Chapter VIII:Protective Services 1427 – Responsible Individuals List

CHANGE # 02-2011

OCTOBER 2011

TABLE OF CONTENTS

I. INTRODUCTION

II. DEFINITIONS

III. RESPONSIBLE INDIVIDUALS LIST STATUTE

IV. OUT-OF-STATE SITUATIONS

V. JUDICIAL REVIEW

A. CASE DECISION NOTIFICATION

B. PERSONAL WRITTEN NOTIFICATION

C. PETITION FOR JUDICIAL REVIEW

1. DIRECTOR’S REVIEW AND DETERMINATION

D. JUDICIAL REVIEW PROCESS

1. JUDICIAL DETERMINATION

2. EXTRAORDINARY CIRCUMSTANCES

E. JUDICIAL INVOLVEMENT PRIOR TO CASE DECISION

1. JUDICIAL FINDINGS

2. CASE DECISION

VI. ELIGIBILITY

VII. DSS-5104A FORM COMPLETION: FIELDS AND CODES

I. INTRODUCTION

The development of the Responsible Individuals List (RIL) is a direct result of federal requirements under the Child Abuse Prevention and Treatment Act (CAPTA), Section 106(a). The CAPTA grant requires each state to establish procedures for individuals found to have abused or neglected a juvenile the ability to appeal that decision. Non-compliance with this requirement could impact the receipt of CAPTA funds.

During the 2005-2006 North Carolina Legislative Session, Session Law 2005-399 (HB-661) was passed. This law authorizes the North Carolina Department of Health and Human Services (DHHS) to establish a list of individuals responsible for the abuse and/or serious neglect of a juvenile, to define serious neglect, and to establish a process for expunction from that list.

However, on March 2, 2010 the N.C. Court of Appeals ruled that the statutory provisions that permitted an individual’s name to be placed on the Responsible Individuals List (RIL) without the opportunity for a Judicial Review hearing were un-constitutional. As a result of the court of appeals decision (No. COA09-205) Session Law 2009-507 (SB-567) was enacted. It is now required that an individual identified as responsible for the abuse or serious neglect of a child, have an opportunity for a Judicial Review before their name goes on the RIL.

This policy outlines procedures regarding a responsible individual’s request for a Judicial Review of the local department of social services’ decision to substantiate abuse, abuse and neglect and/or serious neglect/neglect and the decision to place the name on the RIL. G.S. § 7B-302(a) states, “after the completion of an Investigative Assessment that results in a determination of abuse or serious neglect and the identification of a responsible individual, the director shall personally deliver written notice of the determination to the identified individual,” this is interpreted to mean that when a case decision is made to substantiate any combination of abuse, neglect and/or serious neglect, and identify an alleged responsible individual that individual must receive notice regarding the RIL. In other words, use of the RIL is not discretionary.

CPS Assessments that are conducted as Family Assessments are not eligible for the Judicial Review process.