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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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—<br />

C<br />

—<br />

—<br />

—<br />

PROPOSED RULES<br />

and<br />

(6) environment.<br />

(b) With the exception <strong>of</strong> the circumstances<br />

listed below the client must be seen personally by<br />

the social worker as many times as is<br />

necessary to<br />

do a thorough assessment in the six areas, but a<br />

minimum <strong>of</strong> one time. The personal contact may<br />

be in a setting other than the client's<br />

home, if the<br />

client or others can provide the necessary information<br />

for an assessment <strong>of</strong> the client's living environment,<br />

and, if during the course <strong>of</strong> the assessment,<br />

it does not appear that in-home services will<br />

be needed or appropriate as an alternative to<br />

placement or as an interim service plan.<br />

(c) For the following situations, an assessment<br />

must be done as thoroughly as possible with<br />

information and resources available to the social<br />

worker, without requiring personal contact with<br />

the client to complete the assessment.<br />

(1) a client who is not currently living in<br />

the county in which the application is<br />

made;<br />

(2) a client who is in an emergency situation,<br />

where a placement is needed<br />

quickly and personal contact would be<br />

a barrier to achieving a quick placement;<br />

(3) a client whose case is being transferred<br />

f-Fefij<br />

one social— worker to — another<br />

within the agency or referred by another<br />

service provider or facility , and an<br />

original assessment which addresses all<br />

six functional areas is available. This<br />

assessment must be updated to reflect<br />

current information^ f<br />

ffr a client who i s already in a facility and<br />

is<br />

requesting Adult Placement Services,<br />

and an original assessment which ad<br />

dresses all six functional areas is avail<br />

able.— Thi s as sessment must be updated<br />

to<br />

reflect current information.<br />

(d) Documentation must reflect the reason the<br />

client was not seen personally in conducting the<br />

assessment.<br />

Statutory Authority G.S.<br />

143B-<strong>15</strong>3.<br />

******************<br />

iiotice is hereby given in accordance with G.S.<br />

<strong>15</strong>0B-21.2 that the Social Services Commission<br />

intends to amend rule cited as 10 <strong>NC</strong>AC 42<br />

.3601.<br />

1 he proposed effective date <strong>of</strong> this action is<br />

March 1, 1995.<br />

1 he public hearing will be conducted at 10:00<br />

a.m. on December 7, 1994 at the Albemarle<br />

Building, Room 443-2, 325 North Salisbury Street,<br />

Raleigh, <strong>NC</strong> 27603.<br />

MVeason for Proposed Action: To eliminate the<br />

reference to the Internal Review Committee in the<br />

rule due to a proposed change in process.<br />

Ksomment Procedures:<br />

Comments may be presented<br />

in<br />

writing anytime before or at the public<br />

hearing or orally at the hearing. Time limits for<br />

oral remarks may be imposed by the Commission<br />

Chairman. Any person may request copies <strong>of</strong> this<br />

rule by calling or writing to Ms. Sharnese<br />

Ransome, Division <strong>of</strong> Social Services, 325 N.<br />

Salisbury Street, Raleigh, <strong>NC</strong> 27603, (919) 733-<br />

3055.<br />

CHAPTER 42 - INDIVIDUAL<br />

AND FAMDLY SUPPORT<br />

SUBCHAPTER 42C - LICENSING<br />

OF FAMILY CARE HOMES<br />

SECTION .3600 - ADMINISTRATIVE<br />

PENALTY DETERMINATION<br />

PROCESS<br />

.3601 ADMINISTRATIVE PENALTY<br />

DETERMINATION PROCESS<br />

fa)<br />

The county department <strong>of</strong> social services<br />

shall identify areas <strong>of</strong> non compliance resulting<br />

from an investigation or monitoring visit which<br />

may be violations <strong>of</strong> residents' rights contained in<br />

Gt&— 131D 21 — et — rules — contained — m—this<br />

Subchapter.— If the county department decides to<br />

recommend an administrative penalty as defined in<br />

G.S. 13 ID 3 4 , it shall prepare an administrative<br />

penalty proposal for submission to the Division <strong>of</strong><br />

Facility Services. The proposal shall include<br />

documentation that the facility administrator was<br />

notified— <strong>of</strong> the — county — department's — intent—te<br />

prepare and forward— em — administrative penalty<br />

proposal to the Division <strong>of</strong> Facility— Services;<br />

<strong>of</strong>fered—an opportunity—te provide— additional<br />

information prior—te—the preparation—ef-—the<br />

proposal; after the proposal is prepared, given a<br />

copy <strong>of</strong> the contents <strong>of</strong> the proposal; and then<br />

extended an opportunity to request a local confer<br />

1171 NORTH CAROLINA REGISTER November 1, 1994 9:<strong>15</strong>

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