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§ 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 – Adult care home rated certificates.

131D-10. Adult care home rated certificates. (a) Rules adopted by the North Carolina Medical Care Commission for issuance of certificates to adult care homes shall contain a rating based, at a minimum, on the following: (1) Inspections and substantiated complaint investigations conducted by the Department to determine compliance with licensing statutes and rules. Specific areas […]

§ 131D-10.1 – Foster Care Children's Bill of Rights; purpose.

131D-10.1. Foster Care Children’s Bill of Rights; purpose. (a) It is the policy of this State to strengthen and preserve the family as a unit consistent with a high priority of protecting children’s welfare. When a child requires care outside the family unit, it is the duty of the State to assure that the quality […]

§ 131D-10.2 – Definitions.

131D-10.2. Definitions. For purposes of this Article, unless the context clearly implies otherwise: (1) "Adoption" means the act of creating a legal relationship between parent and child where it did not exist genetically. (2) "Adoptive Home" means a family home approved by a child placing agency to accept a child for adoption. (3) "Child" means […]

§ 131D-10.2A – Reasonable and prudent parent standard.

131D-10.2A. Reasonable and prudent parent standard. (a) The reasonable and prudent parent standard is the standard characterized by careful and sensible parental decisions that are reasonably intended to maintain the health, safety, and best interests of the child while at the same time encouraging the emotional and developmental growth of the child that a caregiver […]

§ 131D-10.2B – Foster care until 21 years of age.

131D-10.2B. Foster care until 21 years of age. (a) A child placed in foster care who has attained the age of 18 years may continue receiving foster care services until reaching 21 years of age as provided by law. A child who initially chooses to opt out of foster care upon attaining the age of […]

§ 131D-10.3 – Licensure required.

131D-10.3. Licensure required. (a) No person shall operate, establish or provide foster care for children or receive and place children in residential care facilities, family foster homes, or adoptive homes without first applying for a license to the Department and submitting the required information on application forms provided by the Department. (b) Persons licensed or […]

§ 131D-10.3A – Mandatory criminal checks.

131D-10.3A. Mandatory criminal checks. (a) Effective January 1, 1996, in order to ensure the safety and well-being of any child placed for foster care in a home, the Department shall ensure that the criminal histories of all foster parents, individuals applying for licensure as foster parents, and individuals 18 years of age or older who […]