.1; 131D-10.3;
131D-10.5; 131D-10.6; 131D-10.6A;
Eff. September 1, 2007;
Amended Eff. November 1, 2009.
