10A NCAC 70G .0402. DEFINITIONS

Except when the context of the Rule indicates that the term has a different meaning the following definitions shall apply to the rules in Subchapter 70G:

(1)           "Agency" means a child placing agency as defined in G.S. 131D-10.2 that is authorized by law to receive children for purposes of placement in foster homes or adoptive homes.

(2)           "Family Foster Home" has the meaning as defined in G.S. 131D-10.2(8). 

(3)           "Family Foster Care" means a planned, goal-directed service in which the temporary protection and care of children take place in a family foster home.  Family foster care is a child welfare service for children and their parents who must live apart from each other for a period of time due to abuse, neglect, dependency, or other circumstances necessitating out-of-home care. 

(4)           "Guardian" means an individual as defined in G.S. 7B-600 who is appointed by the court to serve as the guardian of the person for a juvenile.  The guardian shall have the care, custody, and control of the juvenile or may arrange a suitable placement for the juvenile and may represent the juvenile in legal actions before any court.  The guardian may consent to certain actions on the part of the juvenile in place of the parent including marriage, enlisting in the armed forces and enrollment in school.  The guardian may also consent to any necessary remedial, psychological, medical, or surgical treatment for the juvenile.  Guardian also means an individual appointed by the clerk of court in North Carolina to exercise all the powers conferred by G.S. 35A-1241, including a standby guardian appointed under Article 21A of Chapter 35A whose authority has actually commenced and also means an individual appointed in another jurisdiction according to the law of that jurisdiction who has the powers consistent with G.S. 35A-1241.

(5)           "Legal Custodian" means a person or agency that has been awarded legal custody of a juvenile by a court of competent jurisdiction.

(6)           "Licensing Authority" means the North Carolina Division of Social Services.

(7)           "Out-of-Home Family Services Agreement" is a Division of Social Services document required of all children in the custody of a county department of social services receiving family foster care services or therapeutic foster care services.  This agreement is used to define the primary permanency plan; to identify the family's strengths and needs; to set objectives and case activities to assist the family in resolving those issues that place the child at risk; to specify consequences if the plan does or does not succeed; and to establish the alternative permanency plan if the primary plan does not succeed.  The agreement must address the services to be provided or arranged; the visitation plan designed to maintain links with the family; expectations of the family, agency, placement provider and community members; target dates; and expected outcomes. 

(8)           "Owner" means any person who holds an ownership interest of five percent or more of the applicant.  A person includes a sole proprietor, co-owner, partner or shareholder, principal or affiliate, or any person who is the applicant or any owner of the applicant.

(9)           "Parent" means the birth parent or adoptive parent.

(10)         "Person-Centered Plan" is a Division of Mental Health, Developmental Disabilities and Substance Abuse Services document and must be completed on all children receiving therapeutic foster care services.  The person-centered plan is the umbrella under which all planning for treatment, services and supports occurs. Person-centered planning begins with the identification of the reason the individual/family is requesting assistance. It focuses on the identification of the individual's/family's needs and desired life outcomes--not just a request for a specific service. The plan captures all goals and objectives and outlines each team member's responsibilities within the plan.

(11)         "Supervising Agency" means a county department of social services or a private child- placing agency that is authorized by law to receive children for purposes of placement in foster homes or adoptive homes.  Supervising agencies are responsible for recruiting, training, and supporting foster parents.  Supervising agencies recommend the licensure of foster homes to the licensing authority. 

(12)         "Therapeutic Foster Care" means a foster home where the foster parent has received additional training in providing care to children with behavioral mental health or substance abuse problems. 

 

History Note:        Authority G.S 131D-10.1; 131D-10.3; 131D-10.5; 143B-153;

Eff. October 1, 2008.