N.C. Gen. Stat. § 143B-150.5

History

(1991, c. 743, s. 1; 1997-443, s. 11A.118(a); 2000-137, s. 4(z); 2001-424, s. 21.50(f); 2019-81, s. 15(a).)

Statewide Implementation of Intensive Family Preservation Services Program. - Session Laws 2009-451, s. 10.44, provides: "(a) Notwithstanding the provisions of G.S. 143B-150.6, the Intensive Family Preservation Services (IFPS) Program shall provide intensive services to children and families in cases of abuse, neglect, and dependency where a child is at imminent risk of removal from the home and to children and families in cases of abuse where a child is not at imminent risk of removal. The Program shall be developed and implemented statewide on a regional basis. The IFPS shall ensure the application of standardized assessment criteria for determining imminent risk and clear criteria for determining out-of-home placement.

"(b) The Department of Health and Human Services shall require that any program or entity that receives State, federal, or other funding for the purpose of Intensive Family Preservation Services shall provide information and data that allows for:

"(1) An established follow-up system with a minimum of six months of follow-up services.

"(2) Detailed information on the specific interventions applied, including utilization indicators and performance measurement.

"(3) Cost-benefit data.

"(4) Data on long-term benefits associated with Intensive Family Preservation Services. This data shall be obtained by tracking families through the intervention process.

"(5) The number of families remaining intact and the associated interventions while in IFPS and 12 months thereafter.

"(6) The number and percentage by race of children who received Intensive Family Preservation Services compared to the ratio of their distribution in the general population involved with Child Protective Services.

"(c) The Department shall establish performance-based funding protocol and shall only provide funding to those programs and entities providing the required information specified in subsection (b) of this section. The amount of funding shall be based on the individual performance of each program."

For prior similar provisions, see Session Laws 2001-424, s. 21.50(a)-(e), Session Laws 2003-284, s. 10.48(a)-(e), and Session Laws 2007-323, s. 10.33(a)-(d).

Child Protective Services Improvement Initiative. - Session Laws 2014-100, s. 12C.1(a)-(g), provides: "(a) Findings and Intent. - The General Assembly makes the following findings:

"(1) Child Protective Services' policy from the Department of Health and Human Services, Division of Social Services, recommends that the average child protective services caseload be no greater than 10 families at any time for workers performing child protective services assessments and 10 families at any time for staff providing in-home services. However, data suggests that in 43 of the counties in this State, 21 have a caseload size of more than 15 cases per worker; and further, in nine of those 21 counties, there is an average caseload size of more than 20 cases per worker.

"(2) During the 2013-2014 fiscal year, county departments of social services lost federal funding for child protective services under the Temporary Assistance for Needy Families (TANF) Block Grant and Title IV-E funding. However, the number of Child Protective Services investigations has grown by twenty percent (20%) from fiscal year 2002 to fiscal year 2012.

"(3) There is no current, statewide data available on the performance of county departments of social services regarding child protective services.

"(4) There exists the potential for a conflict of interest to arise when a county department of social services has been appointed as guardian for both (i) a child who is the subject of a report of abuse, neglect, or dependency that would be investigated by Child Protective Services and (ii) for the parent or legal guardian of the child.

"It is the intent of the General Assembly to (i) reduce caseload size for Child Protective Services' workers to the recommended standard, (ii) provide adequate resources for county departments of social services to provide child protective services for abused, neglected, and dependent children, (iii) provide for a comprehensive evaluation of various functions and funding regarding child protective services, and (iv) study ways to reduce conflicts of interest regarding guardianship and child protective services. To that end, the General Assembly supports the initiatives and the allocation of funds for child welfare services as described in this section.

"(b) Funds for Child Protective Services. - Of the funds appropriated in this act to the Department of Health and Human Services, Division of Social Services, the sum of seven million three hundred sixty-nine thousand nine hundred seventy dollars ($7,369,970) shall be allocated to county departments of social services. Four million five hundred thousand dollars ($4,500,000) of those funds shall be used to replace federal funds counties lost during the 2013-2014 fiscal year previously used to pay for child protective services' workers. Beginning October 1, 2014, the remaining two million eight hundred sixty-nine thousand nine hundred seventy dollars ($2,869,970) shall be used to provide additional funding for child protective services' workers to reduce caseloads to an average of 10 families per worker.

"(c) Funds for In-Home Services. - Of the funds appropriated in this act to the Department of Health and Human Services, Division of Social Services, the sum of four million five hundred thousand dollars ($4,500,000) shall be allocated for child welfare in-home services to provide and coordinate interventions and services that focus on child safety and protection, family preservation, and the prevention of further abuse or neglect.

"(d) Funds for Oversight of Child Welfare Services. - Of the funds appropriated in this act to the Department of Health and Human Services, Division of Social Services, the sum of seven hundred fifty thousand dollars ($750,000) shall be allocated to fund nine positions to the Division to enhance oversight of child welfare services in county departments of social services. These positions shall be used to monitor, train, and provide technical assistance to the county departments of social services to ensure children and families are provided services that address the safety, permanency, and well-being of children served by child welfare services.

"(e) Pilot Program. - Of the funds appropriated in this act to the Department of Health and Human Services, Division of Social Services, the sum of three hundred thousand dollars ($300,000) shall be used to establish and implement a child protective services pilot program. The funds shall be used to enhance coordination of services and information among county departments of social services, local law enforcement agencies, the court system, guardian ad litem programs, and other agencies as deemed appropriate by the Department. The Department shall determine the number of sites that may participate in the pilot program and include regions that are geographically diverse.

"The Division shall coordinate with the Government Data Analytics Center (GDAC) in developing the pilot program and commence the pilot program by December 1, 2014. The Division shall provide a progress report on the pilot program to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division no later than March 1, 2015. The Division shall make a final report of its findings and recommendations on the pilot program to the Joint Legislative Oversight Committee on Health and Human Services no later than March 1, 2016.

"(f) Statewide Evaluation. - Of the funds appropriated in this act to the Department of Health and Human Services, Division of Social Services, the sum of seven hundred thousand dollars ($700,000) shall be used to provide for a comprehensive, statewide evaluation of the State's child protective services system. The Division of Social Services shall contract for an independent evaluation of the system, which evaluation shall include developing recommendations on the following:

"(1) The performance of county departments of social services as related to child protective services.

"(2) Caseload sizes.

"(3) The administrative structure of the child protective services system in the State.

"(4) Adequacy of funding.

"(5) Child protective services' worker turnover.

"(6) Monitoring and oversight of county departments of social services.

"The Division shall report the findings and recommendations from the evaluation to the Joint Legislative Oversight Committee on Health and Human Services no later than January 1, 2016.

"(g) Study Conflicts of Interest/Public Guardianship and Child Protective Services. - The Department of Health and Human Services, Division of Social Services, shall study the issue of conflicts of interest in child welfare cases as related to public guardianship. In conducting the study, the Department shall consider the following regarding addressing potential conflicts of interest:

"(1) Creating internal firewalls to prevent information sharing and influence among staff members involved with the conflicting cases.

"(2) Creating a formal or an informal "buddy system" allowing a county with a conflict to refer a case to a neighboring county.

"(3) Referring the guardianship to a corporate guardian until the child welfare case is resolved.

"(4) Having the Department assume responsibility for either the guardianship or the child welfare case.

"(5) Recommending legislation to permit the clerk the option to appoint a public agency or official, other than the Director of Social Services, to serve as a disinterested public agent in exceptional circumstances only.

"(6) Any other issues specific to this matter the Department deems appropriate.

"The Division shall submit a final report of its findings and recommendations to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Fiscal Research Division no later than February 1, 2015."

Session Laws 2015-241, s. 12C.8, provides: "The Department of Health and Human Services, Division of Social Services, shall report on the findings and recommendations from the comprehensive, statewide evaluation of the State's child protective services system required by Section 12C.1(f) of S.L. 2014-100 to the Joint Legislative Oversight Committee on Health and Human Services on or before March 1, 2016."

Session Laws 2015-241, s. 12C.11(a), (b), provides: "(a) The Department of Health and Human Services, Division of Social Services, shall continue implementing the Child Protective Services Pilot Project established by Section 12C.1(e) of S.L. 2014-100. The Division shall continue to collaborate with the Government Data Analytics Center (GDAC) to enhance the Pilot Project by doing the following:

"(1) Developing a dashboard linking the family to the child.

"(2) Integrating additional Department of Health and Human Services and other State department data sources to build a more comprehensive view of the child and family, including (i) matching the child to the caretaker; (ii) linking child, family, and address information; and (iii) integrating Criminal Justice Law Enforcement Automated Data Services (CJLEADS) data to determine if the caretaker or someone living in the house is a sex offender or has a criminal history.

"(3) Developing a comprehensive profile of a child that includes demographic and caretaker information and indicators or flags of other services, including, but not limited to, prior assessments of the child, eligibility for food and nutrition programs, Medicaid, and subsidized child care.

"(b) The Division of Social Services shall interface the work product from the Child Protective Services Pilot Project with the statewide child welfare case management system operated by the Department of Health and Human Services by utilizing resources and subject matter expertise available through existing public-private partnerships within the GDAC for the purposes of analyzing risk and improving outcomes for children. The Division of Social Services shall submit its findings and recommendations in a final report on the Child Protective Services Pilot Project to the Joint Legislative Oversight Committee on Health and Human Services no later than March 1, 2016."