North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 70 - CHILDREN'S SERVICES
Subchapter I - MINIMUM LICENSING STANDARDS FOR RESIDENTIAL CHILD-CARE
Section .0200 - MINIMUM LICENSURE STANDARDS
Section 70I .0204 - LICENSURE PROCEDURES
Universal Citation: 10A NC Admin Code 70I .0204
Current through Register Vol. 39, No. 6, September 16, 2024
(a) Private Residential Child-Care Facility Licensure Procedures:
(1) A private residential child-care facility
shall submit the following materials to the licensing authority during the
application phase:
(A) Articles of
Incorporation;
(B) Bylaws;
and
(C) Governing Board list with
names, addresses, occupations, length of time and terms on the board, and board
positions held and number of terms, if applicable.
(2) A private residential child-care facility
shall submit the following materials to the licensing authority during the
investigatory phase before an initial license may be issued, with the exception
of Part (K) of this Subparagraph which shall be maintained at the facility for
review:
(A) License Application and
Summary;
(B) Program policies and
procedures stating the purpose, outlining admission criteria, as well as
defining areas of responsibilities for services which the facility will assume
for children in care and for services to be provided by the referring agency or
individual, and discharge criteria;
(C) Description of the child-care program and
evaluation method;
(D) Program
forms;
(E) Budget outlining
anticipated costs and sources of revenue for the first year of
operation;
(F) Personnel
policies;
(G) Organizational
chart;
(H) Job
descriptions;
(I) Staff
resumes;
(J) Full and part-time
staff work schedules;
(K) A medical
examination report completed by a licensed medical provider on all full-time
and part-time direct care personnel residing in the facility (this includes any
staff member who may serve in the capacity of direct care staff), and any
children or relative children of direct care personnel residing in the facility
within 12 months prior to the license date. There shall be documentation that
all adult direct care personnel residing in the facility have had a TB skin
test or chest x-ray prior to initial licensure unless contraindicated by a
licensed medical provider. The birth children of direct care personnel who
reside in the facility shall be tested for TB only if one or more of the
parents tests positive for TB. There shall be documentation that adopted
children or other relative children residing in the facility have had a TB skin
test or chest x-ray prior to initial licensure unless contraindicated by a
licensed medical provider. A medical history form (DSS-5017) shall be completed
by all direct care personnel residing in the facility at the time of initial
licensure. A medical examination report, TB test (if required) and a medical
history form (DSS-5017) shall be completed on any children or relative children
of direct care personnel who subsequently begin residing in the
facility;
(L) Fire and Building
Safety Inspection Report completed and approved by the local fire
inspector;
(M) Inspection Form for
Residential Care Facilities, completed and approved by the county
sanitarian;
(N) Written approval
from the local zoning authority; and
(O) Written approval from the Division of
Health Service Regulation.
(3) The licensing authority shall make one or
more visits to the residential child-care facility to complete the licensing
study.
(4) Based on information
obtained during the investigatory phase, licensing authority staff shall
evaluate the residential child-care facility's proposed program and methods of
operation to determine compliance with rules in Subchapters 70I and 70J of this
Chapter.
(5) The licensing
authority shall notify the residential child-care facility in writing of the
licensure decision, conditions of the license and any recommendations regarding
the child-care program.
(b) Licensure Procedures for Private Agency, Public Agency and Public Residential Child-Care Facilities.
(1) A private agency, public agency and
public residential child-care facility shall submit the following materials to
the licensing authority before a license may be issued, with the exception of
Part (I) of this Subparagraph which shall be maintained at the facility for
review:
(A) License Application and
Summary;
(B) Program policies and
procedures stating purpose, outlining admission criteria, as well as defining
areas of responsibilities and discharge criteria;
(C) Description of the child-care program and
evaluation method;
(D) Program
forms;
(E) Budget outlining
anticipated costs and sources of revenue for the first year of
operation;
(F) Job
descriptions;
(G) Staff
resumes;
(H) Full and part-time
staff work schedules;
(I) A medical
examination report completed by a licensed medical provider on all full- and
part-time direct care personnel residing in the facility (this includes any
staff member who may serve in the capacity of direct care staff), and any
children or relative children of direct care personnel residing in the facility
within 12 months prior to the license date. There shall be documentation that
all adult direct care personnel residing in the facility have had a TB skin
test or chest x-ray prior to initial licensure unless contraindicated by a
licensed medical provider. The birth children of direct care personnel who
reside in the facility shall be tested for TB only if one or more of the
parents tests positive for TB. There shall be documentation that adopted
children or other relative children residing in the facility have had a TB skin
test or chest x-ray prior to initial licensure unless contraindicated by a
licensed medical provider. A medical history form (DSS-5017) shall be completed
by all direct care personnel residing in the facility at the time of initial
licensure. A medical examination report, TB test (if required) and a medical
history form (DSS-5017) shall be completed on any children or relative children
of direct care personnel who subsequently begin residing in the
facility;
(J) Fire and Building
Safety Inspection Report completed and approved by the local fire
inspector;
(K) Inspection Form for
Residential Care Facilities, completed and approved by the county
sanitarian;
(L) Written approval
from the zoning authority; and
(M)
Written approval from the Division of Health Service Regulation.
(2) The licensing authority staff
shall notify the residential child-care facility in writing of the licensure
decision, conditions of the license, and any recommendations regarding the
residential child-care program.
(c) Licensure Procedures Following Second Year of Operation for all residential child-care facilities.
(1) Prior to the license expiration date, the
licensing authority shall notify a residential child-care facility in writing
of the licensure renewal requirements.
(2) A residential child-care facility shall
submit the following materials to the licensing authority before a license for
a residential child-care facility may be renewed, with the exception of Parts
(E) and (F) of this Subparagraph, which shall be maintained at the facility for
review:
(A) License Application and
Summary;
(B) Governing board list
with names, addresses, occupations, length of time and terms on the board, and
board positions held and number of terms, if applicable;
(C) Budget outlining anticipated costs and
sources of revenue of the next operating year, with estimation of daily cost of
care per child for past year;
(D)
Annual statistical report of program activities as required by Rule .0202(b) of
this Section;
(E) A medical
examination report completed by a licensed medical provider on all full- and
part-time direct care personnel residing in the facility (this includes any
staff member who may serve in the capacity of direct care staff), and any
children or other relative children residing in the living unit prior to
employment;
(F) A medical history
form completed by all full- and part-time direct care personnel residing in the
facility (this includes any staff member who may serve in the capacity of
direct care staff) who have been employed since the last relicensing period and
any children or other relative children residing in the facility. A residential
child-care facility shall have documentation that all full- and part-time
direct care personnel residing in the facility who have been employed since the
last relicensing period have had a TB skin test or chest x-ray prior to
employment unless contraindicated by a licensed medical provider. The birth
children of direct care personnel who reside in the facility shall be tested
for TB only if one or more of the parents test positive for TB. There shall be
documentation that adopted children and other relative children residing in the
facility have had a TB skin test or chest x-ray unless contraindicated by a
licensed medical provider;
(G) The
residential child-care facility shall have fire inspections from the local fire
inspector. Reports of such inspections shall be maintained in the facility and
available for review and shall be submitted to the licensing authority
biennially with the licensure renewal application;
(H) The residential child-care facility shall
have sanitation inspections from the county sanitarian. Reports of such
inspections shall be maintained in the facility and available for review and
shall be submitted to the licensing authority biennially with the licensure
renewal application;
(I) Updated or
revised materials including policies, procedures, forms, or amendments to
Bylaws or Articles; and
(J) If the
agency receives foster care maintenance payments of State funds, an annual
audit of its financial statements that is in compliance with
10A NCAC
70D .0105(a)(5).
(3) The licensing authority shall
biennially conduct onsite visits to private residential child-care facilities,
private agency residential child-care facilities, public agency residential
child-care facilities or public residential child-care facilities to determine
if licensure standards for residential child-care facilities continue to be
met. The licensing authority may conduct announced and unannounced on-site
visits to residential child-care facilities.
Authority
G.S.
131D-10.5;
143B-153;
Eff. July
1, 1999 (See S.L. 1999, c. 237, s. 11.30);
Amended Eff. October 1,
2008; July 18, 2002;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. April 5,
2016.
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