10A N.C. Admin. Code 70A.0106

Current through Register Vol. 39, No. 9, November 1, 2024

Section 70A .0106 - CONDUCTING AN INVESTIGATION

(a) The county director shall make an investigation to assess:

(1) whether the specific environment in which the child or children is found meets the child's or children's need for care and protection; and

(2) facts regarding the existence of abuse, neglect, or dependency; and

(3) the nature and extent of any injury or condition resulting from abuse, neglect, or dependency; and

(4) the risk of harm to and need for protection of the child or children.

(b) When the county director receives a report of suspected abuse, neglect, or dependency, the county director shall check the county agency's records and the North Carolina Central Registry of child abuse, neglect, and dependency reports to ascertain if any previous reports of abuse, neglect, or dependency have been made concerning the alleged victim child or children. Central Registry checks are not necessary when the agency has conducted such a check within the previous 60 days or when the agency is providing continuous child protective services to the family.

(c) Face-to-face interviews with all alleged victim children shall be conducted within statutory time frames, unless there is documentation in the case record to explain why such contact was not made.

(d) There shall be a face-to-face interview with any parent or caretaker with whom the victim child or children reside, unless there is documentation in the case record to explain why such an interview was not conducted. The parent or caretaker shall be interviewed on the same day as the victim child or children unless there is documentation in the case record to explain why such interviews were not conducted.

(e) The investigation shall include a visit to the place where the child or children reside.

(f) There shall be a face-to-face interview with the alleged perpetrator or perpetrators unless there is documentation to explain why such an interview was not conducted.

(g) Any persons identified at the time the report was accepted for investigation as having information concerning the condition of the child or children shall be interviewed in order to obtain any information relevant to the investigation unless there is documentation in the case record to explain why such interviews were not conducted.

(h) The county director shall implement a structured decision making process that includes the following assessments:

(1) assessment of the immediate safety of the child or children;

(2) assessment of the future risk of harm to the child or children;

(3) assessment of the family's strengths and needs;

(4) documentation of an assessment of all of the information obtained during the investigation;

(5) documentation of a safety response plan; and

(6) documentation of the case decision.

(i) When additional information is necessary to complete an investigation, information from the following sources shall be obtained and utilized:

(1) Professionals or staff at an out-of-home care setting having relevant knowledge pertaining to the alleged abuse, neglect, or dependency;

(2) Other persons living in the household or attending or residing in the out-of-home care setting;

(3) Any other source having relevant knowledge pertaining to the alleged abuse, neglect, or dependency; and

(4) Records; i.e., school, medical, mental health, or incident reports in an out-of-home care setting.

(j) The county director shall exercise discretion in the selection of collateral sources in order to protect the family's or out-of-home care setting's right to privacy and the confidentiality of the report.

(k) Conducting an investigation as outlined in Paragraph (a) of this Rule when the alleged abuse, neglect, or dependency occurred in an institution shall include the following:

(1) A discussion of the allegation with the individual who has on-site administrative responsibility for the institution;

(2) A discussion of the procedure to be followed during the investigation;

(3) The utilization of resources within and without the institution as needed and appropriate; and

(4) A discussion of the findings with the Administrator of the institution which shall be confirmed in writing by the county director and shall be held confidential by all parties as outlined in 10A NCAC 70A .0113, of this Subchapter.

10A N.C. Admin. Code 70A .0106

Authority G.S. 7B-302; 143B-153;
Eff. January 1, 1980;
Amended Eff. April 1, 2003; February 1, 1995; September 1, 1994; July 1, 1993;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

Authority G.S. 7B-302; 143B-153;
Eff. January 1, 1980;
Amended Eff. April 1, 2003; February 1, 1995; September 1, 1994; July 1, 1993.