SUBCHAPTER 70E – LICENSING OF FOSTER HOMES
SECTION .0600 – GENERAL
10A NCAC 70E .0601 SCOPE
10A NCAC 70E .0602 DEFINITIONS
SECTION
.0700 – LICENSING
REGULATIONS AND PROCEDURES
10A NCAC 70E .0701 LICENSING AUTHORITY FUNCTION
10A NCAC 70E .0702 RESPONSIBILITY
10A NCAC 70E .0703 NEW LICENSES
10A NCAC 70E .0704 RELICENSURE AND RENEWAL
10A NCAC 70E .0705 CHANGE IN FACTUAL INFORMATION ON THE LICENSE
10A NCAC 70E .0706 FOSTER HOME TRANSFER PROCEDURES
10A NCAC 70E .0707 TERMINATION
10A NCAC 70E .0708 REVOCATION OR DENIAL
10A NCAC 70E .0709 KINDS OF LICENSES
10A NCAC 70E .0710 OUT OF STATE FACILITIES AND FOSTER HOMES
SECTION .0800 - MUTUAL HOME ASSESSMENT
10A NCAC 70E .0801 PURPOSE
10A NCAC 70E .0802 METHOD OF MUTUAL HOME ASSESSMENT
10A NCAC 70E .0803 ASSESSMENT PROCESS
10A NCAC 70E .0804 USE OF REFERENCES
10A NCAC 70E .0805 PERIODIC REASSESSMENT OF HOME
10A NCAC 70E .0806 AGENCY FOSTER PARENT AGREEMENT
SECTION
.0900 – FORMS
10A NCAC 70E .0901 LICENSE APPLICATION
10A NCAC 70E .0902 AGENCY FOSTER PARENTS' AGREEMENT
10A NCAC 70E .0903 DEPARTMENT OF SOCIAL SERVICES INTERCOUNTY AGREEMENT
SECTION
.1000 – CAPACITY
10A NCAC 70E .1001 FOSTER HOME
SECTION
.1100 – STANDARDS
FOR LICENSING
10A NCAC 70E .1101 CLIENT RIGHTS
10A NCAC 70E .1102 MEDICATION
10A NCAC 70E .1103 PHYSICAL RESTRAINTS
10A NCAC 70E .1104 CRITERIA FOR THE FAMILY
10A NCAC 70E .1105 CONFLICT OF INTEREST
10A NCAC 70E .1106 DAY CARE CENTER OPERATIONS
10A NCAC 70E .1107 RELATIONSHIP TO SUPERVISING AGENCY
10A NCAC 70E .1108 FIRE AND BUILDING SAFETY
10A NCAC 70E .1109 HEALTH REGULATIONS
10A NCAC 70E .1110 ENVIRONMENTAL REGULATIONS
10A NCAC 70E .1111 ROOM ARRANGEMENTS
10A NCAC 70E .1112 EXTERIOR SETTING AND SAFETY
10A NCAC 70E .1113 LICENSING COMPLIANCE VISITS
10A NCAC 70E .1114 CRIMINAL HISTORIES
10A NCAC 70E .1115 RESPONSIBLE INDIVIDUALS LIST
10A NCAC 70E .1116 CRIMINAL HISTORY CHECKS
10A NCAC 70E .1117 TRAINING REQUIREMENTS
SUBCHAPTER 70E – LICENSING OF FOSTER HOMES
10A NCAC 70E .0601 SCOPE
(a) The North Carolina Department of Health and Human Services, Division
of Social Services is the licensing authority for family foster homes
and therapeutic foster homes.
(b) The rules in this Subchapter apply to the licensing of family foster
homes and therapeutic foster homes and those persons who receive children
for the purpose of placement in family foster homes and therapeutic foster
homes.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
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10A NCAC 70E .0602 DEFINITIONS
Except when the context of the Rule indicates that the term has a different
meaning the following definitions shall apply to the rules in Subchapter
70E:
(1) “Agency” means a child placing agency as defined in
G.S. 131D-10.2 that is authorized by law to receive children for purposes
of placement in foster homes or adoptive homes.
(2) “Family Foster Home” has the meaning as defined in GS
131D-10.2 (8).
(3) “Family Foster Care” means a planned, goal-directed service
in which the temporary protection and care of children take place in
a family foster home. Family foster care is a child welfare service for
children and their parents who must live apart from each other for a
period of time due to abuse, neglect, dependency, or other circumstances
necessitating out-of-home care.
(4) “Licensing Authority” means the North Carolina Division
of Social Services.
(5) “Owner” means any person who holds an ownership interest
of five percent or more of the applicant. A person includes a sole proprietor,
co-owner, partner or shareholder, principal or affiliate, or any person
who is the applicant or any owner of the applicant.
(6) “Supervising Agency” means a county department of social
services or a private child- placing agency that is authorized by law
to receive children for purposes of placement in foster homes or adoptive
homes. Supervising agencies are responsible for recruiting, training,
and supporting foster parents. Supervising agencies recommend the licensure
of foster homes to the licensing authority.
(7) “Therapeutic Foster Care” means a foster home where the
foster parent has received additional training in providing care to children
with behavioral mental health or substance abuse problems.
History Note: Authority G.S 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
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SECTION .0700 – LICENSING
REGULATIONS AND PROCEDURES
10A NCAC 70E .0701 LICENSING AUTHORITY FUNCTION
(a) The supervising agency shall submit the licensing application for
family foster care and therapeutic foster care to the licensing authority.
When the licensing authority receives licensing materials, the licensing
authority shall review the licensing materials relative to standards,
policies, and procedures for licensing. The licensing authority shall
communicate with the supervising agency submitting the materials if additional
information, clarification or materials are needed to make a decision
regarding license approval.
(b) A license is valid for the period of time stated on the license for
the number of children specified and for the place of residence identified
on the license.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0702 RESPONSIBILITY
Each supervising agency providing foster care services shall access its
applicants and licensees. Supervising agencies shall submit to the
licensing authority information and reports that are used as the basis
of either issuing or continuing to issue licenses.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
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10A NCAC 70E .0703 NEW LICENSES
(a) The supervising agency shall submit all licensing materials to the
licensing authority dated within 180 days prior to submitting an application
for a new license. The supervising agency shall submit medical examinations
of the members of the foster home to the licensing authority dated within
12 months prior to submitting an application for a new license.
(b) The supervising agency shall submit all licensing application materials
required for a license to the licensing authority at one time. The licensing
authority shall return incomplete licensing applications to the supervising
agency.
(c) The licensing authority shall issue a new license, if approved according
to the Rules in this Section, effective the date the application and
all required materials are received by the licensing authority.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0704 RELICENSURE AND RENEWAL
(a) Foster homes shall be relicensed in accordance with the expiration
date on the license. Materials for renewing a license are due to the
licensing authority prior to the date the license expires.
(b) All relicensing materials shall be completed and dated within 180
days prior to the date the supervising agency submits materials for licensure
to the licensing authority. Medical examinations of the members of the
foster home shall be completed and dated within 12 months prior to submitting
materials for relicensure.
(c) All relicensing materials shall be submitted at one time to the licensing
authority. Incomplete relicensure applications shall be returned to the
supervising agency.
(d) If materials are submitted after the foster home license expires,
a license, if approved, shall be issued effective the date the licensing
materials are received by the licensing authority.
(e) When a foster home license is terminated for failure to submit relicensure
materials, the home shall be relicensed if the relicensure materials
are submitted to the licensing authority within one year of the date
the license was terminated and all requirements are met. After one year,
the supervising agency shall submit a new licensure application to the
licensing authority.
(f) When a foster home license has been terminated in good standing and
the foster family wishes to be licensed again, the license shall be renewed
if there are no changes or the changes meet the requirements of the Rules
of this Section. The period of time for this renewed license is from
the date the request is received by the licensing authority to the end
date of the license period in effect when the license was terminated.
(g) Unless previously licensed foster parents who have not been licensed
within the last 24 consecutive months demonstrate mastery of the parenting
skills listed in 10A NCAC 70E .1117 (1) to the satisfaction of the supervising
agency and documented to the licensing authority, the foster parents
shall complete the 30 hours of pre-service training specified in 10A
NCAC 70E .1117 (1).
(h) Unless previously licensed therapeutic foster parents who have not
been licensed within the last 24 consecutive months demonstrate mastery
of the therapeutic skills listed in 10A NCAC 70E .1117 (2) to the satisfaction
of the supervising agency and documented to the licensing authority,
the therapeutic foster parents shall complete the 10 hours of pre-service
training specified in 10A .1117 (2).
(i) The supervising agency shall provide documentation to the licensing
authority that trainings for first aid, CPR, and universal precautions
are updated.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0705 CHANGE IN FACTUAL INFORMATION ON THE LICENSE
(a) A license may be changed during the time it is in effect if the change
is in compliance with licensing standards.
(b) The supervising agency shall submit supportive data to the licensing
authority for the following:
(1) changes in age range, number of children, and sex; or
(2) change in residence
(c) A foster home license may not be changed to a residential child-care
facility license. The foster home license shall be terminated and materials
shall be submitted in accordance with 10A NCAC 70I or 10A NCAC 70J in
order to be licensed as a residential child-care facility.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0706 FOSTER HOME TRANSFER PROCEDURES
(a) A foster home licensed and in good standing with the licensing authority
may transfer from the supervision of a county department of social
services or a private child-placing agency to the supervision of another
county department of social services or private child-placing agency
upon request. Procedures for transferring licenses include:
(1) the current supervising agency providing copies of the most recent
mutual home assessment, training, and licensing documents to the receiving
supervising agency;
(2) the current supervising agency notifying the custodian(s) of the
foster children placed in the home of the transfer;
(3) the receiving supervising agency notifying the custodian(s) of the
foster children placed in the home of the transfer;
(4) a Foster Care Facility License Action Request Form from the previous
supervising agency that is marked terminated shall be submitted to the
licensing authority;
(5) a Foster Care Facility License Action Request Form from the receiving
supervising agency that is marked new license shall be submitted to the
licensing authority;
(6) a cover letter from the previous supervising agency stating they
are aware of the transfer shall be submitted to the licensing authority;
(7) a cover letter from the receiving supervising agency requesting transfer
shall be submitted to the licensing authority; and
(8) a mutual home assessment written by the receiving supervising agency
shall be submitted to the licensing authority.
(b) The materials in paragraph (a) of this rule shall be submitted to
the licensing authority within 90 days after the foster parents request
to transfer to another supervising agency.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0707 TERMINATION
(a) Licenses terminate at the end of the license period unless all relicensing
materials have been received by the licensing authority prior to the
license expiration date.
(b) If a supervising agency wishes to terminate a license before the
license expiration date, the agency must notify the foster parents.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0708 REVOCATION OR DENIAL
(a) The licensing authority may revoke licenses when an agency authorized
by law to investigate allegations of abuse or neglect finds the foster
parent has abused or neglected a child.
(b) The licensing authority may revoke a license when the foster home
is not in compliance with licensing standards.
(c) The licensing authority shall base the revocation on the following:
(1) a child's circumstances;
(2) a child's permanency plan;
(3) the nature of the non-compliance; and
(4) the circumstances of the placement.
(d) Foster parents shall be notified in writing of the reasons for the
licensing authority’s decision to revoke a license. When a license
has been revoked, foster parents shall submit their license to the supervising
agency so it can be returned to the licensing authority.
(e) The licensing authority may deny licensure to an applicant who has
a finding or pending investigation that may result in a finding that
will place the applicant on the Health Care Personnel Registry in accordance
with G.S. 131E-256.
(f) The licensing authority may also deny licensure to an applicant under
any of the following circumstances:
(1) the applicant was the owner of a licensable facility or agency pursuant
to Chapter 122C, Chapter 131D, or Article 7 of Chapter 110 of the General
Statutes, and that a facility or agency had its license revoked;
(2) the applicant is the owner of a licensable facility or agency and
that facility or agency incurred a penalty for a Type A or B violation
under G.S. 122C, Article 3;
(3) the applicant is the owner of licensable facility or agency that
had its license summarily suspended or downgraded to provisional status
as a result of violations under G.S. 122C-24.1(a), or G.S. 131D, Article
1A, or had its license summarily suspended or denied under G.S. 110,
Article 7;
(4) the applicant was the owner of a licensable facility or agency pursuant
to G.S. 122C, G.S. 131D, or G.S. 110, Article 7, who voluntarily relinquished
that facility or agency’s license after the initiation of revocation
or summary suspension proceedings, or there is a pending appeal of a
denial, revocation, or summary suspension of that facility or agency’s
license; or
(5) the applicant has as any part of its governing body or management
an owner who previously held a license that was revoked or summarily
suspended pursuant to G.S. 122C, G.S. 131D, or G.S. 110, Article 7.
(g) The denial of licensure pursuant to Paragraph (f) of this Rule shall be
in accordance with G.S. 122C-23(e1) and G.S. 131D-10.3(h). A copy of these
statutes may be obtained through the internet at http://www.ncleg.net/Statutes/Statutes.html.
(h) Appeal procedures specified in 10A NCAC 70L .0301 shall be applicable for
persons seeking an appeal to the licensing authority’s decision to revoke
or deny a license. If the action is reversed on appeal, the application shall
be approved back to the date of the denied application if all qualifications
are met.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0709 KINDS OF LICENSES
(a) Full License. A full license shall be issued for no more than two
years when all licensing requirements are met.
(b) Provisional License.
(1) A provisional license shall be issued for no more than six months
while some below standard component is being corrected.
(2) A provisional license for the same below standard program component
shall not be renewed.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0710 OUT OF STATE FACILITIES AND FOSTER HOMES
The use of out of state residential child-care facilities and foster
homes for the placement of children in the custody of a North Carolina
county department of social services shall be in accordance with the
following:
(1) Prior to placement into an out of state foster home, group home,
child-caring institution, maternity home or any other residential child-care
facility, the county department of social services placing the child
in the out-of-state facility shall determine that the foster home, group
home, child-caring institution, maternity home, or any other residential
child-care facility is licensed according to the standards of that state.
(2) The county department of social services shall monitor the licensing
and relicensing of the out-of-state foster home, group home, child-caring
institution, maternity home or any other residential child-care facility
to ensure that no child for whom they have responsibility is in an unlicensed
foster home, group home, child-caring institution, maternity home or
any other residential child-care facility.
(3) The county department of social services shall submit to the licensing
authority written documentation that an out-of-state foster home, group
home, child-caring institution, maternity home or any other residential
child-care facility has been licensed and that an Interstate Compact
for the Placement of Children Form for the child to be placed out of
state has been signed by both states in order for the foster home, group
home, child-caring institution, maternity home or any other residential
child-care facility to be issued a license identification number for
foster care reimbursement purposes.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
SECTION .0800 - MUTUAL HOME ASSESSMENT
10A NCAC 70E .0801 PURPOSE
(a) The supervising agency shall conduct a mutual home assessment study
of the foster home to determine if the home meets the requirements for
licensure and is suitable for family foster care of children needing
family foster care services or therapeutic foster care of children needing
therapeutic foster care services.
(b) The supervising agency shall provide information to applicants that
will make it possible for the applicants to make a knowledgeable decision
about their interest in pursuing licensure. The supervising agency shall
learn enough about the applicants to determine whether the applicants
can meet the needs of children and care for children in accordance with
licensing requirements. The supervising agency shall also learn enough
about the applicants to determine the kind of child they can best serve.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0802 METHOD OF MUTUAL HOME ASSESSMENT
The mutual home assessment shall be carried out in a series of planned
discussions between the supervising agency staff, the prospective foster
parent applicants and other members of the household. The family shall
be seen by the social worker in the family's home and in the supervising
agency’s office. For two-parent homes, separate as well as joint
discussions with both parents shall be arranged. For foster homes with
more than two parents, separate as well as joint discussions with all
parents shall be arranged.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0803 ASSESSMENT PROCESS
(a) The supervising agency shall advise the applicants at the first contact
with the agency of the North Carolina licensing requirements for foster
care. The supervising agency shall make a decision whether to continue
a mutual home assessment.
(b) The supervising agency shall inform the applicants about the services,
policies, procedures, standards, and expectations of the agency regarding
the provision of foster care services. The applicants shall weigh the
responsibilities entailed in providing foster care services and make
a decision whether to continue a mutual home assessment.
(c) Mutual Assessment of the Home and the Family:
(1) The mutual home assessment shall be presented and recorded in such
a way that other staff of the supervising agency can make use of the
family as a resource for children. The assessment of the home shall indicate
whether the home is in compliance with licensing standards.
(2) A mutual home assessment shall include a family history of applicants,
including information about parents, siblings, marriages and family support
systems; ability to cope with problems, stress, frustrations, crises,
and loss; disciplinary methods used by the applicants’ parents;
personal experiences of abuse and neglect and domestic violence; criminal
convictions; drug or alcohol abuse; emotional stability and maturity;
ability to give and receive affection; religious orientation, if any;
and educational and employment history.
(3) A mutual home assessment shall be made of the applicants' skills
and abilities to provide care for children as set forth in 10A NCAC .1104(a).
(4) All members of the household shall be assessed with respect to their
commitment to providing care for children.
(5) The foster home shall be assessed to determine if there is space
to accommodate the number of children recommended for the license capacity.
(6) The foster home applicants shall be assessed with respect to their
willingness to participate in shared parenting requirements.
(7) The foster home applicants shall be assessed with respect to their
financial ability to provide foster care.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0804 USE OF REFERENCES
References shall be used to supplement the information obtained through
interviews and observation regarding the applicants. All adult members
of the foster home shall provide three references to the supervising
agency.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0805 PERIODIC REASSESSMENT OF HOME
(a) A foster home shall be reassessed at least biennially.
(b) Reassessment shall include a mutual assessment with the foster parents
of their skills and abilities to provide care for children, including
ways in which they have been able to meet the needs of children placed
in their home and areas in which they need further development.
(c) Any changes in physical set up and in the foster parents' capacities
for providing foster care since the original home assessment or previous
reassessments shall be documented in the family's record.
(d) Reassessment shall be used as a tool for relicensing the home.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0806 AGENCY FOSTER PARENT AGREEMENT
The supervising agency Foster Parents Agreement, defining each party's
rights and obligations shall be reviewed and signed by the foster parents
and the licensing worker at the time of the initial licensing and no
less than biennially thereafter.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
SECTION .0900 – FORMS
10A NCAC 70E .0901 LICENSE APPLICATION
Application for a license shall be made on a form provided by the licensing
authority. The supervising agency director or his/her designee shall
sign the form and thereby indicate both the home meets the licensing
standards, and the supervising agency intends to use the home in accordance
with the license and provide services to the foster parents. The foster
parents shall sign the application indicating their agreement with the
information provided, declaring it is true and accurate and understand
that according to G.S. 132-1, the information may be furnished to others
upon request. The form shall be submitted to the licensing authority
at least biennially.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0902 AGENCY FOSTER PARENTS' AGREEMENT
(a) Foster parents shall sign an agreement under which the foster parents
shall:
(1) allow the representative of the supervising agency to visit the home
in conjunction with licensing procedures, foster care planning, and placement;
(2) accept children into the home only through the supervising agency
and not through other individuals, agencies, or institutions;
(3) treat a child placed in the home as a member of the family, and when
so advised by the supervising agency, make every effort to support, encourage,
and enhance the child's relationship with the child's parents or guardian;
(4) maintain continuous contact and exchange of information between the
supervising agency and the foster parents about matters affecting the
adjustment of any child placed in the home. The foster parents shall
agree to keep these matters confidential and discuss them only with the
supervising agency staff members, or with other professional people designated
by the agency;
(5) obtain the permission of the supervising agency if the child is to
be out of the home for a period exceeding two nights;
(6) report to the supervising agency any changes in the composition of
the household, change of address, or change in the employment status
of any adult member of the household;
(7) make no independent plans for a child to visit the home of the child's
parents, guardian, or relatives without prior consent from the supervising
agency;
(8) adhere to the supervising agency's plan of medical care, both for
routine care and treatment, and emergency care and hospitalization; and
(9) provide any child placed in the home with supervision at all times
while the child is in the home, not leave the child unsupervised, and
adhere to the supervision requirements specified in the out-of-home family
services agreement or person-centered plan.
(b) The supervising agency shall sign an agreement under which the supervising
agency shall:
(1) assume responsibility for the overall planning for the child and assist
the foster parents in meeting their day to day responsibility towards the child;
(2) inform the foster parents concerning the agency's procedures and financial
responsibility for obtaining medical care and hospitalization;
(3) pay the foster parents a monthly room and board payment, and if applicable,
a respite care payment for children placed in the home;
(4) discuss with the foster parents any plans to remove a child from the foster
home;
(5) give the foster parents notice before removing a child from the foster
home;
(6) visit the foster home and child according to the out-of-home family services
agreement or person- centered plan and be available to give needed services
and consultation concerning the child's welfare;
(7) respect the foster parents' preferences in terms of sex, age range, and
number of children placed in the home;
(8) provide or arrange for training for the foster parents;
(9) include foster parents as part of the decision-making team for a child;
and
(10) allow foster parents to review and receive copies of their licensing record.
(c) The agreement shall also contain any other provisions mutually agreed by
the parties.
(d) The foster parents and a representative of the supervising agency shall
sign and date the agreement initially and at each relicensure. The foster parents
and the supervising agency shall retain copies of the agreements.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .0903 DEPARTMENT OF SOCIAL SERVICES INTERCOUNTY AGREEMENT
(a) Before children are placed in a foster home in a county (the supervising
county) other than the county of their home (the responsible county),
the two county departments of social services shall agree in writing
that the supervising county shall:
(1) accept responsibility for supervising the child;
(2) not initiate placement planning for the child without prior agreement
from the responsible county, except when an emergency placement in another
foster home or licensed facility is necessary;
(3) immediately inform the responsible county when an emergency placement
in another foster home or licensed facility precludes prior approval;
(4) engage in no treatment or planning relationship with the child's
parents, guardian, or relatives, except upon request of the responsible
county;
(5) keep the case confidential; and
(6) submit to the responsible county, at intervals specified in the agreement,
a written evaluation of the child's adjustment.
(b) In the agreement, the responsible county shall agree to:
(1) make payments for room and board and difficulty of care or respite
care, if applicable, to the supervising county in the amounts and at
the times specified in the agreement;
(2) take responsibility for placement of the child;
(3) make restitution, in accordance with a plan specified in the agreement,
for damage that the child causes to the foster parents' property;
(4) inform the supervising county concerning future planning for the
child; and
(5) write the room and board check in a manner specified in the agreement,
in order to protect confidentiality.
(c) The agreement shall specify the manner in which payment for clothes,
medical costs, and allowances shall be made.
(d) The agreement shall specify the dates between which the agreement
shall be effective. The agreement shall be signed by the directors of
the two county
departments of social services. The responsible county and the supervising
county shall each have a signed copy of the agreement. The responsible county
shall provide the children’s services program representative with a copy
of the signed agreement, if requested.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
SECTION .1000 – CAPACITY
10A NCAC 70E .1001 FOSTER HOME
(a) Effective September 1, 2007 not more than five children shall reside
in any newly licensed family foster home at any time. Effective July
1, 2008 not more than five children shall reside in any family foster
home at any time. These five children shall include the foster parent's
own children, children placed for family foster care, licensed capacity
for in-home day care children, children kept for babysitting or any other
children residing in the home. Children kept for in-home day care and
babysitting are considered residents of the home.
(b) Effective September 1, 2007 not more than four children including
not more than two foster children shall reside in a newly licensed therapeutic
foster home at any time. Effective January 1, 2008 not more than four
children including not more than two foster children shall reside in
any therapeutic foster home at any time. The four children shall include
the foster parent’s own children, children placed for therapeutic
foster care, children placed for family foster care or any other children
living in the home. Therapeutic foster parents shall not provide in-home
day care or baby sitting services in the therapeutic foster home.
(c) With prior approval from the licensing authority, an exception to
these standards may be made:
(1) if written documentation is submitted to the licensing authority
for family foster care that siblings will be placed together and the
foster home complies with Parts (3) and (4) of this Subparagraph. The
out-of-home family services agreement for each sibling shall specify
that siblings will be placed together and shall also address the foster
parents’ skill, stamina, and ability to care for the children;
(2) if written documentation is submitted to the licensing authority
for therapeutic foster care that siblings will be placed together and
the foster home complies with Parts (3) and (4) of this Subparagraph.
The person-centered plan or out-of-home family services agreement for
each sibling shall specify that siblings shall be placed together and
shall also address the foster parents’ skill, stamina, and ability
to care for the children;
(3) if written documentation is submitted to the licensing authority
that the foster home complies with 10A NCAC 70E .1108; and
(4) if written documentation is submitted to the licensing authority
that the foster home complies with 10A NCAC 70L .0102.
(d) Family foster homes and therapeutic foster homes shall not provide
Community Alternative Programs services for Disabled Adults (CAP/DA)
unless the disabled adult was placed in the foster home as a Community
Alternatives Programs for Children (CAP C) client prior to his/her 18th
birthday. This disabled adult shall be included in the capacity for the
foster home.
(e) Members of the household 18 years old and over and not receiving
foster care services are not included in capacity, but there shall be
physical accommodations in the home to provide them room and board.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
SECTION .1100 – STANDARDS
FOR LICENSING
10A NCAC 70E .1101 CLIENT RIGHTS
(a) Foster parents shall ensure that each foster child:
(1) has clothing to wear that is appropriate to the weather;
(2) is allowed to have personal property;
(3) is encouraged to express opinions on issues concerning care;
(4) is provided care in a manner that recognizes variations in cultural
values and traditions;
(5) is provided the opportunity for spiritual development and is not
denied the right to practice religious beliefs;
(6) is not identified in connection with the supervising agency in any
way that would bring the child or the child's family embarrassment;
(7) is not forced to acknowledge dependency on or gratitude to the foster
parents;
(8) is encouraged to contact and have telephone conversations with family
members, when not contraindicated in the child's visitation and contact
plan;
(9) is provided training and discipline that is appropriate for the child's
age, intelligence, emotional makeup, and past experience;
(10) is not subjected to cruel or abusive punishment;
(11) is not subjected to corporal punishment;
(12) is not deprived of a meal or contacts with family for punishment
or placed in isolation time-out except when isolation time-out means
the removal of a child to an unlocked room or area from which the child
is not physically prevented from leaving. The foster parent may use isolation
time-out as a behavioral control measure when the foster parent provides
it within hearing distance of a foster parent. The length of time alone
shall be appropriate to the child's age and development;
(13) is not subjected to verbal abuse, threats, or humiliating remarks
about himself/herself or his/her families;
(14) is provided a daily routine in the home that promotes a positive
mental health environment and provides an opportunity for normal activities
with time for rest and play;
(15) is provided training in good health habits, including proper eating,
frequent bathing, and good grooming. Each child shall be provided food
with nutritional content for normal growth and health.
Any diets prescribed by a licensed medical provider shall be provided;
(16) is provided medical care in accordance with the treatment prescribed
for the child;
(17) of mandatory school age maintains regular school attendance unless
the child has been excused by the authorities;
(18) is encouraged to participate in neighborhood and group activities,
have friends visit the home and visit in the homes of friends;
(19) assumes responsibility for himself/herself and household duties
in accordance with his/her age, health, and ability. Household tasks
shall not interfere with school, sleep, or study periods;
(20) is provided opportunities to participate in recreational activities;
(21) is not permitted to do any task which is in violation of child labor
laws or not appropriate for a child of that age;
(22) is provided supervision in accordance with the child's age, intelligence,
emotional makeup, and experience; and
(23) if less than eight years of age and weighs less than 80 pounds is
properly secured in a child passenger restraint system that is approved
and installed in a manner authorized by the Commissioner of Motor Vehicles.
(b) Foster parents shall initially and at relicensure sign a Discipline
Agreement that specifically acknowledges their agreement as specified
in Subparagraphs (a)(9), (10), (11), (12), and (13) of this Rule, as
well as discipline requirements outlined in the out-of-home family services
agreement or person-centered plan. The foster parents and the supervising
agency shall retain copies of these agreements.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1102 MEDICATION
Foster parents shall be responsible for the following regarding medication:
(1) General requirements:
(a) retain the manufacturer's label with expiration dates visible on non-prescription
drug containers not dispensed by a pharmacist;
(b) administer prescription drugs to a child only on the written order of a
person authorized by law to prescribe drugs;
(c) allow prescription medications to be self-administered by children only
when authorized in writing by the child's licensed medical provider;
(d) allow non-prescription medications to be administered to a child taking
prescription medications only when authorized by the child’s licensed
medical provider; allow non-prescription medications to be administered to
a child not taking prescription medication, with the authorization of the parents,
guardian, legal custodian, or licensed medical provider;
(e) allow injections to be administered by unlicensed persons who have been
trained by a registered nurse, pharmacist, or other legally qualified person;
(f) immediately record in a Medication Administration Record (MAR) provided
by the supervising agency all drugs administered to each child. The MAR shall
include the following: child’s name; name, strength, and quantity of
the drug; instructions for administering the drug; date and time the drug is
administered, discontinued, or returned to the supervising agency or the person
legally authorized to remove the child from foster care; name or initials of
person administering or returning the drug; child requests for changes or clarifications
concerning medications; and child’s refusal of any drug; and
(g) follow-up for child requests for changes or clarifications concerning medications
with an appointment or consultation with a licensed medical provider.
(2) Medication disposal:
(a) return prescription medications to the supervising agency or person legally
authorized to remove the child from foster care; and
(b) return discontinued prescription medications to the supervising agency
for disposal, in accordance with 10A NCAC 70G .0211(c).
(3) Medication storage:
(a) store prescription and over-the-counter medications in a locked cabinet
in a clean, well-lighted, well-ventilated room other than bathrooms, kitchen,
or utility room between 75º F (24° C) and 80º F (26.7° C);
(b) store medications in a refrigerator, if required, between 36º F (2º C)
and 46º F (8º C). If the refrigerator is used for food items, medications
shall be kept in a separate, locked compartment or container within the refrigerator;
and
(c) store prescription medications separately for each child.
(4) Psychotropic medication review:
(a) arrange for any child receiving psychotropic medications to have his/her
drug regimen reviewed by the child’s licensed medical provider at least
every six months;
(b) report the findings of the drug regimen review to the supervising agency;
and
(c) document the drug review in the MAR along with any prescribed changes,
if applicable.
(5) Medication errors:
(a) report drug administration errors or adverse drug reactions immediately
to a licensed medical provider or pharmacist; and
(b) document the drug administered and the drug reaction in the MAR.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70 E .1103 PHYSICAL RESTRAINTS
(a) Foster parents who utilize physical restraint holds shall not engage
in discipline or behavior management that includes:
(1) protective or mechanical restraints;
(2) drug used as a restraint, except as outlined in Paragraph (b) of
this Rule;
(3) seclusion of a child in a locked room; or
(4) physical restraint holds except for a child who is at imminent risk
of harm to himself/herself or others until the child is calm.
(b) Foster parents shall not administer drugs to a foster child for the
purpose of punishment, foster parent convenience, substitution for adequate
supervision or for the purpose of restraining the child. A drug used
as a restraint means a medication used only to control behavior or to
restrict a child’s freedom of movement, and is not a standard to
treat a psychiatric condition.
(c) Before a foster parent shall administer physical restraint holds, each
foster parent shall complete training that includes at least 16 hours of initial
training in behavior management, including techniques for de-escalating problem
behavior, the appropriate use of physical restraint holds, monitoring of vital
indicators, and debriefing children and foster parents involved in physical
restraint holds. Foster parents authorized to use physical restraint holds
shall annually complete at least eight hours of behavior management training
including techniques for de-escalating problem behavior. This training shall
count toward the training requirements as set forth in 10A NCAC 70E .1117(6).
Only foster parents trained in the use of physical restraint holds shall administer
physical restraint holds.
(d) Foster parents shall be trained by instructors who have met the following
qualifications and training requirements:
(1) instructors shall demonstrate competence by scoring 100 percent on testing
in a training program aimed at preventing, reducing, and eliminating the need
for restrictive interventions;
(2) instructors shall demonstrate competence by scoring 100 percent on testing
in a training program teaching the use of physical restraint;
(3) instructors shall demonstrate competence by scoring a passing grade on
testing in an instructor training program as determined by the North Carolina
Division of Mental Health, Developmental Disabilities and Substance Abuse;
(4) the instructors’ training shall be competency-based, and shall include
measurable learning objectives, measurable testing (written and by observation
of behavior) on those objectives, and measurable methods to determine passing
or failing the course;
(5) the content of the instructor training shall be approved by the Division
of Mental Health, Developmental Disabilities and Substance Abuse Services,
and shall include, presentation of understanding the adult learner, methods
of teaching content of the course, evaluation of trainee performance and documentation
procedures;
(6) instructors shall be retrained at least annually and demonstrate competence
in the use of physical restraint to the North Carolina Interventions (NCI)
Quality Assurance Committee;
(7) instructors shall be trained in CPR;
(8) instructors shall have coached experience in teaching the use of restrictive
interventions at least two times with a positive review by the coach, and trainers
shall teach a program on the use of physical restraints at least once annually;
and
(9) instructors shall complete a refresher instructor training at least every
two years.
(e) In administering physical restraints, the following shall apply:
(1) foster parents shall use only those physical restraint holds approved by
the North Carolina Interventions (NCI) Quality Assurance Committee. Approved
physical restraint holds can be found at the following web site: http://www.dhhs.state.nc.us/mhddsas/training/rscurricula/agencylist10-18-06web.pdf
(Reviewed Restrictive and Physical Interventions Curricula by Name) which are
hereby incorporated by reference including subsequent amendments and editions;
(2) before employing a physical restraint hold, the foster parent shall take
into consideration the child's medical condition and any medications the child
may be taking;
(3) no child shall be restrained utilizing a protective or mechanical device;
(4) no child or group of children shall be allowed to participate in the physical
restraint of another child;
(5) physical restraint holds shall:
(A) not be used for purposes of discipline or convenience;
(B) be used only when there is imminent risk of harm to the child or others
and less restrictive approaches have failed;
(C) be administered in the least restrictive manner possible to protect the
child or others from imminent risk of harm; and
(D) end when the child becomes calm.
(6) The foster parent shall:
(A) ensure that any physical restraint hold utilized on a child is administered
by a trained foster parent with a second trained foster parent or with a second
trained adult in attendance. Concurrent with the administration of a physical
restraint hold and for a minimum of 15 minutes subsequent to the termination
of the hold, a foster parent shall monitor the child’s breathing, ascertain
the child is verbally responsive and motorically in control, and ensure the
child remains conscious without any complaints of pain. The supervising agency
may seek a waiver from the licensing authority for a foster parent to administer
a physical restraint hold without a second trained adult in attendance, and
completion of the waiver request form. The licensing authority shall grant
the waiver if it receives written approval from the child’s parent, guardian,
or custodian that the administering of a physical restraint hold without a
second trained person present is acceptable, written approval from the supervising
agency that the foster parent is authorized to administer a physical restraint
hold without a second trained person present, and documentation that there
is approval by the child and family team and documented in the person-centered
plan or out-of-home family services agreement that it is acceptable for the
foster parent to administer a physical restraint hold without a second trained
person present;
(B) immediately terminate the physical restraint hold or adjust the position
to ensure that the child’s breathing and motor control are not restricted,
if at any time during the administration of a physical restraint hold the child
complains of being unable to breathe or loses motor control;
(C) immediately seek medical attention for the child, if at any time the child
appears to be in distress; and
(D) conduct an interview with the foster child about the incident following
the use of a physical restraint hold.
(7) The supervising agency shall interview the foster parent administering
the physical restraint hold about the incident following the use of a physical
restraint hold by the supervising agency.
(8) The supervising agency shall document each incident of a child being subjected
to a physical restraint hold on an incident report provided by the licensing
authority. The incident report shall include:
(A) the child’s name, age, height, and weight;
(B) the type of hold utilized;
(C) the duration of the hold;
(D) the trained foster parent administering the hold;
(E) the trained foster parent or trained adult witnessing the hold;
(F) the less restrictive alternatives that were attempted prior to utilizing
physical restraint;
(G) the child’s behavior that necessitated the use of physical restraint;
and
(H) whether the child’s condition necessitated medical attention.
(f) Foster parents shall annually receive written approval from the executive
director or his/her designee of the supervising agency before administering
physical restraint holds. The foster parent shall retain a copy of the written
approval and a copy shall be placed in the foster home record.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1104 CRITERIA FOR THE FAMILY
(a) Foster parents shall be persons whose behaviors, circumstances, and
health are conducive to the safety and well-being of children. Foster
parents shall also be selected on the basis of demonstrating strengths
in the skill areas of Subparagraphs (1) through (12) of this Paragraph
which permit them to undertake and perform the responsibilities of
meeting the needs of children, in providing continuity of care, and
in working with the supervising agency. Foster parents shall demonstrate
skills in:
(1) assessing individual and family strengths and needs and building
on strengths and meeting needs;
(2) using and developing effective communication;
(3) identifying the strengths and needs of children placed in the home;
(4) building on children's strengths and meeting the needs of children
placed in the home;
(5) developing partnerships with children placed in the home, parents
or the guardians of the children placed in the home, the supervising
agency and the community to develop and carry out plans for permanency;
(6) helping children placed in the home develop skills to manage loss
and skills to form attachments;
(7) helping children placed in the home manage their behaviors;
(8) helping children placed in the home maintain and develop relationships
that will keep them connected to their pasts;
(9) helping children placed in the home build on positive self-concept
and positive family, cultural, and racial identity;
(10) providing a safe and healthy environment for children placed in
the home which keeps them free from harm;
(11) assessing the ways in which providing family foster care or therapeutic
foster care affects the family; and
(12) making an informed decision regarding providing family foster care
or therapeutic foster care.
(b) Age. A license may be issued to persons 21 years of age and older.
(c) Health. The foster family shall be in good physical and mental health
as evidenced by:
(1) a medical examination completed by a licensed medical provider on
each member of the foster home within the last 12 months prior to the
initial licensing application date, and biennially thereafter;
(2) documentation that each adult member of the household has had a TB
skin test or chest x ray prior to initial licensure unless contraindicated
by a licensed medical provider or religious beliefs. The foster parents’ children
are required to be tested only if one or more of the parent’s tests
positive for TB;
(3) a medical history form completed on each member of the household
at the time of the initial licensing application and on any person who
subsequently becomes a member of the household;
(4) no indication of alcohol abuse, drug abuse, or illegal drug use by
a member of the foster family;
(5) no indication that a member of the foster family is a perpetrator
of domestic violence;
(6) no indication that a member of the foster family has abused, neglected,
or exploited a disabled adult;
(7) no indication that a member of the foster family has been placed
on the North Carolina Sex Offender and Public Protection Registry;
(8) no indication that a member of the foster family has been placed
on the Nurse Aide Registry pursuant to GS 131E-255;
(9) no indication that a member of the foster family has been placed
on the Health Care Personnel Registry pursuant to GS 131E-256; and
(10) no indication that a member of the foster family has been found
to have abused or neglected a child or has been a respondent in a juvenile
court proceeding that resulted in the removal of a child or has had child
protective services involvement that resulted in the removal of a child.
(d) Education. Foster parent applicants shall have graduated from high
school or received a GED (Graduate Equivalency Diploma).
(e) Required Applicants. Foster parent applicants who are married are
presumed to be co-parents in the same household and both shall complete
all licensing requirements. Effective September 1, 2008, any adult 21
years of age or older, living in currently licensed or newly licensed
foster homes who has responsibility for the care, supervision, or discipline
of the foster child shall complete all licensing requirements. The supervising
agency shall assess each adult’s responsibility for the care, supervision,
or discipline of the foster child.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1105 CONFLICT OF INTEREST
(a) County departments of social services and private child-placing agencies
shall not supervise foster homes of members of their board of directors,
governance structure, social services board, and county commission.
(b) County departments of social services and private child-placing agencies
shall not supervise foster homes of agency employees and relatives of
agency employees. Relatives include birth and adoptive parents, blood
and half blood relative and adoptive relative including brother, sister
grandparent, great-grandparent, great-great grandparent, uncle, aunt,
great-uncle, great-aunt, great-great uncle, great-great aunt, nephew,
niece, first cousin, stepparent, stepbrother, stepsister and the spouse
of each of these relatives.
(c) Private child-placing agencies shall not supervise foster homes of
agency owners.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1106 DAY CARE CENTER OPERATIONS
If a licensed foster parent operates or plans to operate a day care center,
the following criteria shall be met:
(1) the foster home living quarters shall not be part of the day care
operation;
(2) there shall be a separate entrance to the day care operation; and
(3) staff specified in day care center rules shall be available to provide
care for the day care children.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1107 RELATIONSHIP TO SUPERVISING AGENCY
(a) Foster parents shall agree to work with the supervising agency in
the following ways:
(1) work with the child and the child's parent(s) or guardian(s) in the
placement process, reunification process, adoption process, or any change
of placement process;
(2) consult with social workers, mental health personnel, licensed medical
providers, and other persons authorized by the child’s parent(s),
guardian(s) or custodian who are involved with the child;
(3) maintain confidentiality regarding children and their parent(s) or
guardian(s);
(4) keep records regarding the child’s illnesses, behaviors, social
needs, educational needs, and family visits and contacts; and
(5) report immediately to the supervising agency any changes as required
by 10A NCAC 70E .0902.
(b) In addition to Subparagraphs (a)(1) through (5) of this Rule, foster
parents who provide therapeutic foster care services shall:
(1) be trained as set out in 10A NCAC 70E .1117; and
(2) allow weekly supervision and support from a professional as defined
in 10A NCAC 27G .0104 and .0203.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1108 FIRE AND BUILDING SAFETY
(a) Each foster home shall be in compliance with all applicable portions
of the NC Building Code in effect at the time the foster home was constructed
or last renovated. The NC Building Code is hereby incorporated by reference
including subsequent amendments and additions. The NC Building Code
may be purchased at a cost of $106.25 at the following web site (www.ncdoi.com – click
on Code Services, click on Code Book Sales).
(b) All homes shall be protected from all fire hazards including the
following:
(1) all hallways, doorways, entrances, ramps, steps, and corridors shall
be kept clear and unobstructed at all times;
(2) an evacuation plan shall be developed, and all persons in the home
shall be knowledgeable of the plan;
(3) all homes shall have one smoke detector outside each sleeping area
that is within 10 feet of each bedroom door, with at least one smoke
detector on each level; and at least one five-pound, ABC type fire extinguisher
or CO² type fire extinguisher located in the kitchen and another
ABC type fire extinguisher or CO² type fire extinguisher centrally
located;
(4) all homes shall have a telephone that functions without use of electric
power;
(5) no egress door shall have a keyed dead bolt; and
(6) the occupant utilizes Underwriters Laboratory (UL) listed extension
cords. These cords shall not be substituted for permanent wiring and
must be used only for portable appliances.
(c) Before a home is licensed or relicensed, it shall be inspected and receive
a passing rating on the fire and building safety inspection report completed
by the local jurisdiction.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1109 HEALTH REGULATIONS
The supervising agency shall have a discussion regarding water quality
and sanitation with the applicants. The supervising agency shall document
the date the discussion was held and include a statement that the family
is not aware of any health hazards caused by the family’s water
and sanitation facilities. The supervising agency shall ask the family
about water testing that has been done and any immediate or past problems
concerning water quality and sanitation. As part of the on-site visit,
the supervising agency shall observe that the home has running water.
As part of the on-site visit, the supervising agency shall observe that
the home has a sanitary toilet and bathing facility. Licensure of a foster
home shall not be recommended if the supervising agency has any reason
to believe the water supply is not safe or the toilet and bathing facilities
are not sanitary.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC
70E .1110 ENVIRONMENTAL REGULATIONS
(a) The home and yard shall be maintained and repaired so that they are
not hazardous to the children in care.
(b) The house shall be kept free of uncontrolled rodents and insects.
(c) Windows and doors used for ventilation shall be screened.
(d) The kitchen shall be equipped with an operable stove and refrigerator,
running water and eating, cooking, and drinking utensils to accommodate
the household members. The eating, cooking, and drinking utensils shall
be cleaned and stored after each use.
(e) Household equipment and furniture shall be in good repair.
(f) Flammable and poisonous substances, medications, and cleaning materials
shall be stored out of the reach of children placed for foster care.
(g) Explosive materials, ammunition, and firearms shall each be stored
separately, in locked places.
(h) Documentation that household pets have been vaccinated for rabies
shall be maintained by the foster parents.
(i) Each home shall have heating, air-cooling, or ventilating capability
to maintain a range between 65º F (18.3º C) and 85º F
(29.4º C).
(j) Rooms including toilets, baths, and kitchens without operable windows,
shall have mechanical ventilation to the outside.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1111 ROOM ARRANGEMENTS
(a) Each home shall have a family room to meet the needs of the family
including children placed for foster care.
(b) The kitchen shall be large enough for preparation of food and cleaning
of dishes. Each home shall have a dining area to meet the needs of the
family including children placed for foster care.
(c) Bedrooms shall be identified on a floor plan as bedrooms and shall
not serve dual functions.
(d) Children shall not be permitted to sleep in an unfinished basement
or in an unfinished attic.
(e) Each child shall have his/her own bed. Each bed shall be provided
with a supported mattress, two sheets, blanket, bedspread, and be of
size to accommodate the child. No day bed, convertible sofa, or other
bedding of a temporary nature shall be used for the exclusive sleeping
area of the child except for temporary care for up to two weeks. The
sleeping room shall not be shared by children of the opposite sex except
by children age five and under. The sleeping arrangements shall provide
space within the bedroom for the bed and the child’s personal possessions.
When children share a bedroom, a child under 6 shall not share a room
with a child over 12, except when siblings are placed together. No more
than four children shall share a room.
(f) Separate and accessible drawer space and closet space for personal
belongings and clothing shall be available for each child.
(g) The home shall have indoor, operable sanitary toilet, hand-washing,
and bathing facilities. Homes shall be designed in a manner that will
provide children privacy while bathing, dressing, and using toilet facilities.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1112 EXTERIOR SETTING AND SAFETY
The exterior spaces around the foster home, including any yard spaces
shall be clear of any dangerous objects or hazardous items including
access to water, such as swimming pools, beaches, rivers, lakes, or
streams. Access to such hazards shall be avoided by either a fence
at least 48 inches high with a locked gate around the hazard, or by
a fence at least 48 inches high with a locked gate around the yard
and exterior space of the home while still providing play space for
children. Access to water in above ground swimming pools shall be prevented
by locking and securing the ladder in place or storing the ladder in
a place inaccessible to the children. The supervising agency shall
observe and document that the foster parents have taken measures to
protect foster children from having unsupervised access to swimming
pools, beaches, rivers, lakes, streams, other water sources, or other
hazards.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1113 LICENSING COMPLIANCE VISITS
Quarterly Visits. Licensing social workers of supervising agencies shall
visit with the foster family on at least a quarterly basis for the
specific purpose of assessing licensing requirements. Two of the quarterly
visits each year shall take place in the foster home. The licensing
social worker may require the remaining visits to occur at a location
of the licensing social worker’s preference.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1114 CRIMINAL HISTORIES
(a) An applicant shall not be licensed if the applicant, or any member
of the applicant’s household 18 years of age or older, refuses
to consent to a criminal history check required by G.S. 131D, Article
1A.
(b) An applicant or any member of the applicant’s household is
not eligible for licensure if the applicant or any member of the applicant’s
household has been convicted of a felony involving:
(1) child abuse or neglect;
(2) spouse abuse;
(3) a crime against a child or children (including child pornography);
or
(4) a crime involving violence, including rape, sexual assault, or homicide
but not including other physical assault or battery.
(c) An applicant or any member of the applicant’s household is
not eligible for licensure if the applicant or any member of the applicant’s
household has within the last five years been convicted of a felony involving:
(1) physical assault;
(2) battery; or
(3) a drug-related offense.
(d) An applicant or any members of the applicant’s household with
criminal convictions except those specified in Paragraph (b) of this
Rule may be considered for licensure based on the following factors:
(1) nature of the crime;
(2) length of time since the conviction;
(3) circumstances surrounding the commission of the offense or offenses;
(4) number and type of prior offenses;
(5) evidence of rehabilitation;
(6) age of the individual at the time of the commission of the offense
or offenses; and
(7) letter of support for licensure from the executive director of the
agency.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1115 RESPONSIBLE INDIVIDUALS LIST
(a) An applicant is not eligible for licensure if the applicant has within
the last five years been substantiated for abuse or serious neglect
and is placed on the Responsible Individuals List as defined in North
Carolina General Statute 7B-311.
(b) After five years, an applicant who is on the Responsible Individuals
List may be considered for licensure based on the following factors:
(1) nature of the substantiation;
(2) length of time since the substantiation;
(3) circumstances surrounding the substantiation;
(4) evidence of rehabilitation;
(5) history of convictions and violations; and
(6) letter of support for licensure from the executive director of the
agency.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1116 CRIMINAL HISTORY CHECKS
(a) The supervising agency shall complete the following activities at
initial licensure for new foster parent applicants and any member of
the prospective foster parents’ household 18 years of age or
older:
(1) furnish the written notice as required by G.S. 131D-10.3A(e);
(2) obtain a signed consent form for a criminal history check and submit
the signed consent form to the Department of Health and Human Services,
Criminal Records Check Unit;
(3) obtain two sets of fingerprints on SBI identification cards and forward
both sets of fingerprints to the Department of Health and Human Services,
Criminal Records Check Unit. Once an individual's fingerprints have been
submitted to the Department of Health and Human Services, Criminal Records
Check Unit, additional fingerprints shall not be required; and
(4) conduct a local criminal history check through accessing the Administrative
Office of the Courts and the Department of Corrections Offender Population
Unified System and submit the results of the criminal history checks
to the licensing authority on the Foster Home Application form.
(b) The supervising agency shall conduct a local criminal history check
through accessing the Administrative Office of the Courts and the Department
of Corrections Offender Population Unified System and submit the results
of the criminal history checks to the licensing authority on the Foster
Home Relicensure, Termination and Change Request Application form at
relicensure for foster parents and any member of the prospective foster
parents’ household 18 years of age or older.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E .1117 TRAINING REQUIREMENTS
Each supervising agency shall provide, or cause to be provided, preservice
and in-service training for all prospective and licensed foster parents
as follows:
(1) Prior to licensing each applicant shall successfully complete 30
hours of preservice training. Preservice training shall include the following
components:
(a) General Orientation to Foster Care and Adoption Process;
(b) Communication Skills;
(c) Understanding the Dynamics of Foster Care and Adoption Process;
(d) Separation and Loss;
(e) Attachment and Trust;
(f) Child and Adolescent Development;
(g) Behavior Management;
(h) Working with Birth Families and Maintaining Connections;
(i) Lifebook Preparation;
(j) Planned Moves and the Impact of Disruptions;
(k) The Impact of Placement on Foster and Adoptive Families;
(l) Teamwork to Achieve Permanence;
(m) Cultural Sensitivity;
(n) Confidentiality; and
(o) Health and Safety.
(2) Effective January 1, 2008, therapeutic foster parent applicants shall
also receive prior to licensure at least ten additional hours of preservice
training in behavioral mental health treatment services including the
following:
(a) role of the therapeutic foster parent;
(b) safety planning; and
(c) managing behaviors.
(3) During the first year of licensure, each therapeutic foster parent shall
receive additional training in the following areas:
(a) development of the person-centered plan;
(b) dynamics of emotionally disturbed and substance abusing youth and families;
(c) symptoms of substance abuse;
(d) needs of emotionally disturbed and substance abusing youth and families;
and
(e) crisis intervention.
(4) Training in first-aid, cardiopulmonary resuscitation (CPR) and universal
precautions such as those provided by the American Red Cross, the American
Heart Association, or equivalent organizations before a foster child is placed
with the foster family. Training in CPR shall be appropriate for the ages of
children in care. First-aid, CPR, and universal precautions training shall
be updated as required by the American Red Cross, the American Heart Association,
or equivalent organizations. The supervising agency shall ensure that family
foster parents and therapeutic foster parents are trained in medication administration
before a child is placed with the foster family.
(5) Child-specific training as required in the out-of-home family services
agreement or person-centered plan as a condition of the child being placed
in the foster home. When the child or adolescent requires treatment for abuse – reactive,
sexually reactive and sexual offender behaviors, specific treatment shall be
identified in his/her person-centered plan. Training of therapeutic foster
parents is required in all aspects of reactive and offender specific sexual
treatment and shall be supervised by a qualified professional with sex offender-specific
treatment expertise. When the child or adolescent requires treatment for substance
abuse, specific treatment shall be identified in his/her person-centered plan.
Training and supervision of therapeutic foster parents are required in all
aspects of substance abuse and shall be made available by a provider who meets
the requirements specified for a qualified professional or associate professional
for substance abuse. Qualified substance abuse prevention professional (QSAPP)
means, within the Mental Health, Developmental Disabilities, Substance Abuse
system of care a graduate of a college or university with a Masters degree
in a human service field and has one year of full-time, post-graduate degree
accumulated supervised experience in substance abuse prevention; or a graduate
of a college or university with a bachelor's degree in a human service field
and has two years of full-time, post-bachelor’s degree accumulated supervised
experience in substance abuse prevention; or a graduate of a college or university
with a bachelor's degree in a field other than human services and has four
years of full-time, post bachelor’s degree accumulated supervised experience
in substance abuse prevention; or a substance abuse prevention professional
who is certified as a Certified Substance Abuse Prevention Consultant (CSAPC)
by the North Carolina Substance Abuse Professional Certification Board. The
supervising agency shall provide or make this professional expertise available
to the therapeutic foster parents. This training shall count towards the training
requirements of Item (6) of this Rule.
(6) Prior to licensure renewal, each foster parent shall successfully complete
at least twenty hours of inservice training. This training may be child-specific
or may concern issues relevant to the general population of children in foster
care. In order to meet this requirement:
(a) each supervising agency shall provide, or cause to be provided, at least
10 hours of in-service training for foster parents annually;
(b) such training shall include subjects that would enhance the skills of foster
parents and promote stability for children;
(c) a foster parent may complete relevant training provided by a community
college, a licensed supervising agency, or other departments of State or county
governments; and, upon approval by the supervising agency, such training shall
count towards meeting the requirements specified in this Item; and
(d) each supervising agency shall document in the foster parent record the
type of activity the foster parent has completed pursuant to this Item.
(7) A foster family caring for a child with HIV (human immunodeficiency virus)
or AIDS (acquired immunodeficiency syndrome) shall complete six hours of advanced
medical training annually. This training shall consist of issues relevant to
HIV or AIDS. This training may count towards the training requirements Item
(6) of this Rule.
(8) Training requirements for physical restraint holds pursuant to 10A NCAC
70E .1103.
History Note: Authority G.S. 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;
Eff. September 1, 2007.
10A NCAC 70E
Updated 08/13/07
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Page Modified 11/24/2009
