§ 131D-19 – Legislative intent.
131D-19. Legislative intent. It is the intent of the General Assembly to promote the interests and well-being of the residents in adult care homes and assisted living residences licensed pursuant to Part 1 of this Article. It is the intent of the General Assembly that every resident’s civil and religious liberties, including the right to […]
§ 131D-20 – Definitions.
131D-20. Definitions. As used in this Article, the following terms have the meanings specified: (1) "Abuse" means the willful or grossly negligent infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful or grossly negligent deprivation by the administrator or staff of an adult care home of services which are necessary to […]
§ 131D-21 – Declaration of residents' rights.
131D-21. Declaration of residents’ rights. Each facility shall treat its residents in accordance with the provisions of this Article. Every resident shall have the following rights: (1) To be treated with respect, consideration, dignity, and full recognition of his or her individuality and right to privacy. (2) To receive care and services which are adequate, […]
§ 131D-10.6 – Powers and duties of the Department.
131D-10.6. Powers and duties of the Department. In addition to other powers and duties prescribed by law, the Department shall exercise the following powers and duties: (1) Investigate applicants for licensure to determine whether they are in compliance with licensing rules adopted by the Commission and the provisions of this Article. (2) Grant a license […]
§ 131D-10.6A – Training by the Division of Social Services required.
131D-10.6A. Training by the Division of Social Services required. (a) The Division of Social Services, Department of Health and Human Services, shall require a minimum of 30 hours of preservice training for foster care parents either prior to licensure or within six months from the date a provisional license is issued pursuant to G.S. 131D-10.3, […]
§ 131D-10.6B – Report of death.
131D-10.6B. Report of death. (a) A facility licensed under this Article shall notify the Department immediately upon the death of any resident of the facility that occurs within seven days of physical restraint of the resident, and shall notify the Department within three days of the death of any resident of the facility resulting from […]
§ 131D-10.6C – Maintaining a register of licensed foster homes by the Division of Social Services.
131D-10.6C. Maintaining a register of licensed foster homes by the Division of Social Services. (a) The Division of Social Services shall keep a register of all licensed family foster and therapeutic foster homes. The register shall contain the following information: (1) The name, age, and address of each foster parent. (2) Repealed by Session Laws […]
§ 131D-10.7 – Penalties.
131D-10.7. Penalties. Any person who establishes or provides foster care for children or who receives and places children in residential child-care facilities, family foster homes or adoptive homes without a license shall be guilty of a Class 3 misdemeanor, and upon conviction shall only be punishable by a fine of not more than fifty dollars […]
§ 131D-10.8 – Injunction.
131D-10.8. Injunction. (a) Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the name of the State for injunction or other process against any person to restrain or prevent the establishment, conduct, management or operation of a facility operating without a license […]
§ 131D-10.9 – Administrative and judicial review.
131D-10.9. Administrative and judicial review. All procedures arising out of this Article, including all notification, hearing and appeal procedures, shall be governed by the appropriate provisions of Chapter 150B of the Administrative Procedure Act. (1983, c. 637, s. 2; 1987, c. 827, s. 243.)