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January 18, 2002
This section describes the requirements for completion of child protective services investigative assessments in the various situations in which children may be placed for care on a twenty-four hour basis away from their families. Departments of Social Services have the responsibility to investigate/assess allegations of abuse, neglect, or dependency involving children in family foster homes; public and private group homes; child caring institutions; and DHHS facilities.1
North Carolina law requires that the county Directors of Social Services provide protective services for children alleged to be abused, neglected, or dependent. Protective services include screening and investigation of complaints2. Because the definitions of abused, neglected, or dependent juveniles include caretakers, as well as parents, as perpetrators,3 the law requires investigation of reports of abuse, neglect, or dependency in all circumstances where children reside in out-of-home care.
Caretaker - "Any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a juvenile in a residential setting. A person responsible for a juvenile's health and welfare means a stepparent, foster parent, an adult member of the juvenile's household, an adult relative entrusted with the juvenile's care, or any person such as a house parent or cottage parent who has primary responsibility for supervising a juvenile's health and welfare in a residential child care facility or residential educational facility, or any employee or volunteer of a division, institution, or school operated by the Department of Health and Human Services." “Caretaker” also means any person who has the responsibility for the care of a juvenile in a child care home or child care facility or residential education facility, or any employee or volunteer of a division, institutional, or school operated by the Department of Health and Human Services as defined in Article 7 of Chapter 110 of the General Statutes and includes any person who has the approval of the care provider to assume responsibility for the juveniles under the care of the care provider4. (See attached DHHS Directive 61).
Foster Child - An individual less than 18 years of age who has not been emancipated under the provisions of Article 56 of Chapter 7B of the General Statutes... who is dependent, neglected, abandoned, destitute, orphaned, delinquent, or otherwise in need of care away from home and not held in detention. Individuals who have reached their 18th birthday and sign a voluntary boarding home agreement in order to remain in foster care do not meet the definition of foster child for the purposes of child protective services.5
Family Foster Home - "A place of residence of a family, person, or persons who are licensed to provide full time foster care services to children under the supervision of a county department of social services or a licensed private agency, and which meets the regulations regarding capacity set forth in Rule .0602 of this Section."6 "Not more than seven children may be provided care in any foster home at any given time. These seven children shall include the foster parent's own children, foster children, day care children or any other children. Not more than five foster children shall reside in a family foster home at any one time."7 Exceptions to this capacity limit are made based upon specific criteria and with prior approval from the Chief of Children’s Services.
Therapeutic Home - "A residential facility primarily located in a private residence which provides professionally trained parent-substitutes who work intensively with individuals in providing for their living, socialization, therapeutic and skill-learning needs. The parent-substitutes have skills and training above those of alternative family living service providers and receive close supervision and support from program staff. The facility may utilize services from a facility providing treatment services such as outpatient or day treatment."
“Services are designed to provide a healthy adult role model for both emotionally disturbed children and for those children who have substance abuse-related problems. These services are provided in a home environment and utilize other treatment facilities."
"Each facility shall be designed primarily to serve either emotionally disturbed children and adolescents, those children and adolescents with substance abuse-related problems, or both, under 18 years of age who need a therapeutic residential setting providing training and support toward the development of independent living skills." 8
Supervised Living for Individuals for all Disability Group - (sometimes known as Alternative Family Living)-a 24 hour facility which provides residential services to individuals in a home environment services to individuals in a home environment where the primary purpose of these services is the care, habilitation or rehabilitation of individuals who have a mental illness, a developmental disability or disabilities, or a substance abuse disorder, and who require supervision when a residents. (Note: Those facilities may serve children or adults).
Residential Child-Care Facility - A staffed premise with paid or volunteer staff where children receive continuing full-time foster care. "Residential child-care facility" includes child-caring institutions, group homes, and children's camps that provide foster care.
Group Home - "A residential child-care facility operated either under public or private auspices which receives for twenty-four hour care no more than nine children. This number includes the care givers' own relatives under the age of 18. The composition of the group shall include no more than two children under the age of two, four children under the age of six, and six children under the age of twelve. A group home shall not provide day care, nor shall it be available to adults in the community who wish to rent rooms."9
Residential Treatment Facility - "A facility which provides a structured living environment for children and adolescents who are primarily mentally ill and who may also be multi-handicapped and for whom removal from home is essential to facilitate treatment. Services are designed to address the functioning level of the child or adolescent and include training in language or communication skills, social relationships, and recreational skills. Some children or adolescents may be able to receive services in a day treatment facility, have a job placement, or attend public schools; for others, special education services may need to be offered within the residential setting. Different levels of residential treatment programs are provided to meet the individual needs of the children and adolescents placed in the facility."10
Residential Therapeutic Camp - "A residential treatment facility provided in a camping environment which is designed to help individuals develop behavior control, coping skills, self-esteem, and interpersonal skills. Services may include supervised peer interaction, provision of healthy adult role models, and supervised recreational, educational and therapeutic experiences."
"Each facility shall be designed to serve children and adolescents six through 17 years of age who are emotionally disturbed or who have mental retardation or other developmental disabilities."
"These Rules are not applicable to facilities designed primarily for recreational purposes or those subject to regulation by the N.C. Division of Youth Services."11
Child Caring Institution - "A residential child-care facility utilizing permanent buildings located on one site for ten or more foster children. Exception can be made when no more than two group homes located on the site and licensed as meeting licensure regulations for group homes are operated by a county department of social services or by a private program licensed to provide child care or child placement services."12
DHHS Facilities - Schools, institutions, or divisions operated by the Department of Health and Human Services. Note: Since the development of the Department of Juvenile Justice, the training schools and detention centers are no longer DHHS facilities. Departments of Social Services will only intervene when a report alleges abuse, neglect or dependency by a caretaker. See Attachment 1 for a list of DHHS facilities.
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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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1 N.C.G.S. 7B-302
2 N.C.G.S. 7B-300
3 N.C.G.S. 7B-101
4 Ibid.
5 N.C.G.S. 7B-201; and 131D-10.3, (3) and (9)
6 N.C.A.C. 41F .0601
7 N.C.A.C. 41F .0602
8 N.C.A.C. 14O .0401
9 N.C.A.C. 41E .0403
10 N.C.A.C. 14I .0601
11 N.C.A.C. 14O .0301
12 N.C.A.C. 41G .0501