10A NCAC 70F .0202. RESPONSIBILITIES OF THE GOVERNING BODY

(a)  The governing body shall provide leadership for the agency and shall approve the agency's policies and programs.

(b)  The governing body shall employ an executive director who is located in the administrative office within the geographical boundaries of North Carolina and delegate responsibility to that person for the administration and operation of the agency, including the employment and discharge of all agency staff.

(c)  The governing body shall require the executive director provide a signed statement that the executive director has no criminal, social or medical history that would adversely affect his or her capacity to work with children and adults.  The governing body shall ensure that the criminal histories of an executive director are completed.  The governing body shall ensure that searches of the North Carolina Sex Offender and Public Protection Registry and the North Carolina Health Care Personnel Registry (pursuant to G.S. 131E-256) are completed.  The governing body shall submit authorization to the licensing authority to search the Responsible Individuals List as defined in 10A NCAC 70A .0102 to determine if the executive director has had child protective services involvement resulting in a substantiation of child abuse or serious neglect.  The employing agency shall make all determinations concerning an individual's fitness for employment based on the requirements of this Paragraph prior to employment.  The governing body shall require that the executive director provide a signed statement prior to employment that he or she has not abused or neglected a child or has been a respondent in a juvenile court proceeding that resulted in the removal of a child or has had child protective services involvement that resulted in the removal of a child.  The governing body shall require that the executive director provide a signed statement that he or she has not abused, neglected or exploited a disabled adult and that he or she has not been a domestic violence perpetrator.  Agencies or applicants that do not have a governing body shall provide this information directly to the licensing authority.

(d)  The executive director is not eligible for employment if he or she has been convicted of a felony involving: 

(1)           child abuse or neglect;

(2)           spouse abuse;

(3)           a crime against a child or children (including child pornography); or

(4)           a crime of rape, sexual assault, or homicide.

(e)  The executive director is not eligible for employment if within the last five years he or she has been convicted of a felony involving:

(1)           assault;

(2)           battery; or

(3)           a drug-related offense.

(f) The governing body shall annually evaluate the executive director's performance except a sole proprietor or partner is exempt from this Rule if he or she serves as executive director.

(g)  The governing body shall approve the annual budget of anticipated income and expenditures necessary to provide the services described in its statement of purpose.  Child-placing agencies and residential maternity homes receiving foster care payments or state maternity home funds shall submit an annual audit of their financial statements to the Department of Health and Human Services, Controller's Office, Rate Setting Branch in compliance with 10A NCAC 70D .0105(a)(5).

(h)  The governing body shall annually evaluate the agency's services.  This evaluation shall include the agency's interaction with other community agencies to serve its clients.

(i)  The governing body shall establish in writing confidentiality policies and procedures for control and access to and receipt, use, or release of information about its clients.

(j)  The governing body of child-placing agencies providing foster care services shall develop a written disaster plan that is provided to agency personnel and foster parents.  The disaster plan shall be prepared and updated at least annually. The governing body of residential maternity homes shall comply with 10A NCAC 70K .0315(g).

(k)  The governing body, in the event of the closing of the agency, shall develop a plan for the retention and storage of client records.  The specifics of this plan shall be submitted to the licensing authority before the actual closing of the agency.

 

History Note:        Authority G.S. 131D‑10.5; 131D-10.6; 131D-10.10; 143B‑153;

Eff. February 1, 1986;

Amended Eff. July 1, 1990;

Temporary Amendment Eff. February 1, 2002;

Amended Eff. June 1, 2010; November 1, 2009; October 1, 2008; July 18, 2002.