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In 1997, North Carolina enacted HB 896 in anticipation of changes expected in the Adoption and Safe Families Act. This legislation:
• Broadened grounds for termination of parental rights in cases of parental failure to make progress, parental incapacity due to chronic substance abuse.
• Further defined reasonable efforts and defined "safe home"
• Revised the neglect definition and HB 153 revised the definition of dependent juvenile
• Established new court hearings to assure timely reviews;
• Required court inquiry into the whereabouts of missing parents at each non-secure custody hearing, as well as inquiry into efforts to locate the parents;
• Prioritized placements with suitable relatives for children who needed alternative living arrangements;
• Waived review hearings if child was in stable living situation with a relative or other kin in which guardianship was assigned;
• Required that all children living in the home of an alleged victim child be considered also as alleged victims;
• Required judicial inquiry regarding the status of other children remaining in the home when a child had been removed;
• Defined rights and responsibilities of guardians of the person assigned in juvenile court; and
• Authorized state Division of Social Services to directly intervene and take control in county DSS's that were not providing adequate protective services to children in the county.
In 1998, the N. C. General Assembly revised the North Carolina Juvenile Code.
• Laws pertaining to abused, neglected, or dependent children were separated from laws pertaining to undisciplined and delinquent youth.
• The organization of the chapter follows the logical progression of a case.
• The new laws were placed in a new statutory section of the Juvenile Code, 7B.
In 1998, North Carolina enacted HB 1720, which brought our state into compliance with the Adoption and Safe Families Act (ASFA). This legislation:
• Revised the definition of neglect language that was inadvertently removed in the last legislative session regarding situations of children who live in the same home as a child who was subjected to abuse or neglect, or who died as a result of abuse or neglect;
• Strengthened the agency's authority to determine the safety of other children living in the home of a child who is suspected to have died as a result of maltreatment;
• Further defined reasonable efforts to include the use of permanency planning services to develop a permanent plan for the juvenile when reunification is not the goal;
• Re-emphasized placements with suitable relatives for children who are removed from their parents/caretakers; Established timeframes for court hearings; and
• Revised grounds for terminations of parental rights.
In 1999, North Carolina enacted HB 262. This Legislation:
• Revised the definition of caretaker to include any employee of or volunteer in a division, institution, or school operated by DHHS. This change was a result of DHHS Directive 61.
• Clarified that all children in a non-residential setting must be considered as alleged victims;
• Clarified that in an institutional setting, all children named as victims must be subjects of the investigation, but other children in the institutional setting should be considered as victims only after an assessment of the circumstances warrant the inclusion of those children in an investigation;
• Enhanced the powers of the State Child Fatality Review Team;
• Required the County DSS to pay at a minimum the monthly, graduated foster care maintenance and adoption assistance rates established by the General Assembly; and
• Authorized North Carolina to enter into an Interstate Compact regarding medical assistance for children who receive adoption assistance.
In 2000, two bills were passed that impacted the provision of Children's Services.
The legislation:
• Expedited the Termination of Parental Rights process; and
• Made guardianship more of a permanent option for children in foster care.
In 2001, North Carolina enacted HB 375 and other Legislation was passed that impacted the provision of Children's Services.
The legislation:
• Expanded the representation of the Guardian Ad Litem;
• Established timeframes for signed court orders;
• Changed timeframes for Voluntary Placement Agreements (VPA's);
• Expanded court authority over parents;
• Expanded the authority of the director in visitation plans;
• Revised adoption laws;
• Decriminalized abandonment of infants under certain circumstances and modified procedures involving abandonment of juveniles;
• Changed the timeframes for responding to all child protective services reports of abandonment which falls under the neglect statute from 72 hours for initiation to immediately initiating a CPS assessment; and
• Requires law enforcement to assist in abandonment cases to determine if the child abandoned has been reported as a missing child.
Also in 2001, Session Law 2001-424, Senate Bill 1005, “Appropriations Act of the General Assembly” was passed and became effective July 1, 2001 allowing the development of the Family Assessment response. This law led to the development of a new response to working with families throughout the Child Welfare system. This legislation stated that in no fewer than two and no more than ten demonstration counties, selected reports of suspected child neglect can be approached in a new way.
In 2002, Session Law 2002-126, Senate Bill 1115, “Modification to Appropriations Act of the General Assembly” was passed and became effective July 1, 2002. This modification expanded use of the Family Assessment response in dependency cases.
In 2003, Session Law 2003-284, House Bill 397, “2003 Budget Act” was passed and became effective July 1, 2003. This legislation allowed for expansion of the MRS pilot to 42 more counties. Additionally this legislation legally mandated the use of Family-Centered Practice in Child Welfare. This bill also required a report of the initial evaluation of the MRS as well as recommendations for statewide implementation.
Also in 2003, Senate Bill 421, 2003-2004 Session Law, “Act to Amend Child Welfare Laws” was passed and became effective July 4, 2003. This legislation amended N.C.G.S. 7B to specify that the director or director’s designee may not enter a private residence for CPS Assessment purposes without specific criteria being met. Those criteria are as follows:
• The reasonable belief that a juvenile is in imminent danger of death or serious physical injury.
• The permission of the alleged victim child’s parent or person responsible (ADULT) for the juvenile’s care.
• The accompaniment of a law enforcement officer who has legal authority to enter the residence.
• An order from a court of competent jurisdiction.
Also amended in this legislation was N.C.G.S. 131D-10.6A(b) to specify that each child welfare social worker must receive training on family-centered practice and state and federal law regarding the basic rights of individuals
Most recently, in 2005, Session Law 2005-55, HB 277 was passed and became effective October 1, 2005. This legislation achieves the following changes:
• Defines both Family Assessment Response and Investigative Assessment Response.
• States that each county of the state shall use either the Family Assessment or Investigative Assessment response in response to reports of abuse, neglect and dependency.
• Leaves the assignment of the response to the county DSS Director
• Removes the requirement to make a home visit in child care related CPS assessments
During the 2005 Legislative Session, Session Law 2005-399 (HB 661) was passed. This law authorizes the Department of Health and Human Services to establish a list of individuals responsible for the abuse or serious neglect of a juvenile, to define serious neglect, and to establish a process for expunction from that list.
This policy outlines procedures regarding the review of substantiation decisions and requests for expunction from the Responsible Individuals List. Assessments that were conducted as Family Assessments are not eligible for the Expunction process as no perpetrator is identified. Section 1427 of this manual outlines the process for making a request for expunction.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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