NC Register Volume 23 Issue 09 - Office of Administrative Hearings

APPROVED RULES
History Note: Authority G.S. 131D-10.5; 131D-10.6; 131D-
10.9; 143B-153; 150B-22; 150B-23;
Eff. October 1, 2008.
10A NCAC 70L .0301 APPEAL PROCEDURES
(a) Within 60 days of the decision to deny, suspend or revoke a
license the applicant or license holder may petition for a
determination of his/her legal rights, privileges or duties. All
petitions must be in writing and contain a statement of the facts
prompting the request sufficient to allow for appropriate
processing by the licensing authority.
(b) The petition for a hearing shall be filed with the Office of
Administrative Hearings in accordance with G.S. 150B-23 and
26 NCAC 03 .0103. In accordance with G.S. 1A-1, Rule 4(j)4 ,
the petition shall be served on a registered agent for service of
process for the licensing authority. A list of registered agents
may be obtained from the Office of Legal Affairs.
(c) Procedures for the processing of an appeal of an adverse
licensing action and for the final decision are specified in G.S.
150B, Article 3 and 10A NCAC 1A.
History Note: Authority G.S. 131D-10.5; 131D-10.6; 131D-
10.9; 143B-153; 150B-22; 150B-23;
Eff. October 1, 2008.
10A NCAC 70M .0101 SCOPE
Rules in this Subchapter contain adoption standards for county
departments of social services, which are the public agencies in
North Carolina mandated by law to provide adoption services.
Included are requirements which shall be met by county
departments of social services in carrying out their
responsibilities under Chapter 48 of the General Statutes and in
the administration of the Adoption Assistance Program under
G.S. 108A-49 and 108A-50, a funding program to facilitate the
adoption of certain children with special needs.
History Note: Authority G.S. 131D-10.5; 143B-153;
Eff. February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. October 1, 2008; June 1, 1990; February 1, 1986.
10A NCAC 70M .0201 PUBLIC AGENCIES
(a) 10A NCAC 70H .0401 governs the policies for public
agencies providing adoption services in determining the
qualifications for personnel and in the recruitment, retention, and
effective performance of qualified personnel.
(b) 10A NCAC 70F .0207 governs the policies for public
agencies in the hiring of staff, use of clerical staff, and use of
volunteers.
(c) The caseload size of social workers providing adoption
services shall be in compliance with requirements set forth in
10A NCAC 70H .0401.
History Note: Authority G.S. 48-1-101; 48-1-109.;
143B-153;
Eff. February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. October 1, 2008; September 1, 1986.
10A NCAC 70M .0302 SERVICES TO ADOPTIVE
APPLICANTS
(a) 10A NCAC 70H .0404, .0405, .0406, .0407, 0408 and .0409
shall govern the policies for public agencies providing adoption
services in determining the procedures for, the application
process, preplacement assessment, notification to adoptive
applicants of acceptance or denial of application, services to
adoptive applicants and families, legal process and record
retention.
(b) A county department of social services shall prepare or
contract for the preparation of a preplacement assessment for an
adoptive applicant who has identified a prospective adoptive
child and has been unable to obtain a preplacement assessment.
An applicant is deemed unable to obtain a preplacement
assessment if the applicant is unable to obtain an assessment at
the fee the county department of social services is permitted to
charge under 10A NCAC 70M .0303. Except as provided in this
Subchapter, no county department of social services is required
to conduct a preplacement assessment unless it agrees to do so.
History Note: Authority G.S. 48-1-100; 48-1-101; 48-1-102;
48-1-103; 48-1-106; 48-1-109; 48-2-205; 48-2-301; 48-2-302;
48-2-304; 48-2-305; 48-2-501; 48-2-502; 48-2-503; 48-2-504;
48-2-601; 48-2-602; 48-2-603; 48-2-604; 48-2-605; 48-2-606;
48-2-607; 48-3-100; 48-3-201; 48-3-202; 48-3-203; 48-3-204;
48-3-205; 48-3-301; 48-3-302; 48-3-303; 48-3-304; 48-3-305;
48-3-306; 48-3-307; 48-3-308; 48-3-30; 48-3-501; 48-4-100;
48-4-101; 48-4-102; 48-4-103; 48-5-100; 48-5-101; 48-6-100;
48-6-102; 48-9-101; 48-9-102; 48-10-104; 48-10-105; 131D-
10.5; 143B-153;
Eff. February 1, 1976;
Readopted Eff. October 31, 1977;
Amended Eff. October 1, 2008; July 17, 2000; September 1,
1986.
10A NCAC 70M .0304 ADOPTIVE HOME
RECRUITMENT
The agency shall have a written plan for on-going recruitment of
adoptive homes for the children it places or plans to place for
adoption. The plan shall adhere to the provisions of the
Multiethnic Placement Act of 1994 as amended by the
Interethnic Adoption Provisions of 1996 and shall be submitted
to the Division of Social Services, Adoption Unit, to ensure
compliance with the Act. If the plan is found to be out of
compliance, it shall be returned to the agency for corrections. A
copy of the Multiethnic Placement Act of 1994 as amended may
be obtained from the U. S. Department of Heath and Human
Services, Children's Bureau, 300 C Street SW, Washington, D.C.
20447.
History Note: Authority G.S. 48-3-204; 131D-10.5; 143B-
153;
Eff. October 1, 2008.
10A NCAC 70M .0502 GENERAL ELIGIBILITY
REQUIREMENTS
(a) The county department of social services having legal
placement responsibility for a child shall submit an application
for payment of service fees to the Division of Social Services. .
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