NC Register Volume 24 Issue 19 - Office of Administrative Hearings
NC Register Volume 24 Issue 19 - Office of Administrative Hearings
NC Register Volume 24 Issue 19 - Office of Administrative Hearings
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PROPOSED RULES<br />
Public Hearing:<br />
Date: June 2, 2010<br />
Time: 10:00 a.m.<br />
Location: Albemarle Building, 8 th Floor, Conference Room<br />
832, 325 Salisbury Street, Raleigh, <strong>NC</strong> 27603<br />
Reason for Proposed Action: Changes in rules governing<br />
child-placing agencies, residential child-care and residential<br />
maternity care became effective October 1, 2008. During the<br />
last Legislative session, HB 1271 was passed giving the Social<br />
Services Commission authority to set qualifications for staff <strong>of</strong><br />
residential child-care facilities, maternity homes and childplacing<br />
agencies. The proposed amended rule establishes<br />
educational and work experience requirements for staff <strong>of</strong><br />
residential maternity homes that are consistent with<br />
requirements for child-placing agencies and residential childcare<br />
agencies.<br />
Procedure by which a person can object to the agency on a<br />
proposed rule: By submitting your objection in writing to Lisa<br />
Johnson, Division <strong>of</strong> Social Services, <strong>24</strong>01 Mail Service Center,<br />
Raleigh, <strong>NC</strong> 27699-<strong>24</strong>01 or email lisa.johnson@dhhs.nc.gov<br />
and by phone (9<strong>19</strong>) 334-1003.<br />
Comments may be submitted to: Lisa Johnson, APA<br />
Rulemaking Coordinator, Division <strong>of</strong> Social Services, <strong>24</strong>01 Mail<br />
Service Center, Raleigh, <strong>NC</strong> 27699-<strong>24</strong>01; phone (9<strong>19</strong>) 334-<br />
1003; fax (9<strong>19</strong>) 334-1018; email lisa.johnson@dhhs.nc.gov<br />
Comment period ends: June 2, 2010<br />
Procedure for Subjecting a Proposed Rule to Legislative<br />
Review: If an objection is not resolved prior to the adoption <strong>of</strong><br />
the rule, a person may also submit written objections to the<br />
Rules Review Commission after the adoption <strong>of</strong> the Rule. If the<br />
Rules Review Commission receives written and signed<br />
objections after the adoption <strong>of</strong> the Rule in accordance with G.S.<br />
150B-21.3(b2) from 10 or more persons clearly requesting<br />
review by the legislature and the Rules Review Commission<br />
approves the rule, the rule will become effective as provided in<br />
G.S. 150B-21.3(b1). The Commission will receive written<br />
objections until 5:00 p.m. on the day following the day the<br />
Commission approves the rule. The Commission will receive<br />
those objections by mail, delivery service, hand delivery, or<br />
facsimile transmission. If you have any further questions<br />
concerning the submission <strong>of</strong> objections to the Commission,<br />
please call a Commission staff attorney at 9<strong>19</strong>-431-3000.<br />
Fiscal Impact:<br />
State<br />
Local<br />
Substantial Economic Impact (>$3,000,000)<br />
None<br />
CHAPTER 70 - CHILDREN'S SERVICES<br />
SUBCHAPTER 70K - RESIDENTIAL MATERNITY<br />
HOMES<br />
SECTION .0200 – MINIMUM LICENSURE STANDARDS<br />
10A <strong>NC</strong>AC 70K .0201 PERSONNEL<br />
(a) Staff Qualifications and Functions.<br />
(1) Executive Director. There shall be an<br />
executive director employed for the general<br />
management and supervision <strong>of</strong> the maternity<br />
home. The executive director shall have a<br />
bachelor's degree from a college or university<br />
listed in the most current edition <strong>of</strong> the Higher<br />
Education Directory, which can be obtained by<br />
calling Higher Education Publications, Inc. at<br />
1-888-349-7715. The executive director shall<br />
meet the requirements <strong>of</strong> a Social Services<br />
Program Administrator I as defined by the<br />
North Carolina <strong>Office</strong> <strong>of</strong> State Personnel. A<br />
copy <strong>of</strong> these requirements can be obtained by<br />
contacting the Division <strong>of</strong> Social Services at<br />
828-669-3388 or by reviewing the following<br />
web site:<br />
(http://www.osp.state.nc.us/CLASS_SPECS/S<br />
pec_Folder_03100-<br />
04099/PDF_Files/04077.pdf). The college or<br />
university degree shall be from a college or<br />
university listed in the most current edition <strong>of</strong><br />
the Higher Education Directory, which can be<br />
obtained by calling Higher Education<br />
Publications, Inc. at 1-888-349-7715.<br />
The executive director shall have the following<br />
responsibilities:<br />
(A) direct the maternity home's program<br />
<strong>of</strong> care and services in accordance<br />
with policies established by the<br />
governing board and within license<br />
standards;<br />
(B) recruit, employ, supervise and<br />
discharge staff;<br />
(C) assure a training program for staff;<br />
(D) prepare the annual budget, supervise<br />
expenditures, and operate within the<br />
budget established;<br />
(E) establish and maintain good working<br />
relationships with other human<br />
service agencies and represent the<br />
agency in the community; and<br />
(F) delegate authority to a staff member<br />
meeting the qualifications described<br />
in Paragraph (a)(1) <strong>of</strong> this Rule,<br />
during his or her absence.<br />
(2) Pr<strong>of</strong>essional Services Staff. The maternity<br />
home shall have available pr<strong>of</strong>essional<br />
services personnel to assure appropriate<br />
services are provided for each resident in<br />
accordance with her case plan or out-<strong>of</strong>-home<br />
family services agreement.<br />
(3) Social Work Supervisor. Effective July 1,<br />
2010 social work supervisors shall be<br />
employed by the maternity home to supervise,<br />
evaluate and monitor the work and progress <strong>of</strong><br />
<strong>24</strong>:<strong>19</strong> NORTH CAROLINA REGISTER APRIL 1, 2010<br />
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