Simulation

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Chapter 1 Overview of the North Carolina Child Welfare System

1.1 Introduction to Child Welfare 1-2 A. Child Welfare Services B. Purpose

1. Balancing the state’s interests with constitutional rights of parents and children 2. Purposes of North Carolina’s Juvenile Code

C. Overview of a Child Welfare Case in North Carolina D. Demographics

1. National data 2. North Carolina data

1.2 Federal-State-County System 1-11 A. County-State Structure and Relationship B. The County DSS

1. Governing structure and staff 2. DSS role and responsibilities

C. Federal-State-County Funding D. Federal-State Relationship

1. Child and Family Service Review (CFSR) 2. The IV-E eligibility review

1.3 State and Federal Sources of Authority: Laws, Rules, and Policy 1-20 A. North Carolina

1. The Juvenile Code: G.S. Chapter 7B 2. The Administrative Code: Title 10A 3. Child Welfare Manual 4. Other relevant North Carolina statutes 5. Local court rules

B. Influence of Federal Law 1. The Child Abuse Prevention and Treatment Act (CAPTA) 2. The Indian Child Welfare Act (ICWA) 3. Adoption Assistance and Child Welfare Act 4. Family Preservation and Support Services Program Act 5. Multiethnic Placement Act (MEPA-IEP) 6. Adoption and Safe Families Act (ASFA) 7. John H. Chafee Foster Care Independence Act 8. Safe and Timely Interstate Placement of Foster Children Act 9. Fostering Connections to Success and Increasing Adoptions Act (Fostering

Connections) 10. Preventing Sex Trafficking and Strengthening Families Act 11. Justice for Victims of Trafficking Act 12. Family First Prevention Services Act (FFPSA)

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1.1 Introduction to Child Welfare

A. Child Welfare Services

Child welfare encompasses child protective, foster care placement, and adoption services.

Protective services are intended to protect children who have been alleged to be abused,

neglected, or dependent and are established in Chapter 7B of the North Carolina General

Statutes1, which is commonly referred to as “the Juvenile Code.” Protective services

encompass a myriad of actions, including screening and assessment of reports of a child’s

suspected abuse, neglect, or dependency; providing casework and counseling to families; and

pursuing necessary court action to protect a child. Foster care and adoption services apply to

children who require care outside of their families. This type of substitute care is regulated by

the State. The State has a duty to assure that the care is quality care that is as close as

possible to the nurturing care society expects of a family. See Article 1A of G.S. Chapter

131D. The term “child welfare” is not defined in North Carolina law but is used as a general

term in statutes, regulations, and state policy that discuss child protective, foster care

placement, and adoption services.2

In North Carolina, child welfare services are provided by county departments, which are

supervised by the North Carolina Department of Health and Human Services (NC DHHS).

G.S. 108A-1; 108A-71; 108A-74. The Juvenile Code defines department as “each county’s

child welfare agency” regardless of what it is named. G.S. 7B-101(8a). A county department

is typically a department of social services (DSS) but may be a consolidated county human

services agency created pursuant to G.S. 153A-77 or a regional social services department

created under G.S. 108A-15.7 through -15.10 that carries out social services functions.3

Note, for purposes of this Manual, “department of social services” or “DSS” refers to a

department as defined by G.S. 7B-101(8a) regardless of how it is titled or structured.

Legislative Note: Effective March 1, 2019, counties have the option to create a regional social

services department that includes more than one county and incorporates all or only selected

programs and services, such as child welfare. See S.L. 2017-41, Part IV creating G.S. 108A-

15.3A through -15.3C (currently, G.S. 108A-15.7 through -15.10).

The North Carolina courts are also part of the child welfare system. Court actions alleging a

child’s abuse, neglect, or dependency are initiated by DSS in district court. Appeals are heard

by the North Carolina appellate courts. Adoption proceedings are initiated in superior court

1 Throughout this Manual, the North Carolina General Statutes are referred to as “G.S.” 2 See, e.g., G.S. 131D-10.6A; 108A-74; 7B-101(8a); Title 10A of the North Carolina Administrative Code

Subchapter 70G, Section 0402(3); DIV. OF SOC. SERVS., N.C. DEP’T OF HEALTH & HUMAN SERVICES, CHILD

WELFARE MANUAL (“NC CHILD WELFARE MANUAL”), available online here. 3 For information about how the department structure is determined, see G.S. 108A-1 and G.S. 153A-77. For more

information on the structures, see AIMEE N. WALL, Social Services, CH. 39 in FRAYDA S. BLUESTEIN (ed.), COUNTY

AND MUNICIPAL GOVERNMENT IN NORTH CAROLINA (UNC School of Government, 2d ed. 2014).

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and are special proceedings that are heard by the clerk of superior court, unless a transfer is

required to district court. See Chapters 2.1 (district court), 10.3 (adoptions), and 12 (appeals).

The child welfare system is based on an extensive body of state and federal laws that address

both procedural and substantive issues. Child welfare services also impact the constitutional

rights of children and parents. The various laws, procedures, and constitutional principles are

discussed throughout this Manual. For a general discussion of state statutes, regulations, and

policies governing child welfare in North Carolina as well as the impact of federal statutes

and regulations on North Carolina’s laws and policy, see section 1.3, below.

B. Purpose

A state’s child welfare system has the overall important purpose of preventing, identifying,

and treating child abuse and neglect.

1. Balancing the state’s interests with constitutional rights of parents and children. The

child welfare system consists of governmental action (in North Carolina, it is a DSS) that

involves itself in a family’s private life. See In re Stumbo, 357 N.C. 279, 294 (2003) (Martin,

J. concurring) (“Federal courts…have concluded, either explicitly or implicitly, that

constitutional limitations apply to government officials who investigate child abuse.… State

appellate courts have reached similar conclusions”) and cases cited therein. As a result,

constitutional rights of parents and children are affected and a balance between the

government’s interest in protecting children and the constitutional rights of parents and

children must be made. See G.S. 7B-100.

Parents have a paramount constitutional right to care, custody, and control of their children.

Troxel v. Granville, 530 U.S. 57 (2000); Santosky v. Kramer, 455 U.S. 745 (1982); Petersen

v. Rogers, 337 N.C. 397 (1994). However, a parent’s right is not absolute. Petersen, 337 N.C.

397. The United States Supreme Court has consistently held that a state may interfere with

constitutional interests if in so doing it is protecting the public interest and if the regulated

behavior is reasonably related to a purpose within the state’s competency to effect. Examples

that a state has a wide range of power to limit parents’ constitutional rights to the care,

custody, and control of their children include regulation of child labor and compulsory school

attendance laws. See Prince v. Massachusetts, 321 U.S. 158 (1944) (child labor); Pierce v.

Society of Sisters, 268 U.S. 510 (1925) (school attendance).

There is a presumption that a parent acts in their child’s best interests. Parham v. J.R, 442

U.S. 584 (1979); Price v. Howard, 346 N.C. 68 (1997). There is also a presumption that the

government will not interfere with the parent-child relationship: “[S]o long as a parent

adequately cares for his or her children (i.e., is fit), there will normally be no reason for the

State to inject itself into the private realm of the family to further question the ability of that

parent to make the best decisions concerning the rearing of that parent’s children.” In re

Stumbo, 357 N.C. 279, 286 (quoting Troxel v. Granville, 530 U.S. 57, 68–69). However,

these presumptions may be rebutted, and a state may interfere with a parent’s constitutional

rights when that parent is unfit or acts inconsistently with their protected interests to parent

their child. Petersen v. Rogers, 337 N.C. 397; Price, 346 N.C. 68.

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For a further discussion of the constitutional rights of parents, see Chapters 2.4 and 7.10.B.5

and for the rights of the child, see Chapter 2.3.

The North Carolina Juvenile Code provides the procedures and parameters for governmental

intervention into the parent-child relationship when children are harmed, are at risk of harm,

or do not receive minimally adequate care. Whether government intervention is warranted

starts with the status or condition of the child – is the child abused, neglected, or dependent.

Those conditions are defined by G.S. 7B-101(1) (abuse), (9) (dependency), and (15)

(neglect). See Chapters 2.3.B and 6.3.D through F for further discussion of what constitutes

abuse, neglect, or dependency.

Governmental intervention is limited by those statutory definitions. If an initial report about a

child’s circumstances does not satisfy the statutory criteria of abuse, neglect, or dependency,

a DSS does not have the authority to interfere with or intervene in the parent-child

relationship. See In re Stumbo, 357 N.C. 279 (2003) (holding a single, anonymous report of a

naked 2-year-old child who was unsupervised in her driveway without any additional

information was insufficient to constitute neglect that required DSS involvement with the

family). Part of the respective definitions of abuse, neglect, or dependency revolve around

the role of the person who creates the child’s circumstance: a parent, guardian, custodian, or

caretaker. For a discussion of those roles, see Chapter 2.2. The North Carolina Supreme

Court recognized that “[n]ot every child who is a victim of serious criminal conduct is

necessarily an abused and neglected juvenile under the Juvenile Code. Only when the family

fails to provide proper care is DSS empowered to intervene.” In re R.R.N., 368 N.C. 167, 169

(2015). As such, DSS is not authorized to intervene in the parent-child relationship when the

child’s condition results from circumstances created by a person who is not a parent,

guardian, custodian, or caretaker. There is an exception, however, for any minor victim of

human trafficking. A minor victim of human trafficking shall be alleged to be abused and

neglected regardless of how or who created those circumstances. G.S. 7B-101(1)(i), (15)(i);

see G.S. 14-43.15.

Note that a juvenile may be a victim of a crime other than human trafficking that warrants

action from law enforcement rather than DSS involvement with a family. Separate from and

in addition to a mandated report to DSS, as of December 1, 2019, any adult who knows or

should have reasonably known that a juvenile has been or is the victim of a violent offense,

sexual offense, or misdemeanor child abuse must immediately make a report to the

appropriate local law enforcement agency. G.S. 14-318.6(b). See Chapter 5.1.A.5 (discussing

other mandated reporting laws).

Resource: For more information about the mandatory reporting law to local law enforcement,

see Sara DePasquale, BIG NEWS: S.L. 2019-245 Creates a New Universal Mandated

Reporting Law for Child Victims of Crimes and Changes the Definition of “Caretaker,”

UNC SCH. OF GOV’T BLOG: NORTH CAROLINA CRIMINAL LAW (Nov. 13, 2019).

Courts that preside over abuse, neglect, dependency, and termination of parental rights (TPR)

cases are also bound by the provisions of the Juvenile Code. In determining whether DSS has

proved that a child is abused, neglected, or dependent, the court must apply the statutory

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definitions. See Chapter 6 for a discussion of adjudications. When a court adjudicates a

child’s condition or status as abused, neglected, or dependent, the adjudication may lead to

“an array of possible adverse collateral consequences.” In re R.R.N., 368 N.C. at 171. The

court proceeds to disposition and looks to the authority it is granted by the Juvenile Code to

determine what actions it may order to address the child’s circumstances while considering

the best interests of the child. See, e.g., G.S. 7B-901; 7B-904. “Collateral consequences” of

an adjudication and subsequent disposition may include the temporary removal of the child

from the home, a court order to participate in certain services or evaluations, the stigma

attached to the adjudication, subjecting a family to ongoing DSS supervision, and for a

parent, the possible permanent termination of parental rights. See In re R.R.N., 368 N.C. 167.

In a TPR proceeding, the court’s focus shifts to whether a ground for termination as specified

in the Juvenile Code exists based on the parent’s conduct or culpability. If a ground is

proved, the court then looks to the child’s best interests to determine whether the TPR should

be granted. The purpose is not to be punitive but instead looks to a child’s safety and well-

being. See Chapter 9 (discussing TPR).

2. Purposes of North Carolina’s Juvenile Code. The Juvenile Code includes stated purposes

that provide a big picture perspective that can be helpful. Attorneys and judges may find

support for arguments or decisions in the statutory language setting out the purposes of the

Juvenile Code or the case law interpreting that language.

G.S. 7B-100 states that the purposes of the Juvenile Code relating to abuse, neglect,

dependency, and termination of parental rights must be interpreted and construed so as to

implement the following purposes and policies:

1. To provide procedures for the hearing of juvenile cases that assure

fairness and equity and that protect the constitutional rights of juveniles

and parents;

2. To develop a disposition in each case that reflects consideration of the

facts, the needs and limitations of the juvenile, and the strengths and

weaknesses of the family;

3. To provide for services for the protection of juveniles by means that

respect both the right to family autonomy and the juveniles’ needs for

safety, continuity, and permanence;

4. To provide standards for the removal, when necessary, of juveniles from

their homes and for the return of juveniles to their homes consistent with

preventing the unnecessary or inappropriate separation of juveniles from

their parents; and

5. To provide standards, consistent with the Adoption and Safe Families

Act of 1997 for ensuring that the best interests of the juvenile are of

paramount consideration by the court and that when it is not in the

juvenile’s best interest to be returned home, the juvenile will be placed

in a safe, permanent home within a reasonable amount of time.

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Specific to abuse, neglect, or dependency dispositions, the purpose is stated at G.S. 7B-900:

To design an appropriate plan to meet the juvenile’s needs and to achieve

the State’s objective in exercising jurisdiction. If possible, the initial

approach should involve working with the juvenile and the juvenile’s family

in their own home so that the appropriate community resources may be

involved in the care, supervision, and treatment according to the juvenile’s

needs. The court should arrange for appropriate community-level services

to be provided to the juvenile and juvenile’s family to strengthen the home

situation.

Additional purposes with respect to termination of parental rights are set out in G.S. 7B-

1100:

1. To provide judicial procedures for terminating the legal relationship

between a juvenile and the juvenile’s biological or legal parents when

the parents have demonstrated that they will not provide the degree of

care which promotes the healthy and orderly physical and emotional

well-being of the juvenile.

2. To recognize the necessity for any juvenile to have a permanent plan of

care at the earliest possible age, while at the same time recognizing the

need to protect all juveniles from the unnecessary severance of a

relationship with biological or legal parents.

3. Action which is in the best interests of the juvenile should be taken in all

cases where the interests of the juvenile and those of the juvenile’s

parents or other persons are in conflict.

4. An action to terminate parental rights shall not be used to circumvent the

Uniform Child-Custody Jurisdiction and Enforcement Act.

North Carolina appellate courts have helped shape these purposes and have cited them as

support for some decisions. For example, the courts have considered the Juvenile Code’s

stated purposes when determining whether a particular Rule of Civil Procedure furthered

those purposes and should apply in juvenile proceedings. See, e.g., In re B.L.H., 190 N.C.

App. 142, aff’d per curiam, 362 N.C. 674 (2008); In re S.D.W., 187 N.C. App. 416 (2007); In

re L.O.K., 174 N.C. App. 426 (2005); see also Chapter 4.1 (discussing the application of the

Rules of Civil Procedure). In the case In re R.R.N., 368 N.C. 167 (2015), the supreme court

looked to the dual purpose of the Juvenile Code of protecting and promoting the child’s best

interests while safeguarding the parent-child relationship from state interference. It held a

relative who supervised a one-night sleepover and sexually abused the child during that

sleepover was a not a “caretaker” who was entrusted with the child’s care warranting state

intervention with the family who responded appropriately to the child’s disclosure. In the

case In re Eckard, 148 N.C. App. 541, 548 (2002), the court of appeals held explicitly that an

order ceasing reunification efforts was “not consistent with the purposes and policies of the

statute.” Numerous cases have pointed to the Juvenile Code’s characterization of the child’s

best interest as a paramount consideration in juvenile proceedings. See, e.g., In re D.W.P.,

373 N.C. 327 (2020); In re A.U.D., 373 N.C. 3 (2019); In re A.P., 371 N.C. 14 (2018); In re

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T.H.T, 362 N.C. 446 (2008); In re T.R.P., 360 N.C. 588 (2006).

C. Overview of a Child Welfare Case in North Carolina

The following narrative provides an overview of the primary stages and hearings in abuse,

neglect, or dependency cases to give a big picture perspective of how these cases flow

through North Carolina’s child welfare system. Note that there are other hearings associated

with these proceedings that are not included in this overview but are explained in the relevant

Chapters of this Manual. For detailed explanations of each stage, which includes statutory

citations and applicable case law, see the corresponding chapter.

• Assessment after report. After receiving a report, DSS determines whether an

assessment is required, and if it is, DSS conducts the assessment. If DSS finds evidence

of abuse, neglect, or dependency, DSS must determine whether to provide protective

services to the family, whether to file a petition so that the court can become involved in

the case, and whether removal of the child from the home is necessary to protect the

child.

• Immediate removal and nonsecure custody. If immediate removal is necessary and

there is no time to obtain a court order, DSS (or a law enforcement officer) may take a

child into temporary custody for up to twelve hours (or if one of those hours falls on a

weekend or legal holiday, for up to twenty-four hours) without a court order. At the end

of that time period, DSS must return the child or obtain a temporary emergency custody

order, which is called a nonsecure custody order.

A nonsecure custody order may be issued after DSS files a petition in district court and

shows that the narrowly defined statutory criteria for nonsecure custody apply. Most

initial nonsecure custody orders are issued ex parte. After the initial nonsecure custody

order is issued, a hearing on the need for continued nonsecure custody (or the

adjudicatory hearing) must be held within seven calendar days unless the parties consent

to a continuance for up to ten business days. If the child remains in nonsecure custody the

court must hold periodic hearings on the need for continued nonsecure custody at the

statutorily prescribed intervals, unless waived by the parties. At these hearings, the court

addresses the need for continued nonsecure custody, the child’s placement, visitation, and

in some cases, medical decision-making pending adjudication.

• Adjudication and initial disposition. Abuse, neglect, or dependency petitions are heard in

district court by a judge, without a jury. The hearing on the merits involves two stages:

(1) adjudication, during which the court hears evidence, makes findings, and determines

whether allegations in the petition have been proved by clear and convincing evidence

that the child is abused, neglected, or dependent; and (2) if the court adjudicates the child

to be abused, neglected, or dependent, disposition, which is devoted to identifying the

needs of the child and the parents, guardians, custodians, or caretakers, considering ways

to address those needs, and developing a plan that is in the best interests of the child.

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These two stages have different purposes, standards, and procedures, making it important

that the court delineate clearly the end of one stage and the beginning of the other, even if

both stages are handled in the same court session. At adjudication, the formal rules of

evidence apply, and the burden is on DSS as the petitioner to prove the allegations in the

petition by clear and convincing evidence. The court either adjudicates the child to be

abused, neglected, or dependent, or dismisses the petition with prejudice. If there is an

adjudication, at initial disposition, the rules of evidence do not apply. The court considers

evidence that is finds to be relevant, reliable, and necessary to determine the juvenile’s

needs and most appropriate disposition. The dispositional hearing may be informal.

Although some oral testimony is required, the parties may submit written reports or other

evidence concerning their perspectives on the family’s needs, how those needs can be

met, and what steps should be taken for the child’s care and protection. No one party has

the burden of proof. The guiding principle for the court’s decisions in the dispositional

phase is the child’s best interests with a focus on the child’s health and safety and the

need for the child to achieve permanence within a reasonable period of time. After

making findings and conclusions, the court may leave the child in the home; place

custody with a parent, DSS, a relative, or other suitable person; and make other orders

concerning the child or other parties, including provisions addressing visitation, decision-

making, treatment or other services, and the payment of child support.

• Disposition: initial, review, and permanency planning. Dispositions occur in phases:

initial disposition and then review or permanency planning. See S.L. 2021-132, sec. 1

(creating separate review hearing and permanency planning hearing tracks, effective

October 1, 2021). The Juvenile Code sets forth the maximum time periods within which

each type of dispositional hearing must be held. The Juvenile Code does not prohibit the

scheduling of the different types of dispositional hearings on the same day.

The initial dispositional hearing immediately follows the adjudicatory hearing and must

be completed within thirty days of the conclusion of the adjudicatory hearing. A review

or permanency planning hearing, which is determined by whether custody has been

removed from a parent, guardian, or custodian, is scheduled within ninety days of the

initial dispositional hearing. If custody has not been removed, a review hearing is held. If

custody has been removed from a parent, guardian, or custodian, a permanency planning

hearing is held. A permanency planning hearing must be scheduled sooner than ninety

days when the court orders DSS relieved of reunification efforts at the initial

dispositional hearing. In that circumstance, a permanency planning hearing must be held

within thirty days from an initial dispositional order that determined reasonable efforts

for reunification are not required. Additionally, a case will switch from review hearings

to permanency planning hearings if the court orders custody removed from a parent,

guardian, or custodian as part of its disposition ordered at a review hearing.

Periodic review or permanency planning hearings must be held at least every six months

absent statutory criteria that allows for a waiver of or longer duration between those

hearings or the court orders the termination of its jurisdiction. If the child remains in the

custody of a parent, guardian, or custodian, the court will either terminate jurisdiction or

waive further hearings once the parent, guardian, or custodian has completed court-

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ordered services and the juvenile resides in a safe home.

For the various dispositional hearings, the rules of evidence do not apply and the court

considers evidence it finds to be relevant, reliable, and necessary to meet the juvenile’s

needs and develop the most appropriate disposition. The applicable standard is the best

interests of the child.

At each review and permanency planning hearing, the court considers and makes findings

about a variety of statutory criteria, including what services have been or should be

offered; whether the child’s placement is appropriate; and if the child has been removed

from the home, whether the child’s return home is likely. The presumptive goal in every

case is for the child to remain at home safely or, if placed outside the home, to reunify

with either parent or with the guardian or custodian from whose home the child was

removed by court order.

In cases where permanency planning hearings are held, the court must order concurrent

permanent plans until one has been achieved, with priority given to reunification unless

certain written findings are made by the court. There are six permanent plans:

reunification, adoption, guardianship to a non-parent, custody to a non-parent, Another

Planned Permanent Living Arrangement (APPLA) (for juveniles who are 16 or 17 years

old only), and reinstatement of parental rights. If one of the concurrent permanent plans

for the child is adoption, a termination of parental rights (TPR) action may be necessary

to implement that plan.

A TPR proceeding is also divided into two stages: adjudication and disposition. At

adjudication, the court determines whether a statutory ground for termination of parental

rights has been proved by clear, cogent, and convincing evidence. If not, the case is

dismissed. If one or more grounds exist, the court moves on to the disposition where it

determines whether a TPR is in the child’s best interest. The court will terminate parental

rights only if it finds both a ground and that it is in the child’s best interests. If parental

rights are terminated and the child is in the custody of DSS or a licensed child-placing

agency, post-termination review hearings must be held at least every six months to

examine progress toward achieving the child’s permanent plan.

• The end of the case. The court retains jurisdiction and can enter orders in the abuse,

neglect, or dependency case until the court enters an order that terminates its jurisdiction,

a final order of adoption is entered, or the juvenile turns eighteen or is emancipated,

whichever occurs first.

Resources: For a primer addressing the various stages, time requirements, and applicable rules and

standards, with flowchart, see SARA DEPASQUALE, STAGES OF ABUSE, NEGLECT, AND

DEPENDENCY CASES IN NORTH CAROLINA: FROM REPORT TO FINAL DISPOSITION (UNC

School of Government, 2022).

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To learn more about the process, starting with whether to make a report and ending with a

final disposition listen to Beyond the Bench: Season 02: Homelessness, Neglect, and the

Child Welfare System in North Carolina, UNC SCHOOL OF GOVERNMENT, NORTH CAROLINA

JUDICIAL COLLEGE (2016) (also available through iTunes and Stitcher). This podcast consists

of six episodes, which focus on the different stages of a neglect case and features interviews

with district court judges, DSS staff and attorney, a parent attorney, and the child’s guardian

ad litem team.

D. Demographics

1. National data.4 The U.S. Department of Health and Human Services, via the Children’s

Bureau, collects and reports data relating to child maltreatment in the United States. For fiscal

year 2020 (October 1, 2019 through September 30, 2020), child protective services agencies

received an estimated 3.9 million referrals of alleged child maltreatment (abuse or neglect)

that involved approximately 7.1 million children. Of those reports, approximately 2.1 million,

representing an estimated 3.1 million children, were screened in (meaning action was taken)

from the child protective agency. Of the reports that were screened in, more than seventeen

percent (17%) were substantiated for abuse or neglect having occurred, and those

substantiated reports involved an estimated 618,000 children. More than one in four child

victims (28.6%) are two years old and younger with children younger than 1 having the

highest rate of victimization. The vast majority of cases (76.1%) involved child neglect. A

child’s death is the most tragic consequence of abuse or neglect and is what child protective

services seeks to prevent. Nationally, an estimated 1,750 children died from abuse or neglect

in fiscal year 2020, and two out of three of those fatalities (68%) were of children younger

than 3 years old.

Resource: For more statistics and information relating to the reporters, the type of

maltreatment, demographics of children, alleged perpetrators, child deaths, and state specific

data, see the CHILDREN’S BUREAU, U.S. DEP’T OF HEALTH & HUMAN SERVICES, “Child

Maltreatment 2020” (2020).

2. North Carolina data.5 Statistics on North Carolina reports of abuse, neglect, and

dependency as well as child placement data are maintained through a joint project of the

Jordan Institute for Families at the School of Social Work at The University of North Carolina

at Chapel Hill and the Division of Social Services in the North Carolina Department of Health

and Human Services.

4 Information for this section was obtained from CHILDREN’S BUREAU, U.S. DEP’T OF HEALTH & HUMAN SERVICES,

“Child Maltreatment 2020” (2020) (based on information gathered from the National Child Abuse and Neglect Data

System (NCANDS), which collects annual data that is voluntarily submitted by the fifty states, the District of

Columbia, and the Commonwealth of Puerto Rico), available at www.acf.hhs.gov/cb/report/child-maltreatment-

2020 (last visited January 24, 2022). 5 Information for this section was obtained from D. F. Duncan, K. A. Flair, C. J. Stewart, S. Guest, R.A. Rose,

K.M.D. Malley, and W. Reives “Management Assistance for Child Welfare, Work First, and Food & Nutrition

Services in North Carolina,” (v3.2, 2020) for “Child Welfare.” Retrieved on February 1, 2022, from the University

of North Carolina at Chapel Hill Jordan Institute for Families website.

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The data show that in state fiscal year 2020-2021, there were 112,576 investigated reports of

abuse, neglect, or dependency. Forty percent (40%) of those children were 5 years old or

younger. Findings resulting from investigations or assessments are characterized in nine ways,

and one report may result in multiple characterizations.

From July 2020 through June 2021 the data show the following findings:

Finding Total Number SFY 2020-2021

• abuse and neglect 1,287

• abuse 811

• neglect 5,076

• dependency 174

• services needed 12,209

• services provided, no longer needed 3,590

• services recommended 34,202

• unsubstantiated 15,090

• services not recommended 40,137

The data also includes information about children in foster care in North Carolina. During the

2020-2021 state fiscal year, there were 16,672 children who were in foster care in North

Carolina at some point during that year. This number reflects the different children who

moved into and out of foster care over the course of that year. The data also provides a

snapshot in time of the number of children in foster care on the last day of any given month;

for example, on November 30, 2021, there were 11,162 children in foster care in North

Carolina.

Resource: For more information about children alleged or found to be abused, neglected, or

dependent (e.g., such as referral source, race, age, gender, ethnicity, number of placements,

length of time in foster care, or reason for exit from foster care) on a statewide or individual

county or judicial district basis, see footnote 5 for link to the website data.

1.2 Federal-State-County System

A. County-State Structure and Relationship

North Carolina is in the small minority of states that has a state-supervised, county-

administered child welfare system.6 Each county has either a department of social services

(DSS) or a consolidated human services agency that includes social services. See G.S. 108A-

1. Rather than one centralized state administered system, the 100 different county

departments provide child welfare services to families.

6 “Statutory Changes Will Promote County Flexibility in Social Services Administration” “Final Report” to the

Joint Legislative Program Evaluation Oversight Committee, Report No. 2011-03 (May 2011), Program Evaluation

Division, the North Carolina General Assembly.

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The North Carolina Department of Health and Human Services (NC DHHS) is designated as

the single state agency responsible for administering or supervising the administration of

social services programs under the Social Security Act. G.S. 108A-71. Through its Division

of Social Services, NC DHHS provides oversight, technical assistance, and training to the

county departments. See G.S. 131D-10.6A; 108A-74. The Division of Social Services has a

Child Welfare Services section that develops extensive state child welfare policies (published

primarily as an online manual, setting out best practice guidelines to be used by DSS staff),

provides consultations, and monitors counties’ compliance and performance.7 Starting in

2018, each county DSS is required to enter into a written agreement with NC DHHS

(referred to as a memorandum of understanding (MOU)) that sets out specific mandated

performance requirements and administrative responsibilities for all social services programs,

including child welfare, with the exception of Medicaid. G.S. 108A-74. An MOU must be

executed each year. When a county department is not providing or making reasonable efforts

to provide child welfare services in accordance with North Carolina statutes and regulations,

NC DHHS has the authority to provide technical assistance, withhold state and federal child

welfare services administrative funds, create and implement a corrective action plan, and

ultimately control service delivery directly or through a contract with a public or private

agency. G.S. 108A-74. The procedures for NC DHHS intervention are set forth in G.S.

108A-74.

Resource: In 2017, S.L. 2017-41 included several provisions affecting the state’s child welfare system.

Several components related to increasing state supervision through the creation of a new

system of regional supervision for local administration. A Social Services Working Group

(SSWG) was tasked with making recommendations about the role of NC DHHS and regional

supervision of the counties. The two required reports were published in March and December

of 2018. The work of the SSWG is available on the UNC School of Government website, on

the Social Services microsite, here.

NC DHHS maintains two statewide registries related to abuse, neglect, or dependency: (1)

the central registry of abuse, neglect, and dependency cases and child fatalities resulting from

alleged maltreatment (central registry) and (2) the responsible individuals list (RIL). G.S. 7B-

311. The information maintained in these registries is provided to NC DHHS by the county

departments and may be accessed by other county departments. G.S. 7B-311. For more

information about these registries, see Chapter 5.2.

NC DHHS is also responsible for approving, periodically reviewing, suspending, and

revoking licenses for foster care, residential child care, and adoptive homes. G.S. 131D-10.3;

131D-10.6. The Division of Social Services keeps a registry of all licensed family foster and

therapeutic foster homes. G.S. 131D-10.6C.

7 NC CHILD WELFARE MANUAL, available online here.

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Resources: For additional information regarding the Division of Social Services, see the “Social

Services” home page under “Divisions” on the N.C. Department of Health and Human

Services website, here.

For additional information about child welfare programs and services within the Division of

Social Services, including child protective services, foster care, etc., see “Child Welfare

Services” on the Division of Social Services, N.C. Department of Health and Human

Services website.

For information about the structure of child welfare systems in other states, see CHILD

WELFARE INFORMATION GATEWAY, U.S. DEP’T OF HEALTH & HUMAN SERVICES, “State vs.

County Administration of Child Welfare Services” (2018).

B. The County DSS

1. Governing structure and staff. Each county department has a governing board, which may

be a social services board, a consolidated human services board, or a board of county

commissioners that has assumed the powers and duties of either a county social services

board or consolidated human services agency (CHSA). County social services boards select

DSS directors, who hire staff and administer county programs. In counties with a

consolidated human services board, the county manager appoints and supervises a county

director of human services, who appoints staff only on approval of the county manager. See

Article I of G.S. Chapter 108A; 153A-77. In a county with a CHSA that includes social

services, the consolidated human services director acquires the statutory powers and duties of

a DSS director but may delegate these powers and duties to a separate individual or to

multiple staff members within the CHSA. G.S. 153A-77(e).

Statutes and regulations related to DSS responsibilities usually reference “the director” as the

one carrying out DSS responsibilities. The Juvenile Code defines the “director” as the

director of the department of social services in the county where the child resides or is found,

or the director’s representative. G.S. 7B-101(10). The director’s duties and authority to

delegate responsibilities to staff are set out in G.S. 108A-14. It is therefore understood that

most responsibilities belonging to the “director” are carried out through authorized

representatives of the director. In this Manual, the term “DSS director” typically refers to the

director of a county department of social services or CHSA and the staff members to whom

the director delegates.

County DSS and human services agencies are departments within county government, and

their directors and employees are county employees. However, the director and agency are

also guided by and accountable to the state in many respects. State appellate courts have held

in several child welfare contexts that the county DSS operates as an agent of the state. See,

e.g., In re N.X.A., 254 N.C. App. 670 (2017) (verification requirements for abuse, neglect,

dependency petition); Gammons v. N.C. Dep’t of Human Res., 344 N.C. 51 (1996) (child

protective services); Vaughn v. N.C. Dep’t of Human Res., 296 N.C. 683 (1979) (foster care);

In re Z.D.H, 184 N.C. App. 183 (2007) (appeal in a juvenile case); Parham v. Iredell County

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Dep’t of Soc. Servs., 127 N.C. App. 144 (1997) (adoption).

Individual county DSS agencies may have local policies and procedures developed by the

county social services or human services board or director. However, most policies and

procedures related to child welfare are determined by statutory requirements, administrative

rules adopted by the Social Services Commission (found in 10A N.C.A.C. 70A), and policies

adopted by the NC DHHS Division of Social Services. Moreover, despite being county

employees, county DSS directors and employees are subject by law to the provisions of the

State Human Resources Act (SHRA) with respect to recruitment, selection, and dismissal

procedures. G.S. 126-5(a)(2). CHSA directors and employees are not subject to the SHRA

unless county commissioners explicitly elect to keep them subject to the SHRA. G.S. 153A-

77(d).

Resources: For more information on social services boards, see JOHN L. SAXON, HANDBOOK FOR

COUNTY SOCIAL SERVICES BOARDS (UNC School of Government, 2009). Note that this book

was written prior to changes in the law in 2012 regarding the organization and governance of

North Carolina human services agencies. An updated School of Government book for human

services boards (including boards of social services and CHS boards) is currently in progress.

For further information about social services, see also AIMEE N. WALL, Social Services, CH.

39 in FRAYDA S. BLUESTEIN (ed.), COUNTY AND MUNICIPAL GOVERNMENT IN NORTH

CAROLINA (UNC School of Government, 2d ed. 2014).

For information about consolidated human services agencies, see “Consolidated Human

Services Agencies (CHSAs)” on the UNC School of Government’s North Carolina Public

Health Law microsite.

For information about CHSA directors and personnel, including the delegation of authority,

see KRISTI A. NICKODEM, Personnel Decisions for North Carolina’s Consolidated Human

Services Agencies, SOCIAL SERVICES LAW BULLETIN No. 2021/49 (UNC School of

Government, Dec. 2021).

2. DSS role and responsibilities. Child welfare services provided by DSS include intake and

assessment of abuse, neglect, and dependency reports; casework; initiation of and

participation in court proceedings; provision of reasonable efforts and permanency planning

services related to those proceedings; foster care and other placement services; and adoption

services.

(a) Protective services. DSS’s responsibility for protective services includes

• screening reports of suspected abuse, neglect, or dependency;

• performing assessments;

• providing casework services; and

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• providing other counseling services to parents, guardians, or other caretakers to help

those individuals and the court prevent abuse or neglect; improve the quality of child

care; be more adequate parents, guardians, or caretakers; and preserve and stabilize

family life.

G.S. 7B-300.

Intake and screening. DSS has the duty to screen reports of suspected child abuse,

neglect, or dependency to determine whether the facts reported, if true, meet the statutory

definitions of abuse, neglect, or dependency. See G.S. 7B-302; 7B-403. If they do, DSS

must determine what type of assessment response is appropriate. See G.S. 7B-302(a). See

Chapter 5.1 for a discussion of the statutory requirements for the intake and screening

process. For DSS policies and procedures related to intake and screening, see DIV. OF SOC.

SERVS., N.C. DEP’T OF HEALTH & HUMAN SERVICES, NC CHILD WELFARE MANUAL “CPS

Intake,” available here.

Assessment. A multiple response system (MRS) provides different responsive procedures

for different types of situations. A “family assessment” response is used for reports

meeting the statutory definitions of neglect and dependency and applies a family-centered

approach that focuses on the strengths and needs of the family as well as the child’s

alleged condition. G.S. 7B-101(11a). A more formal “investigative assessment” response

is used for reports containing allegations meeting the statutory definitions of abuse as well

as selected reports of neglect or dependency as determined by the director. G.S. 7B-

101(11b). At the end of an assessment, DSS determines (or substantiates) whether abuse,

neglect, serious neglect, or dependency occurred. Serious neglect is for purposes of

placing an individual on the Responsible Individuals List and is not in reference to a

child’s status. In re J.M., 255 N.C. App. 483 (2017).

If DSS substantiates a report or determines that the family is in need of services, DSS

must provide protective services and may file a petition with or without requesting a

nonsecure custody order removing the child from the home immediately. See G.S. 7B-

302(c), (d); 108A-14(a)(11). Without a substantiation or a finding of a need for services,

DSS may make appropriate referrals for the family but must close its protective services

case. Both types of assessments as well as the statutory requirements of the assessment

stage are discussed in Chapter 5.1.B. For an explanation of DSS policies and procedures

related to assessments and the multiple response system (MRS), see DIV. OF SOC. SERVS.,

N.C. DEP’T OF HEALTH & HUMAN SERVICES, CHILD WELFARE MANUAL “Purpose,

Philosophy, Legal Basis and Staffing” and “Assessments,” available here.

Casework and other services. After substantiation or a finding that a family requires

services, DSS is responsible for determining what services would help the family to meet

the child’s basic needs, keep the child safe, and prevent future harm. DSS must determine

and arrange for the most appropriate services, focusing on the child’s safety and, in cases

where a child has been removed from the home, returning the child to a safe home. See

G.S. 7B-101(19) (definition of “safe home”). Part of the casework requires DSS to make

“reasonable efforts” to prevent or eliminate the need for the child’s placement outside the

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home. See G.S. 7B-101(18) (definition of “reasonable efforts”). The court may order DSS

to provide specific efforts. See G.S. 7B-906.2(b). For a discussion of DSS services and

related policies and procedures, see DIV. OF SOC. SERVS., N.C. DEP’T OF HEALTH &

HUMAN SERVICES, CHILD WELFARE MANUAL “In-Home Services,” “Permanency

Planning,” and “Cross Function,” available here.

(b) Child placement services. A child may be placed in an out-of-home placement through

either a voluntary action on the parent’s part or by court order. Occasionally a parent and

DSS will enter into a voluntary foster care placement agreement. G.S. 7B-910. See

Chapter 8.2 (discussing voluntary placements). If a parent relinquishes a child to DSS (or

licensed child-placing agency) for adoption, the agency acquires legal and physical

custody of the child and assumes placement responsibility for the child under the adoption

law. G.S. 48-3-705. See Chapter 10.2.B (discussing relinquishments). Otherwise, DSS’s

authority to place children is derived from the following types of court orders giving DSS

custody or placement responsibility for children:

• nonsecure custody orders entered before the adjudication hearing;

• initial disposition, review, or permanency planning orders entered after a child’s

adjudication; or

• termination of parental rights orders that have the effect of vesting or ordering custody

and placement responsibility in DSS.

See G.S. 7B-507; 7B-905; 7B-906.1(h), (i); 7B-1112(1), (2).

DSS plays a role in the state’s foster care licensing process and is responsible for

supervising foster care placements. See G.S. 108A-14(a)(12). Some of DSS’s authority in

relation to children in DSS custody is specified by statute. See, e.g., G.S. 7B-505.1; 7B-

903.1; 48-3-705. Individual court orders may include provisions relating to the child’s

placement and DSS’s authority and duties. For detailed provisions relating to DSS

placement responsibilities, see DIV. OF SOC. SERVS., N.C. DEP’T OF HEALTH & HUMAN

SERVICES, CHILD WELFARE MANUAL “Cross Function,” “Permanency Planning,” and

“Interstate Compact on the Placement of Children,” available here. See also Chapter 7.4

(relating to out-of-home placements in the dispositional phase of the case).

DSS (or the licensed child-placing agency with placement authority for the child) selects

the child’s prospective adoptive parents. G.S 7B-1112.1. DSS also investigates and

supervises adoptive placements. G.S. 108A-14(a)(6) and (13); see G.S. 48-3-201 to -207

(preplacement assessment for adoption); 48-2-501 to -504 (report for court in adoption

proceeding). See also DIV. OF SOC. SERVS., N.C. DEP’T OF HEALTH & HUMAN SERVICES,

CHILD WELFARE MANUAL “Adoptions” and “Permanency Planning,” available here. See

Chapter 10.3 (discussing selected North Carolina laws related to adoptions).

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C. Federal-State-County Funding8

Funding for child welfare services that are provided by the county departments of social

services comes from a complicated mix of federal, state, and county sources.

Significant federal involvement with the protection of children began with the Social Security

Act of 1935, which included funding to states for services “. . . for the protection and care of

homeless, dependent, and neglected children.” Today, the largest federally funded programs

that support state child welfare programs and activities are authorized by the Social Security

Act: Title IV-B for the Child Welfare Services and Promoting Safe and Stable Families

(formerly known as Family Preservation) programs and Title IV-E for the Foster Care

Program, Adoption Assistance Program, and the Chafee Foster Care Independence Program.

These programs are administered by the U.S. Department of Health and Human Services. In

addition, the Social Services Block Grant (SSBG) is authorized under Title XX of the Social

Security Act and funds a wide range of programs that support social policy goals specified in

the Social Security Act.

Some sources of the federal funding, such as the Social Services Block Grant (SSBG) under

Title XX, are capped at an amount determined by federal legislation. Other sources of federal

funding, such as foster care payments provided under Title IV-E, are uncapped, meaning that

total funding depends on the number of eligible children in the state. These and other sources

of federal funding require some matching funds from the state as well as compliance with

numerous program requirements contained in federal laws and regulations.

The state legislature determines how the state and counties share responsibility for the non-

federal share of the cost of federally funded programs. The General Assembly appropriates

state funds for the state’s portion of the non-federal share, allocates federal block grant funds,

and appropriates additional state funds for child welfare services and programs.

Counties’ primary funding responsibilities for child welfare fall into two categories:

• matching funds and maintenance of effort funds required by the state and

• any amounts above those available from federal and state funds and required matches that

are necessary for the county to carry out its statutory duties to provide child welfare

services.

Both are the responsibility of boards of county commissioners. A county that fails to provide

services due to insufficient county funding could have NC DHHS implement a corrective

action plan with the county board of commissioners, DSS board, and DSS director; withhold

funding; and eventually take over the county’s child welfare programs. G.S. 108A-74.

8 Some of the content for this section was sourced from CHILD WELFARE INFORMATION GATEWAY, U.S. DEP’T OF

HEALTH & HUMAN SERVICES, “Major Federal Legislation Concerned With Child Protection, Child Welfare, and

Adoption” (2019).

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Resource: For a detailed explanation of child welfare funding in North Carolina, see DIV. OF

SOC. SERVS., N.C. DEP’T OF HEALTH & HUMAN SERVICES, CHILD WELFARE MANUAL

Appendices 1 through 3.7, available here.

D. Federal-State Relationship

States are primarily responsible for the laws and programs that address the needs of children

and families but there are also many federal statutes and regulations that apply to some of the

programs and services. Federal funding and the conditions attached to states receiving it have

influenced states’ child welfare systems, such as the enactment of certain state statutes.

Periodically, the federal Children’s Bureau (in the Administration for Children and Families

in the U.S. Department of Health and Human Services) reviews North Carolina cases to

assess compliance with federal laws. Two significant audits are the Child and Family

Services Review (CFSR) and the IV-E Eligibility Review.

1. Child and Family Service Review (CFSR).9 The CFSR evaluates a state’s child welfare

system with the three-fold purpose of ensuring the state is complying with federal

requirements, determining what is actually happening to children and families who are

receiving child welfare services, and assisting states in helping children and families achieve

positive outcomes. The CFSR measures seven outcomes related to safety, permanency, and

well-being and seven systemic factors.

Safety, Permanency, and Well-being

Outcomes

Systemic Factors for the State

Are children under the care of the state

protected from abuse and neglect

Statewide information system

Are children safely maintained in their own

homes whenever possible and appropriate

Case review system

Do children have permanency and stability

in their living conditions

Quality assurance system

Are the continuity of family relationships

and connections preserved for children

Staff and provider training

Do families have enhanced capacity to

provide for their children’s needs

Service array and resource development to

meet the needs of children and families

Do children receive appropriate services to

meet their educational needs

Agency responsiveness to the community

Do children receive adequate services to

meet their physical and mental health needs

Foster and adoptive parent licensing,

recruitment, and retention

If a state is out of conformance with any of the fourteen measured outcomes, it must submit a

Program Improvement Plan (PIP) to identify corrective actions that need to be taken to

improve compliance with federal laws. A finding of substantial conformity requires that

9 The content for this section is sourced from the website for the Children’s Bureau, U.S. Department of Health and

Human Services, “Child & Family Service Reviews (CFSRs).”

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ninety-five percent (95%) of the reviewed cases be rated as having substantially achieved the

outcome. The standards are intentionally set high.

North Carolina has completed three CFSRs (2001, 2007, 2015). Because North Carolina does

not have statewide data, the CFSRs were based on a small random sampling of cases from a

few counties. Like all other states, North Carolina has not been in substantial conformity with

all fourteen outcomes. However, in 2015 although certain strengths were identified, North

Carolina was found not to be in substantial conformity with any of the fourteen measured

outcomes. North Carolina created a PIP, which went into effect in January 2017.

Resources: To view North Carolina’s and other states’ CFSR reports and PIPs, see “Reports and Results

of the Child and Family Services Reviews (CFSRs)” on the Children’s Bureau, U.S.

Department of Health and Human Services website. The Round 3 CFSR report and PIP are

also available on the N.C. Department of Health and Human Services website, searched

under “Child and Family Services Performance Improvement Plan,” available here.

For information about the CFSR, see “Child and Family Services Reviews” on the website

for the Children’s Bureau, U.S. Department of Health and Human Services.

2. The IV-E eligibility review.10 The on-site IV-E Eligibility Review is conducted every three

years to assess compliance with Title IV-E of the Social Security Act. However, due to the

COVID-19 pandemic, all IV-E eligibility reviews have been indefinitely postponed, effective

April 10, 2020. See U.S. Department of Health and Human Services Administration for

Children and Families letter dated April 10, 2020, here.

The review determines whether children in foster care meet the eligibility requirements for

federal foster care maintenance payments. For this review, sample cases from a few counties

are evaluated. Reviewers have access to the child’s case records, court orders, placement and

payment histories, and provider licensing and safety documentation. The state’s “score” is

based on the number of cases with errors. There are numerous eligibility factors that are

examined, including whether court orders in the sample cases comply with federal

requirements, such as those relating to

• judicial determinations of “reasonable efforts” and “contrary to the welfare,”

• voluntary foster care placements (see G.S. 7B-910), and

• vesting responsibility for the child’s placement and care with the state (or county) agency.

If the state is not in substantial compliance, it must develop and implement a Program

Improvement Plan (PIP) to correct the deficiencies, improve performance, and strengthen

program operation.

10 The content for this section is sourced from the website for the Children’s Bureau, U.S. Department of Health and

Human Services, “Title IV-E Reviews.”

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In 2017, North Carolina was in substantial compliance for the period under review. Some

areas were noted for needing improvement, such as obtaining judicial determinations of

“contrary to the welfare” and “reasonable efforts to prevent removal” findings and

documenting accurate payment histories to providers.

Resources: To access selected Final Reports for North Carolina’s (and other states’) IV-E review, see the

“Title IV-E State Reports and PIPs” page on the website for Children’s Bureau, U.S.

Department of Health and Human Services.

For information about the IV-E Eligibility Review, see the website link at footnote 11 and

TITLE IV-E FOSTER CARE ELIGIBILITY REVIEW GUIDE (2012). For supplementary information

in the Federal Register explaining 45 C.F.R. Parts 1355, 1356, and 1357; Title IV-E Foster

Care Eligibility Reviews; and Child and Family Services State Plan Reviews, see 65 Fed.

Reg. 4020 (Jan. 25, 2000).

For federal policy in a Q&A format related to Titles IV-B and IV-E, see the CHILD WELFARE

POLICY MANUAL under the “Laws and Policies” section of the Children’s Bureau, U.S.

Department of Health and Human Services website, specifically “7. Title IV-B” and “8. Title

IV-E”.

1.3 State and Federal Sources of Authority: Laws, Rules, and Policy

Although North Carolina’s child welfare system is primarily governed by state laws and

regulations, those laws and regulations must meet the minimum requirements established by

federal laws. Many requirements of relevant federal laws have been integrated into the North

Carolina Juvenile Code, and some are explicitly referenced in the Juvenile Code but not

codified. Requirements of federal and state laws also are integrated into state regulations and

policies.

A. North Carolina

1. The Juvenile Code: G.S. Chapter 7B. North Carolina enacted its first Juvenile Code in 1919.

Major rewrites took effect in 1970, 1980, and, most recently, in 1999 when the current

Juvenile Code (G.S. Chapter 7B) became effective. The 1919 Juvenile Code applied to

juveniles who were neglected, dependent, abandoned, destitute or homeless, delinquent,

truant, unruly, wayward, misdirected, disobedient to or beyond the control of their parents, or

in danger of becoming any of these things. Over the years these evolved into the current

categories of abused, neglected, dependent, delinquent, and undisciplined juveniles.

The 1999 Code was the first to separate within the Juvenile Code provisions relating to

juveniles who need protection (abused, neglected, or dependent juveniles) and those whose

conduct brings them before the court (delinquent and undisciplined juveniles). The Juvenile

Code is organized into five subchapters:

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• Subchapter I: abuse, neglect, dependency, and termination of parental rights;

• Subchapter II: undisciplined and delinquent juveniles;

• Subchapter III: juvenile records (including those arising from abuse, neglect, dependency,

and termination of parental rights cases);

• Subchapter IV: parental authority and emancipation; and

• Subchapter V: the interstate placement of children.

The Juvenile Code establishes both the procedural and substantive laws that apply to abuse,

neglect, dependency, and termination of parental rights cases as well as the legislature’s

purpose in enacting the Juvenile Code. The legislature amends the Juvenile Code in some

respect almost every session—to ensure compliance with federal funding conditions, respond

to North Carolina appellate court decisions, conform to changes in other laws, or for other

reasons.

Resources: The Juvenile Code, along with other North Carolina statutes, may be accessed online at the

North Carolina General Assembly website; see “General Statutes” under “Bills & Laws.”

For a summary of North Carolina legislation from 1997 through 2005 and its impact on the

Juvenile Code, see DIV. OF SOC. SERVS., N.C. DEP’T OF HEALTH & HUMAN SERVICES, CHILD

WELFARE MANUAL “Purpose, Philosophy, Legal Basis and Staffing,” available here.

For annual summaries of North Carolina legislation, beginning with the 1998 session, see

“Legislative Summaries” on the “Legislative Reporting Service” page on the UNC School of

Government website.

2. The Administrative Code: Title 10A. In North Carolina, binding agency regulations are

referred to as “Rules” that are set forth in the North Carolina Administrative Code

(N.C.A.C.). The Rules regulating child welfare services are adopted by the Social Services

Commission. G.S. 143B-153; see, e.g., G.S. 108A-25(a); 108A-80(d); 7B-311; 131D-10.3;

131D-10.5. The Social Services Commission consists of one member from each of the state’s

thirteen congressional districts. G.S. 143B-154. Each member is appointed by the Governor

for a four-year term. G.S. 143B-154.

Rules regulating health and human services are found in Title 10A of the N.C.A.C.

Children’s services are found in Chapter 70, which consists of sixteen subchapters

(Subchapter A through P). Because child welfare services are part of social services, Rules

for social services also apply to the extent they do not conflict with federal and state laws.

Chapter 69 regulates confidentiality and access to client records (see Chapter 14 of this

Manual for a further discussion on confidentiality and information sharing), and Chapters 67

and 68 regulate social services procedures and rulemaking respectively. The Rules are

enforced by NC DHHS. G.S. 143B-153(7); see G.S. 108A-74.

Resource: The N.C.A.C. is available online at the North Carolina Office of Administrative

Hearings website, under the “Rules” section. For a table of contents of 10A N.C.A.C.

Chapter 70, see Title 10A – Health and Human Services – Chapter 70.

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3. Child Welfare Manual. The Division of Social Services at NC DHHS develops policies that

comply with state and federal laws and represent best practice guidance. The North Carolina

Court of Appeals has, in its discretion, taken judicial notice of the policies and protocols

found in the Child Welfare Manual. See In re J.M., 276 N.C. App. 291 (2021) (taking

judicial notice of the CPS Family and Investigative Assessments, Policy, Protocol, and

Guidance).

The policies, along with technical assistance and consultation, training for county staff,

program reviews, and program improvement plans (when needed), are used by the Division of

Social Services as part of its supervision over county departments. DIV. OF SOC. SERVS., N.C.

DEP’T OF HEALTH & HUMAN SERVICES, CHILD WELFARE MANUAL “Purpose, Philosophy,

Legal Basis and Staffing,” available here. Note, however, that the failure to follow the

policies does not authorize NC DHHS to withhold state and federal child welfare services

administration funds or to assume control of the delivery of services. See G.S. 108A-74

(referencing State law and applicable rules adopted by the Social Services Commission). The

NC Child Welfare Manual is an extensive resource for anyone who deals with or is interested

in abuse, neglect, dependency, and termination of parental rights proceedings in North

Carolina.

Resource: The policies and procedures contained in the NC Child Welfare Manual are

currently available on the NC DHHS Policies and Manuals website under “Divisional,”

“Social Services,” “Child Welfare Services,” “Policy/Manuals.”

4. Other relevant North Carolina statutes. The Juvenile Code refers to other statutes that

apply to abuse, neglect, dependency, and termination of parental rights proceedings.

G.S. Citation Substantive Issue

G.S. 1A-1 The North Carolina Rules of Civil Procedure

Chapter 8C The Rules of Evidence

Chapter 14 Certain criminal statutes are incorporated in the definition of “abused

juvenile”, “neglected juvenile”, and “responsible individual”; other

criminal statutes relate to when a parent is excluded from being a

party in an abuse, neglect, dependency, or adoption proceeding and

are included in aggravating factors related to eliminating reasonable

efforts at initial disposition

Chapter 48 Adoptions of minor children

Chapter 50 Child custody actions and orders

Chapter 50A The Uniform Child-Custody Jurisdiction and Enforcement Act

(UCCJEA)

Chapter 108A Social services law including confidentiality, director’s duties, and

foster care and adoption assistance

Chapter 122C Mental health, development disabilities, and substance abuse laws

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Additionally, issues relating to families and children may arise in the context of an abuse,

neglect, dependency, or termination of parental rights action that require the attorneys or court

to look to other substantive laws that are outside of the Juvenile Code.

Examples include

G.S. Citation Substantive Issue Chapter 35A Incompetency definition and procedures as related to a respondent

parent’s need for Rule 17 GAL

G.S. 8-50.1(b1) Ordering genetic marker testing when paternity is an issue

Chapter 49 Determining whether paternity is an issue and what efforts have been

made to establish paternity

Chapters 50 Child support and child custody orders help to identify missing

parents, determine if paternity is an issue, and identify custodians (if

any); applicable as a possible final disposition of the abuse, neglect, or

dependency action through G.S. 7B-911

Chapter 110 Child support and parent locator services to help identify missing

parents

Chapter 115C Education issues, including school assignment, decision-making

authority for students with disabilities, school discipline

Chapter 131D Addressing foster care, including two Bill of Rights (one for foster

children and one for foster parents), the reasonable and prudent parent

standard, and extended foster care

5. Local court rules. In some judicial districts, chief district court judges have adopted local

court rules governing the procedures to be followed in juvenile cases. See G.S. 7B-700(b);

7B-808(c). To access local rules, see “Local Rules and Forms” on the North Carolina

Administrative Office of the Courts website.

B. Influence of Federal Law11

Various federal laws provide states with funding for programs related to child welfare

services and tie the receipt of that funding to a state’s compliance with conditions set out in

federal laws and regulations. Compliance with the federal requirements is often assured by

the state plan that is submitted to and approved by the U.S. Department of Health and Human

Services, see e.g., 42 U.S.C. 622; 42 U.S.C. 671.

The following explains selected components of some of the federal laws that affect child

welfare proceedings and have helped shape the North Carolina Juvenile Code and related

statutes.

11 Some content for this section is adapted or reproduced from CHILD WELFARE INFORMATION GATEWAY, U.S.

DEP’T OF HEALTH & HUMAN SERVICES, “Major Federal Legislation Concerned with Child Protection, Child

Welfare, and Adoption” (2019).

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Resource: Information on all of the federal laws mentioned or summarized in this Chapter

(and other laws not discussed herein) is available on the Child Welfare Information Gateway,

U.S. Department of Health and Human Services website. See “Major Federal Legislation

Concerned with Child Protection, Child Welfare, and Adoption” and “Major Federal

Legislation Index and Search.”

1. The Child Abuse Prevention and Treatment Act (CAPTA). The Child Abuse Prevention

and Treatment Act (CAPTA), Pub. L. No. 93-247, 88 Stat. 4, was enacted in 1974 and has

since been rewritten through a number of amendments and additions. CAPTA is codified at

42 U.S.C. 5101 et seq. and 42 U.S.C. 5116 et seq. Effective June 29, 2015, the federal

regulations (45 C.F.R. Part 1340) were removed in their entirety by the Administration for

Children and Families at the U.S. Department of Health and Human Services after they were

found to be obsolete and unnecessary given the major changes to and clarity provided by

statute. See 80 Fed. Reg. 16577.

CAPTA provides funds to states to establish programs to prevent and treat child abuse and

neglect. It links federal funding to specific requirements, such as

• Reporting requirements. CAPTA requires states to have mandatory child abuse and

neglect reporting laws and immunity for people who report abuse or neglect in good faith.

North Carolina has a universal mandated reporting law, where any person or institution

with cause to suspect a child is abused, neglected, or dependent must make a report to a

DSS. G.S. 7B-301. The reporter is immune from civil or criminal liability when acting in

good faith, which is presumed. G.S. 7B-309. See Chapter 5.1.A (discussing mandated

reporting in North Carolina).

• Child representation. CAPTA requires that if a child is alleged to be abused or neglected

and the case results in a judicial proceeding, the child must be represented by an

appropriately trained guardian ad litem or attorney. In North Carolina, children who are

alleged to be abused or neglected must have a guardian ad litem (GAL) appointed to

represent them in the court action. Children who are alleged to be dependent only (a status

not covered by CAPTA) may have a GAL appointed. G.S. 7B-601. In North Carolina, the

child’s GAL is a team that consists of a guardian ad litem program staff member, an

attorney advocate, and a guardian ad litem volunteer. The state GAL program is a division

of the North Carolina Administrative Office of the Courts and is responsible for providing

training to those involved with the program. G.S. 7B-1200. See Chapter 2.3.D (discussing

the child’s GAL).

• No reasonable efforts. CAPTA sets forth specific criteria for when reasonable efforts for

reunification are not required. In North Carolina, some of the enumerated factors for when

reasonable efforts for reunification are not required incorporate criteria specified in

CAPTA: the parent has been found by a court of competent jurisdiction to have committed

murder or voluntary manslaughter of another child of the parent; aided, attempted,

conspired, or solicited to commit such murder or voluntary manslaughter; committed

felony assault resulting in serious bodily injury to the child or another child of the parent;

committed sexual abuse against the child or another child of the parent; or has been

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required to register on a sex offender registry. G.S. 7B-901(c)(3). See Chapter 7.8

(discussing findings regarding reasonable efforts at different dispositional hearings) and

7.9 (discussing reasonable efforts).

• Confidentiality of records. CAPTA requires that the confidentiality of records be

preserved to protect the rights of children, parents, and guardians. Certain disclosures are

authorized, such as disclosures to individuals who are the subject of a report, government

entities that need the information to carry out their responsibilities to protect children from

abuse or neglect, and child fatality and citizen review panels. The Juvenile Code addresses

confidentiality of information obtained by DSS, including the circumstances of when it

may be shared, in G.S. 7B-302(a1), 7B-2901, 7B- 2902, 7B-1413, and 7B-3100. See

Chapter 14.1 (discussing confidentiality and access to information).

• Child fatality review panels and child abuse citizen review panels. CAPTA requires

citizen reviews and child fatality reviews to help determine whether the state is effectively

discharging its child protective responsibilities. Article 14 of the Juvenile Code establishes

the North Carolina Child Fatality Prevention System. The system is a multidisciplinary

review system that consists of state and local components. At the state level, there is the

North Carolina Child Fatality Task Force, which develops and analyzes the operation of

the child fatality prevention system and makes recommendations regarding laws, rules,

and policies governing that system. There is also the North Carolina Child Fatality

Prevention Team, which reviews child deaths that are attributed to abuse or neglect or

involve a child who had been reported to DSS for suspected abuse or neglect, provides

technical assistance to local county teams, and periodically assesses the operations of the

child fatality prevention system and makes recommendations to the state Task Force as

needed. At the county level, each county has a local Community Child Protection Team

(CCPT), which functions as the citizen review panel, and a local Child Fatality Prevention

Team (CFPT); in some counties, these teams are blended. The local CCPT reviews

selected active child protective cases and cases in which a child died as a result of

suspected abuse or neglect when there was a report made to or the family was receiving

child protective services from a DSS within the previous twelve months. The local CFPT

reviews records of all other child deaths. These local teams report annually to their county

commissioners with recommendations, if any, and advocate for system improvements and

needed resources where gaps and deficiencies may exist. See G.S. 7B-1400 through -1414.

In addition to the child fatality prevention system established by the Juvenile Code, North

Carolina also has a State Child Fatality Review Team, which provides intensive reviews

of child fatalities when the child or family was involved with DSS child protective

services in the twelve months preceding the child’s death. See G.S. 143B-150.20. See

Chapter 14.1.A.3(b) (discussing review of child fatalities by these various teams related to

access to and disclosure of information).

CAPTA also authorized government research into child abuse prevention and treatment,

created the National Center on Child Abuse and Neglect, which has been replaced by the

Office on Child Abuse and Neglect, and established the National Clearinghouse on Child

Abuse and Neglect Information. CAPTA funds training programs, recruitment of volunteers,

and the establishment of resource centers in fields related to abuse and neglect.

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Resources: For a summary of CAPTA amendments, see CHILD WELFARE INFORMATION GATEWAY, U.S.

DEP’T OF HEALTH & HUMAN SERVICES, “About CAPTA: A Legislative History” (Feb. 2019).

Information on some of the legislation reauthorizing and/or amending CAPTA in 1978, 1988,

1992, 1996, 2003, and 2010 to present is available at “Major Federal Legislation Index and

Search,” on the Child Welfare Information Gateway, U.S. Department of Health and Human

Services website.

2. The Indian Child Welfare Act (ICWA). In 1978, the Indian Child Welfare Act (ICWA), Pub.

L. No. 95-608, 92 Stat. 3069, was enacted after Congress found that American Indian children

of federally recognized Indian tribes were being disproportionately and inappropriately

removed from their families and tribal communities. ICWA is codified as amended at 25

U.S.C.1901 et seq. The U.S. Department of the Interior, Bureau of Indian Affairs adopted

federal regulations implementing ICWA, effective December 12, 2016. The regulations are at

25 C.F.R. Part 23.

The purpose of ICWA is to protect the best interests of Indian children and to promote the

stability and security of Indian tribes and families by establishing minimum federal standards

for the removal of Indian children from their families and the placement of those children in

foster or adoptive homes that reflect the unique values of Indian culture. ICWA gives Indian

tribes jurisdiction over or the right to intervene in certain types of child custody proceedings

involving Indian children, including abuse, neglect, dependency; termination of parental

rights; and adoption proceedings. It also imposes specific requirements on state courts that

exercise jurisdiction in those proceedings when an Indian child is the subject of the action.

ICWA is specifically referenced in the Juvenile Code at G.S. 7B-505(d) and 7B-506(h)(2).

ICWA is also explicitly incorporated in North Carolina adoption laws. See G.S. 48-1-108; 48-

3-605(f); 48-3-702(b).

For further discussion of ICWA, see Chapter 13.2.

3. Adoption Assistance and Child Welfare Act. In 1980, Congress enacted the Adoption

Assistance and Child Welfare Act, Pub. L. No. 96-272, 94 Stat. 500, to address problems in

the foster care system and the unnecessary separation of children and families. The Act is

codified as amended in various sections of 42 U.S.C.

The Act provides federal funds for foster care and adoption assistance. As a condition of

receiving funds for foster care, it requires

• Reasonable efforts. States are required to make “reasonable efforts” to (1) prevent the

need to place children outside their homes or (2) reunify children with their families.

“Reasonable efforts” originated with this Act and was the genesis of the reasonable

efforts requirements set out in North Carolina’s Juvenile Code. See G.S. 7B-101(18); 7B-

507(a)(2); 7B-901(c); 7B-903(a3); 7B-906.1(e)(5), (f)(3). See Chapter 7.8 (discussing

findings regarding reasonable efforts at different dispositional hearings) and 7.9

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(discussing reasonable efforts).

• Periodic reviews. The Act also requires periodic review of cases of children in foster care

every six months, and that a permanent plan be made for every child placed away from

home within eighteen months after the child’s initial placement. Some of the time

requirements in the North Carolina Juvenile Code are based on the Act. See Chapter

7.2.A (discussing timing of dispositional hearings).

• Placement setting. A child’s case plan must be designed to achieve a placement in the

least restrictive, meaning most family like, setting available and in close proximity to the

parent’s home when it is consistent with the child’s best interests and needs. The Juvenile

Code requires the court to consider whether it is in the child’s best interests to remain in

the child’s community of residence. G.S. 7B-505(d); 7B-903(a1).

• Foster home licensure standards. The Act also establishes standards for foster family

homes and for periodic review of those standards. Article 1A of G.S. Chapter 131D and

10A N.C.A.C 70E regulate the licensure of foster homes in North Carolina.

The Act also requires maintenance of a data collection and reporting system about children in

care.

4. Family Preservation and Support Services Program Act. In 1993, the Family Preservation

and Support Services Program Act, Pub. L. No. 103-66, 107 Stat. 312, was enacted. Among

its many provisions, the Act strengthened family preservation and support services by

focusing on prevention services, such as parent education programs.

It also established the Court Improvement Program. North Carolina received its initial grant

for its Court Improvement Program (NC-CIP) in 1995. NC-CIP is based in the North Carolina

Administrative Office of the Courts. The purpose of this federally funded program is to

improve court practice in child abuse, neglect, or dependency cases. NC-CIP funds have been

used to support several different types of initiatives over the years, including

• providing staff to twenty-three judicial districts to provide case management support

and/or training and implementing best practices (such as one judge-one family case

assignment, child planning conferences, and shared decision-making);

• implementing Family Drug Treatment Courts in four districts; and

• enhancing JWise, which is the information system used to store data on cases of abuse,

neglect, or dependency in the North Carolina courts.

CIP staff has broadened the program's reach to a more statewide audience for court

improvement activities, including trainings for attorneys, judges, and other legal

professionals involved in child welfare cases and providing financial support for this Manual.

Resource: For more information about the Court Improvement Program in North Carolina,

see “Juvenile Court Improvement Program” on the North Carolina Administrative Office of

the Courts website.

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5. Multiethnic Placement Act (MEPA-IEP). In 1994, the Multiethnic Placement Act (MEPA),

Pub. L. No. 103-382, 108 Stat. 4056, was enacted as Title V, Part E, subpart 1 of the

Improving America’s Schools Act, amending Title IV-E of the Social Security Act. In 1996,

the Interethnic Adoption Provisions (IEP) of the Small Business Job Protection Act, Pub. L.

No. 104-188, 100 Stat. 1744, made significant amendments to MEPA to remove barriers to

interethnic adoptions. It is codified in various sections of 42 U.S.C.

MEPA prohibits the delay or denial of a child’s foster care or adoptive placement based on the

race, color, or national origin of the prospective foster or adoptive parent or child; prohibits

the denial of a prospective foster or adoptive parent from becoming such a parent on the basis

of race, color, or national origin; and requires the recruitment of a diverse pool of foster and

adoptive parents. MEPA is specifically referenced in the Juvenile Code at G.S.7B-505(d) and

7B-506(h)(2). Failure to comply with MEPA is a violation of Title VI of the Civil Rights Act.

For more information about MEPA and Title VI, see Chapter 13.3 and 13.4.

6. Adoption and Safe Families Act (ASFA). In 1997, Congress passed the Adoption and Safe

Families Act (ASFA), Pub. L. No. 105-89, 111 Stat. 2115. ASFA amended the Adoption

Assistance and Child Welfare Act of 1980. It is codified in various sections of 42 U.S.C.

The Juvenile Code refers directly to ASFA in G.S. 7B-100(5), which sets forth the purposes

of the Juvenile Code. In addition, many of the ASFA requirements have been integrated into

the Juvenile Code. ASFA emphasizes, among other things,

• The safety of abused and neglected children as the paramount concern. ASFA

provides that when determining reasonable efforts, the child’s health and safety must be

the paramount concern. In addition, consideration of the “safety of the child’’ was added

to the case plan and review process. Various provisions in the Juvenile Code reference the

court’s consideration of the child’s health and safety. See, e.g., G.S. 7B-507(a); 7B-

903(a2); 7B-905.1(a).

ASFA also requires criminal records checks for foster and adoptive parents who receive

federal funds on behalf of a child. Note that the subsequently enacted Adam Walsh Child

Protection and Safety Act of 2005 prohibits states from opting out of this provision and

additionally requires fingerprinting and a child abuse and neglect registry check of

prospective adoptive or foster parents and other adults living in the home. In North

Carolina, mandatory criminal history checks are required for foster parents, individuals

applying for foster care licensure, and adults who reside in a family foster home. G.S.

131D-10.3A. They are also required for adoptive placements made by DSS, which

includes the prospective adoptive parents and all the adults who reside in the home. G.S.

48-3-309.

• Clarified reasonable efforts. ASFA requires states to specify situations in which

reasonable efforts for reunification are not required because of aggravating circumstances

(as defined by the state) or the involuntary termination of the parent’s rights to the child’s

sibling. ASFA further requires that a hearing be held within thirty days after a

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determination to cease reasonable efforts. It also expanded reasonable efforts to achieve a

permanent placement that was not reunification and emphasized children’s health and

safety. Aggravating circumstances in North Carolina are identified at G.S. 7B-901(c)(1),

and the other provisions regarding reasonable efforts that ASFA requires are found at G.S.

7B-901(c)(2) and (d).

ASFA also allowed for (but did not require) concurrent reasonable efforts to place a child

in an adoption or legal guardianship with reasonable efforts for reunification. As of

October 1, 2015, in North Carolina, concurrent permanent plans are required until a

permanent plan is achieved. See S.L. 2015-136, sec. 14, amended by S.L. 2016-94, sec.

12C.1.(h) (effective July 2016). The court must adopt concurrent permanent plans,

identify the primary plan and secondary plan, and order DSS to make reasonable efforts

toward each plan until a final permanent plan is achieved. G.S. 7B-906.2(a1), (b).

See Chapter 7.8 (discussing findings regarding reasonable efforts at different dispositional

hearings); 7.9 (discussing reasonable efforts); and 7.10 (discussing concurrent permanency

planning).

• Participation in case reviews and hearings. ASFA requires foster parents, pre-adoptive

parents, or relatives providing care to a child to be given notice and an opportunity to be

heard in any review hearing for the child and clarified that such participation does not

make the care provider a party. The Juvenile Code incorporates this provision with respect

to review, permanency planning, and post termination of parental rights (TPR) placement

review hearings. G.S. 7B-906.1(b), (c); 7B-908(b)(1). See Chapters 7.2.B and C

(discussing notice and participation at review and permanency planning hearings) and

10.1.C (discussing notice and participation at post-TPR placement review hearings).

• Timely permanent placements. ASFA requires states to initiate court proceedings to free

a child for adoption when the child had been in foster care for at least fifteen of the most

recent twenty-two months, unless one of several exceptions applied. North Carolina’s

version of this requirement refers to when a child has been placed out of the home for

twelve of the most recent twenty-two months. G.S. 7B-906.1(f). ASFA also requires that

the first permanency planning hearing be held no later than twelve months after a child

entered foster care. Effective October 1, 2021, the Juvenile Code requires that a

permanency planning hearing be held within ninety days of an initial dispositional hearing

when custody of the child has been removed from a parent, guardian, or custodian. G.S.

7B-906.1(a); see S.L. 2021-132, sec. 1.(h). This time period is faster than but complies

with the time requirement in ASFA. (Note that prior to the 2021 amendment to G.S. 7B-

906.1(a), the timeline for the first permanency planning hearing mirrored the ASFA

timeline.)

The concepts of permanence and timeliness for children received increased focus with the

enactment of ASFA, which led to the addition of references to the need for the child to

have a “safe, permanent home within a reasonable amount of time.” See, e.g., G.S. 7B-

100(5); 7B-101(18); 7B-906.1(d)(3), (g); 7B-906.2(d)(1). See Chapter 7.2.A (discussing

timing of dispositional hearings) and 7.8.D (discussing considerations for initiation of

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termination of parental rights).

• Promoted adoptions. ASFA provided incentive funds to states that increased adoptions.

It required states to document and report child-specific recruitment efforts for adoption.

States are prohibited from denying or delaying an approved adoptive placement because

of the geographic location of the prospective adoptive family.

7. John H. Chafee Foster Care Independence Act. In 1999, Congress enacted the John H.

Chafee Foster Care Independence Act, Pub. L. No. 106-169, 113 Stat. 1822. It has been

amended since its first enactment. The purpose of the Act is to help older children who age

out of foster care make the transition from foster care to self-sufficiency. It provides states

with more funding for an Independent Living Program for these young adults who are

participating in education, training, or services to obtain employment. The Act allows funds

to be used to pay for room and board for former foster youth who are 18 years old up to 21

years of age and provides states with the option to extend Medicaid coverage to 18- to 21-

year-old young adults who have been emancipated from foster care.

North Carolina has the NC LINKS program, a foster care independence program that focuses

on a youth’s successful transition from foster care to adulthood. Additionally, as of January

1, 2017, youth who have aged out of foster care may participate in Foster Care 18−21, which

is the state’s extended foster care program for eligible young adults. See G.S. 131D-10.2B;

7B-910.1; 108A-48. See also Chapter 8.3 (discussing Foster Care 18−21).

Resources: For more information about Foster Care 18−21, see

• DIV. OF SOC. SERVS., N.C. DEP’T OF HEALTH & HUMAN SERVICES, CHILD WELFARE

MANUAL ”Permanency Planning,” available here.

• Sara DePasquale, Foster Care Extended to Age 21, UNC SCH. OF GOV’T: ON THE CIVIL

SIDE BLOG (Jan. 11, 2017).

For more information about NC LINKS, see DIV. OF SOC. SERVS., N.C. DEP’T OF HEALTH &

HUMAN SERVICES, CHILD WELFARE MANUAL ”Permanency Planning,” available here.

8. Safe and Timely Interstate Placement of Foster Children Act. In 2006, the Safe and

Timely Interstate Placement of Foster Children Act, Pub. L. No. 109-239, 120 Stat. 508, was

enacted. The purpose of the Act was to improve protections for children and to hold states

accountable for the safe and timely placement of children across state lines. This Act, along

with other measures to expedite interstate placements, set out specific timelines for

completion and acceptance of home studies. The Act encouraged states to ratify the Interstate

Compact for the Placement of Children (ICPC). North Carolina adopted the ICPC in 1971; it

is currently codified at G.S. Chapter 7B, Article 38. Other sections of the Juvenile Code

specifically refer to the ICPC for out-of-state placements. G.S. 7B-505(d); 7B-506(h)(2); 7B-

903(a1). See Chapter 7.4.H for an explanation of interstate placements and the ICPC.

9. Fostering Connections to Success and Increasing Adoptions Act (Fostering Connections). In 2008, Congress passed the Fostering Connections to Success and Increasing Adoptions

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Act, Pub. L. No. 110-351, 122 Stat. 3949. It is codified in various sections of 42 U.S.C.

A main purpose of the Act was to connect and support relative caregivers. Among many

provisions, Fostering Connections promoted and supported funding and programs related to

kinship placements, guardianship, and adoptions of foster children; extended and increased

adoption incentives; expanded Title IV-E assistance to older youth in foster care and those

transitioning out of foster care; required transition plans before a foster child’s emancipation;

and required case plans that ensured educational stability of children in foster care.

• Kinship placements. Fostering Connections requires states to exercise due diligence to

identify and provide notice to the child’s grandparents and other adult relatives (with

exceptions for family or domestic violence) that the child is being or has been removed

from the parents. The notice must include options the relative has to participate in the

child’s care and placement, including services and support available to them if they

become a family foster home. The Juvenile Code requires the court to make an inquiry

into those efforts at continued nonsecure custody, pre-adjudication, and initial

dispositional hearings. G.S. 7B-506(h)(2); 7B-800.1(a)(4); 7B-901(b). Effective October

1, 2021, DSS must make efforts to contact relatives and other persons with legal custody

of the juvenile’s siblings within thirty days after the initial nonsecure custody order and

file information about those efforts with the court. G.S. 7B-505(b); see S.L. 2021-132,

sec. 1.(d). The court must order DSS to make diligent efforts and notify relatives of the

child’s placement in and hearings for nonsecure custody unless the notification would be

contrary to the child’s best interests. G.S. 7B-505(b). The Foster Care Children’s Bill of

Rights also incorporates this requirement of Fostering Connections. G.S. 131D-

10.1(a)(5).

See Chapters 5.6.E (discussing inquiry at nonsecure custody hearing); 5.5.C.3 (discussing

nonsecure custody placement); 7.8.A.1 (discussing inquiry at initial dispositional

hearing); and 7.4.C.1 (discussing out-of-home placement priority).

• Siblings. Fostering Connections requires that reasonable efforts be made to place siblings

who are removed from their home in the same placement, unless there is documentation

that a joint placement would be contrary to the safety or well-being of any of the siblings.

When a joint placement does not occur, frequent visitation or communication should

occur. Effective October 1, 2021, the Juvenile Code incorporates this provision for out-

of-home placements made at the nonsecure custody and dispositional stages. See G.S.

7B-505(a1); 7B-903.1(c1); S.L. 2021-100. Additionally, the Foster Care Children’s Bill

of Rights addresses this requirement. See G.S. 131D-10.1(a)(2), (10). Visitation generally

is codified at G.S. 7B-905.1.

• Educational stability. Fostering Connections requires that any child of compulsory

school age who is receiving federal foster care maintenance or adoption assistance

payments be a full-time student, unless the child has completed secondary school or is

incapable of attending school full-time because of a medical condition. A child’s case

plan must address the child’s educational stability by providing assurances that when

placing the child in out-of-home care, the appropriateness of the child’s current

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educational setting and the proximity of the placement to the child’s school were

considered. The child is to remain in that school unless it is not in the child’s best

interests. If the child is required to change schools, the child welfare agency and the

school district must assure the child’s immediate and appropriate enrollment. Payments to

cover the cost of a child’s reasonable travel to the school in which the child was enrolled

at the time of placement was added to “foster care maintenance payments.” Fostering

Connections applies to child welfare agencies. In 2015, Congress passed the Every

Student Succeeds Act (ESSA), which applies these provisions to educational agencies

effective December 10, 2016. See Chapter 13.7 (discussing ESSA).

The Juvenile Code does not specifically reference a child’s school enrollment or

attendance; however, the predisposition report provided by DSS to the court should

contain educational information. G.S. 7B-808(a). The court also considers whether it is in

the child’s best interests to remain in the child’s community of residence. G.S. 7B-

505(d); 7B-903(a1). The Foster Care Children’s Bill of Rights promotes allowing a child

to remain enrolled in the school they attended before being placed in foster care when

possible. G.S. 131D-10.1(a)(4).

Note that the Foster Care Children’s Bill of Rights sets forth the State’s policy regarding a

child’s placement in foster care but does not create any private cause of action for a violation

of its provisions. G.S. 131D-10.1.

Resources: For an explanation of the Act, federal guidance, tools and resources related to its provisions,

see

• “Fostering Connections to Success and Increasing Adoption Act of 2008” on the Child

Welfare Information Gateway website.

• CHILDREN’S BUREAU, U.S. DEP’T OF HEALTH & HUMAN SERVICES, Program Instruction

ACYF-CB-PI-08-05 (Oct. 23, 2008).

For an explanation of the Act’s connection to existing North Carolina social services policies

and procedures, see NC DHHS Division of Social Services Dear County Directors Letter,

CWS-02-09: New Federal Legislation – the Foster Connections to Success and Increasing

Adoptions Act of 2008 (March 17, 2009).

10. Preventing Sex Trafficking and Strengthening Families Act. In 2014, Congress enacted

the Preventing Sex Trafficking and Strengthening Families Act, Pub. L. No. 113-183, 128

Stat. 1919. It makes amendments to Titles IV-B and IV-E of the Social Security Act and is

codified in various sections of 42 U.S.C.

The Act has multiple purposes that include

• A focus on at-risk foster children who may become victims of sex trafficking. States are

required to provide training to caseworkers and develop policies and procedures that

identify, document, and determine appropriate services for any child involved in the child

welfare system who is believed to be or is at risk of being a sex trafficking victim; to

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notify law enforcement of instances of sex trafficking; and to locate and respond to

children who run away from foster care. The Division of Social Services created the

required policy, which can be found at DIV. OF SOC. SERVS., N.C. DEP’T OF HEALTH &

HUMAN SERVICES CHILD WELFARE MANUAL “Permanency Planning” and “Cross

Function,” available here.

Resources: For a further discussion of the law and North Carolina policy, see Sara DePasquale,

Children in Foster Care and Sex Trafficking: New NC Policy to Know About, UNC SCH.

OF GOV’T: ON THE CIVIL SIDE BLOG (Jan. 19, 2016).

For a discussion about identifying and responding to human trafficking involving children

and young adults, see Margaret Henderson, Sara DePasquale, Nancy Hagan, and Christy

Croft, Human Trafficking of Minors and Young Adults: What Local Governments Need to

Know (PUBLIC MANAGEMENT BULLETIN No. 2019/18 (UNC School of Government, Dec.

2019).

For more information about the Act, see “Implementing the Preventing Sex Trafficking

and Strengthening Families Act to Benefit Children and Youth” (Jan. 14, 2015), available

on The Children’s Defense Fund website.

• “Reasonable and prudent parenting standard”. States are required to implement a

“reasonable and prudent parent” standard that authorizes foster parents to make decisions

that allow children in foster care to engage in “age or developmentally appropriate”

activities and specifically references extracurricular and social activities including

sleepovers. North Carolina codified the federal definition of “reasonable and prudent

parent standard” and includes additional provisions regarding the standard in G.S. 131D-

10.2A. The Juvenile Code incorporates this provision in G.S. 7B-903.1(b). The NC

DHHS Division of Social Services addresses the reasonable and prudent parent standard

in DIV. OF SOC. SERVS., N.C. DEP’T OF HEALTH & HUMAN SERVICES CHILD WELFARE

MANUAL “Permanency Planning,” available here. See Chapter 7.4.D.4 (discussing the

reasonable and prudent parent standard).

• A focus on older youth. The Act requires that children in foster care who are 14 years old

and older participate in the development and revision of their case plans. The Act also

focuses on older youth transitioning out of foster care by limiting a permanent plan of

Another Planned Permanent Living Arrangement (APPLA) to 16- and 17-year-old

juveniles. It also requires that children who are aging out of foster care receive certain

documents that will help them transition to adulthood, including a certified copy of their

birth certificate, a social security card, health insurance information, medical records, and

a driver’s license or state ID. The Juvenile Code, at G.S. 7B-912, specifically addresses

these provisions. See Chapter 7.8.C.9 (discussing the requirements of G.S. 7B-912) and

7.10.B.6 (discussing APPLA).

• Contacting parents of siblings. The Act also expanded who must receive notice of the

child’s removal and opportunities for those persons to become a possible placement for

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the child to include parents with legal custody of the child’s siblings. North Carolina

included and expanded this requirement to “other persons with legal custody” of the

child’s sibling. See G.S. 7B-505(b); 7B-800.1(a)(4); 7B-901(b). See Chapters 5.6.E

(discussing inquiry at nonsecure custody hearing); 5.5.C.3 (discussing placement in

nonsecure custody); and 7.8.A.1 (discussing inquiry at initial dispositional hearing).

11. Justice for Victims of Trafficking Act.12 In 2015, Congress enacted the Justice for Victims

of Trafficking Act, Pub. L. 114-22, effective May 29, 2017. This Act amends CAPTA.

States are required to include procedures to

• identify and assess reports involving suspected child sex trafficking victims;

• provide training for child protective workers;

• make efforts to coordinate law enforcement, juvenile justice, and social services agencies

such as runaway and homeless shelters; and

• to the extent possible, collect and report the number of children who are victims of sex

trafficking to the National Child Abuse and Neglect Data System.

Amendments were also made to the Crime Control Act of 1990 to require notification to the

National Center for Missing and Exploited Children of each report of a child missing from

foster care, including providing a recent photo of the child (if available), and shortened the

time to verify and update records on missing children in state law enforcement systems and

the National Crime Information Center.

Effective October 1, 2018, North Carolina amended its definitions of “abused juveniles” and

“neglected juvenile” to include minor victims of human trafficking. G.S. 7B-101(1)(i),

(15)(i). Note that prior to the enactment of the federal law, North Carolina included in its

definition of “abused juvenile” a child whose parent, guardian, custodian, or caretaker

commits or allows to be committed an offense of human trafficking, involuntary servitude, or

sexual servitude against the child. G.S. 7B-101(1)(ii)g. The 2018 amendments expand the

former definition of “abused juveniles” by eliminating the condition that circumstances be

created by the juvenile’s parent, guardian, custodian, or caretaker. Effective October 1, 2021,

DSS must cooperate with local law enforcement and the district attorney to determine the

safest way, if possible, to provide notice to an alleged responsible individual who is not a

parent, guardian, custodian, or caretaker to the juvenile who is a minor victim of human

trafficking. See G.S. 7B-320(a1); S.L. 2021-132. See Chapter 5.2.B. for a discussion of the

Responsible Individuals List.

12. Family First Prevention Services Act (FFPSA). In 2018, the Family First Prevention

Services Act (FFPSA), Pub. L. No. 115-123, 132 Stat. 64, was enacted as Division E, Title

VII of the Bipartisan Budget Act of 2018. FFPSA amends various federal laws pertaining to

child welfare and is codified in various sections of 42 U.S.C. The stated purpose of the act is

to enable States to use Title IV-B and IV-E funding to provide enhanced support to children

12 Additional source for the content in this section is from the website for the Children’s Bureau, U.S. Department

of Health and Human Services, Information Memorandum ACYF-CB-IM-15-05 (July 16, 2015).

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and families and prevent foster care placements as well as limit payment for placements in

congregate care. Some of the FFPSA provisions include

• the expansion of the definition of family reunification services to include services

provided to the family after the child has been returned home for a period of fifteen

months;

• the optional use of funding for up to one year of prevention services related to mental

health and substance use issues and in-home parenting for parents and caregivers of

children who are a “candidate for foster care;”

• a limitation on payment for the placement of children in congregate care in a facility

that is not a licensed residential based treatment program to two weeks;

• mandatory criminal background and child abuse and neglect registry checks for any

adult working in a child care institution, group home, residential treatment center, or

other congregate care setting;

• and the implementation of an electronic interstate case processing system for

interstate placements.

North Carolina opted to delay implementation of the prevention and congregate care

provisions until September 2021 as permitted by the FFPSA. The provisions regarding

mandatory background checks for adults working in child care institutions were codified by

S.L. 2019-240, Part III-O, Section 25, which created G.S. 108A-133 and G.S. 143B-972,

effective November 6, 2019.

Resources: For information on the FFPSA implementation in North Carolina, see the “Family First

Prevention Services Act” on the NC DHHS website under “Divisions,” “Social Services,”

“Child Welfare Services.”

For more information about FFPSA, see “Family First Prevention Services Act” on the Child

Welfare Information Gateway, U.S. Department of Health and Human Services website.