NC Register Volume 24 Issue 19 - Office of Administrative Hearings

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PROPOSED RULES Public Hearing: Date: June 2, 2010 Time: 10:00 a.m. Location: Albemarle Building, 8 th Floor, Conference Room 832, 325 Salisbury Street, Raleigh, NC 27603 Reason for Proposed Action: Changes in rules governing child-placing agencies, residential child-care and residential maternity care became effective October 1, 2008. During the last Legislative session, HB 1271 was passed giving the Social Services Commission authority to set qualifications for staff of residential child-care facilities, maternity homes and childplacing agencies. The proposed amended rule establishes educational and work experience requirements for staff of residential maternity homes that are consistent with requirements for child-placing agencies and residential childcare agencies. Procedure by which a person can object to the agency on a proposed rule: By submitting your objection in writing to Lisa Johnson, Division of Social Services, 2401 Mail Service Center, Raleigh, NC 27699-2401 or email lisa.johnson@dhhs.nc.gov and by phone (919) 334-1003. Comments may be submitted to: Lisa Johnson, APA Rulemaking Coordinator, Division of Social Services, 2401 Mail Service Center, Raleigh, NC 27699-2401; phone (919) 334- 1003; fax (919) 334-1018; email lisa.johnson@dhhs.nc.gov Comment period ends: June 2, 2010 Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000. Fiscal Impact: State Local Substantial Economic Impact (>$3,000,000) None CHAPTER 70 - CHILDREN'S SERVICES SUBCHAPTER 70K - RESIDENTIAL MATERNITY HOMES SECTION .0200 – MINIMUM LICENSURE STANDARDS 10A NCAC 70K .0201 PERSONNEL (a) Staff Qualifications and Functions. (1) Executive Director. There shall be an executive director employed for the general management and supervision of the maternity home. The executive director shall have a bachelor's degree from a college or university listed in the most current edition of the Higher Education Directory, which can be obtained by calling Higher Education Publications, Inc. at 1-888-349-7715. The executive director shall meet the requirements of a Social Services Program Administrator I as defined by the North Carolina Office of State Personnel. A copy of these requirements can be obtained by contacting the Division of Social Services at 828-669-3388 or by reviewing the following web site: (http://www.osp.state.nc.us/CLASS_SPECS/S pec_Folder_03100- 04099/PDF_Files/04077.pdf). The college or university degree shall be from a college or university listed in the most current edition of the Higher Education Directory, which can be obtained by calling Higher Education Publications, Inc. at 1-888-349-7715. The executive director shall have the following responsibilities: (A) direct the maternity home's program of care and services in accordance with policies established by the governing board and within license standards; (B) recruit, employ, supervise and discharge staff; (C) assure a training program for staff; (D) prepare the annual budget, supervise expenditures, and operate within the budget established; (E) establish and maintain good working relationships with other human service agencies and represent the agency in the community; and (F) delegate authority to a staff member meeting the qualifications described in Paragraph (a)(1) of this Rule, during his or her absence. (2) Professional Services Staff. The maternity home shall have available professional services personnel to assure appropriate services are provided for each resident in accordance with her case plan or out-of-home family services agreement. (3) Social Work Supervisor. Effective July 1, 2010 social work supervisors shall be employed by the maternity home to supervise, evaluate and monitor the work and progress of 24:19 NORTH CAROLINA REGISTER APRIL 1, 2010 1678
PROPOSED RULES the social work staff. The social work supervisor shall have a bachelor's degree from a college or university listed in the most current edition of the Higher Education Directory. The social work supervisor shall meet the requirements of a Social Work Supervisor II as defined by the North Carolina Office of State Personnel. A copy of these requirements can be obtained by contacting the Division of Social Services at 828-669-3388 or by reviewing the following web site: (http://www.osp.state.nc.us/CLASS_SPECS/S pec_Folder_03100- 04099/PDF_Files/04016.pdf). The college or university degree shall be from a college or university listed in the most current edition of the Higher Education Directory. Social work supervisors shall receive 24 hours of continuing education annually. (4) Social Worker. Effective July 1, 2010 social workers shall be employed by the maternity home to provide intake services and social work services to the residents and their families in accordance with the case plan or out-of-home family services agreement. The social worker shall have a bachelor's degree from a college or university listed in the most current edition of the Higher Education Directory. The social worker shall meet the requirements of a Social Worker II as defined by the North Carolina Office of State Personnel. A copy of these requirements can be obtained by contacting the Division of Social Services at 828-669-3388 or by reviewing the following web site: (http://www.osp.state.nc.us/CLASS_SPECS/S pec_Folder_03100- 04099/PDF_Files/04012.pdf). The college or university degree shall be from a college or university listed in the most current edition of the Higher Education Directory. Social workers shall receive 24 hours of continuing education annually. (5) Direct Care Staff. All direct care staff shall have a high-school diploma or GED. Direct care staff shall receive 24 hours of continuing education annually. (6) Direct Care Supervisory Staff. All direct care supervisory staff shall have a high-school diploma or GED. Direct care supervisory staff shall receive 24 hours of continuing education annually. (7) Staff members of the maternity home may maintain dual employment or serve as volunteers with adoption agencies or crisis pregnancy centers as long as the maternity home does not provide services to the clients of the adoption agency or crisis pregnancy center. Staff members of the maternity home may serve on the board of directors of adoption agencies or crisis pregnancy centers as long as the adoption agency or crisis pregnancy center does not provide services to the clients of the maternity home. (b) Staffing Requirements. There shall be at least one social worker assigned for every 15 residents. Supervision of social workers shall be assigned as follows: Supervisors Required Social Workers Employed 0 0-4 (executive director serves as social work supervisor) 1 5 2 6-10 3 11-15 There shall be one additional supervisor for every one to five additional social workers. (c) Direct Care Staff. Direct care staff shall be employed for direct care of maternity home residents (residents include mothers and infants). infants as well as any children or dependents of staff members who live or are cared for in the home). There shall be at least one direct care staff member assigned for every eight residents during waking hours and one direct care staff member for every twelve residents during sleeping hours. Additional direct care staff or other personnel shall be available to assist with emergency situations or special needs of the residents. (d) Direct Care Supervisory Staff. There shall be at least one direct care supervisor for every 15 direct care staff members. (e) Volunteers and Interns. If the maternity home uses volunteers or interns to work directly with residents, the requirements of 10A NCAC 70F .0207 apply. (f) Additional Personnel Requirements. In addition to those requirements specified in 10A NCAC 70F .0207, the following rules are applicable to maternity home programs: (1) Health Examinations. All direct care staff, food service staff and anyone serving in the capacity of direct care staff and food service staff shall have a medical examination completed by a physician, physician's assistant, or nurse practitioner, hereafter referred to as "licensed medical provider," within at least 12 months before beginning employment and biennially thereafter. The agency shall maintain documentation that all direct care staff and food service staff or anyone serving in the capacity of direct care staff and food service staff have had a TB skin test or chest x-ray prior to employment unless contraindicated by a licensed medical provider. A medical history form shall be completed by all direct care staff and food service staff. Examinations must include tests necessary to determine that the staff member is able to carry out assigned duties and does not have any communicable disease or condition which poses risk of transmission in the facility. 24:19 NORTH CAROLINA REGISTER APRIL 1, 2010 1679
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NC Register Volume 24 Issue 19 - Office of Administrative Hearings

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