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CHANGE # 01-2007
January 2007
Protective services for children known or alleged to be abused, neglected or dependent are mandated by State law. Protective services must be available to children in each county of the State 24 hours a day, seven days a week. The county Director of Social Services is responsible for provision of these services.
The Social Security Act of 1935, which included provisions for services " . . . for the protection and care of homeless, dependent and neglected children” . . . placed the responsibility of providing child protective services with public welfare agencies. Subsequent amendments have reinforced and provided for the expansion of protective services as a vital area of responsibility for the public welfare agencies.
In 1980, Public Law 96-272, the Adoption Assistance and Child Welfare Act, was passed by the Federal government to assure permanent homes for children and to strengthen the capability of families to care for their own children. The law mandated that intervention (case) plans be formulated for all children in care. It promoted provision of services to prevent the removal of children from their families, and required that when removal was necessary, placement be required to be in the "least restrictive, most homelike" environment possible. It also mandated prompt reunification when children have been removed from their families. The Adoption Assistance and Child Welfare Act was the foundation of child welfare practice until the implementation of the Adoption and Safe Families Act of 1997 (Public Law 105-89.) The Adoption and Safe Families Act (ASFA) further clarified the focus on the safety and protection of the child while emphasizing timely permanence for children.
In 2001 another major shift was felt, when North Carolina’s General Assembly passed Session Law 2001-424, Senate Bill 1005, “Appropriations Act of the General Assembly”. The legislation required the Department of Health and Human Services, Division of Social Services to develop a plan working with the local Departments of Social Services, to implement an alternative response system of child protection in no fewer than two and no more than ten demonstration counties in the state. The law became effective July 1, 2001 and enabled the implementation of an alternative response system in which local Departments of Social Services were authorized to utilize family assessment tools and family-centered principles when responding to selected reports of suspected child neglect. The law also mandated that the Department of Health and Human Services develop data collection processes that would enable the General Assembly to assess the impact of the demonstration project on issues including child safety, timeliness of response, timeliness of service, coordination of local human services, cost-effectiveness and any other related issues.
During the 2004 session of the 2003 General Assembly, the House of Representatives convened the House Interim Committee on Child Abuse and Neglect, Foster Care, and Adoption. Its members were charged to conduct a study of child abuse and neglect in North Carolina, and determine how they might be better protected. The Committee was required to report the results of its study to the House of Representatives on or before April 15, 2004. The issues considered by the Committee were:
• The efficacy, structure and operation of the child protective services system as compared to similar systems in other jurisdictions.
• High social worker turnover rates and their causes and effects on child protective services.
• Improving the sharing of information between county Departments of Social Services and between county Departments of Social Services and other governmental agencies.
• Improving computer systems to process and track child protective services cases.
• The ability of the child protective services system to access the criminal records of individuals who are being investigated for child abuse or neglect.
• The statutes relating to the protection of children and child guardianship, including specifically Subchapter 1 of Chapter 7B of the General Statutes.
• The coordination of efforts between and among governmental agencies in investigating abuse, neglect, and dependency and child deaths.
• Improving risk assessment by and training of social services workers.
• The work, findings, and recommendations of the House Select Committee on Domestic Violence
In its report, the Committee strongly supported the MRS and recognized the need for additional funding to fully implement its family-centered reform. The Committee recommended that the Appropriations Committees of the General Assembly make funds available to create new, additional CPS social worker positions to reduce caseloads and lead Child and Family Team Meetings, provide for continued program evaluation, and assistance in support roles as needed.
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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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