NC Register Volume 9 Issue 15 - Office of Administrative Hearings
NC Register Volume 9 Issue 15 - Office of Administrative Hearings
NC Register Volume 9 Issue 15 - Office of Administrative Hearings
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PROPOSED RULES<br />
(1) A discussion <strong>of</strong> the allegation with the<br />
individual who has on-site<br />
administrative responsibility for the<br />
institution;<br />
(2) A discussion <strong>of</strong> the procedure to be<br />
followed during the investigation;<br />
(3) The utilization <strong>of</strong> resources within and<br />
without the institution as needed and<br />
appropriate;<br />
(4) A discussion <strong>of</strong> the findings with the<br />
Administrator <strong>of</strong> the institution which<br />
shall be confirmed in writing by the<br />
county director and shall be held<br />
confidential by all parties as outlined in<br />
10 <strong>NC</strong>AC 411 .0313, <strong>of</strong> this<br />
Subchapter.<br />
Statutory Authority G.S.<br />
7A-544; 143B-<strong>15</strong>3.<br />
.0306 WHEN ABUSE, NEGLECT<br />
OR DEPENDE<strong>NC</strong>Y IS FOUND<br />
(a) When a thorough investigation reveals the<br />
presence <strong>of</strong> abuse, neglect, or dependency, the<br />
county director shall<br />
or agencies <strong>of</strong> the case finding:<br />
notify the following persons<br />
(1) any parent or caretaker who was<br />
alleged to have abused or neglected the<br />
child or children;<br />
(2) any parent or other individual with<br />
whom the child or children resided at<br />
the time the county director initiated the<br />
investigation; and<br />
(3) any agency with whom the court has<br />
vested legal custody.<br />
Notification shall be in writing, and within five<br />
working days <strong>of</strong> the case decision.<br />
If the county<br />
director is unable to contact a parent, caretaker, or<br />
perpetrator, documentation <strong>of</strong> reasonable efforts to<br />
locate that person must be included in the case<br />
record.<br />
(b) The county director shall conduct a<br />
structured risk assessment <strong>of</strong> every family in which<br />
abuse or neglect is substantiated. This risk<br />
assessment shall be completed within seven<br />
working days following a case finding <strong>of</strong> abuse or<br />
neglect and the findings <strong>of</strong> the risk assessment<br />
shall be used to evaluate the need for services and<br />
to<br />
develop an intervention plan.<br />
(c) The director shall evaluate the<br />
appropriateness <strong>of</strong> using the formal risk assessment<br />
process in individual substantiated dependency<br />
cases. Examples <strong>of</strong> substantiated dependency<br />
cases that are appropriate for formal risk<br />
assessment are cases involving both neglect and<br />
dependency, and cases involving dependent<br />
children who are being considered for reunification<br />
with their family.<br />
(d) In all cases in which abuse, neglect, or<br />
dependency is found, the county director shall<br />
determine whether protective services<br />
are needed<br />
and, if so^ shall develop, implement, and oversee<br />
an intervention plan to ensure that there is adequate<br />
care for the victim child or children. The<br />
intervention plan shall:<br />
(1) be based on the findings <strong>of</strong> the structured<br />
risk assessment when such a risk<br />
assessment was determined to be required<br />
according to the instructions<br />
provided by the Department <strong>of</strong> Human<br />
Resources, Division <strong>of</strong> Social Services;<br />
and<br />
(2) contain goals representing the desired<br />
outcome toward which all case activities<br />
shall be directed; and<br />
(3) contain objectives that:<br />
(A)<br />
(B)<br />
(C)<br />
describe specific desired outcomes,<br />
are measurable,<br />
identify necessary behavior changes,<br />
(D) are based on an assessment <strong>of</strong> the<br />
(E)<br />
specific needs <strong>of</strong> the child or children<br />
and family,<br />
are time-limited, and<br />
(F) are mutually accepted by the county<br />
director and the client;<br />
(4) specify all the activities needed to<br />
achieve each stated objective;<br />
(5) have clearly stated consequences that<br />
will result from either successfully<br />
following the<br />
plan or not meeting the<br />
goals and objectives specified in the<br />
plan; and<br />
(6) shall include petitioning for the removal<br />
<strong>of</strong> the child or children from the home<br />
and placing the child or children in<br />
appropriate care when protection cannot<br />
be initiated<br />
or children's own home.<br />
or continued in the child's<br />
(e) For those cases that require the completion<br />
<strong>of</strong> a structured risk assessment, the risk assessment<br />
tool shall be completed at the following points in<br />
the case:<br />
(1) within seven working days following a<br />
case finding <strong>of</strong> abuse, neglect, or dependency,<br />
and prior to the development<br />
<strong>of</strong> the intervention plan and prior to the<br />
provision <strong>of</strong> treatment or supportive<br />
services; and<br />
(2) as part <strong>of</strong> the six-month review and the<br />
annual review, if the case remains open<br />
for services; and<br />
1169 NORTH CAROLINA REGISTER November 1, 1994 9:<strong>15</strong>