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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>

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