Minimum Standards of Care for children

Swain County Department of Social Services

Minimum Standards of Care

Related to NC General Statutes

Regarding Child Abuse, Neglect and Dependency

Minimum standards of care have been developed as a general guide to assist staff in evaluating safety and protection issues for children who receive services from our Children’s Services Unit. These standards are based on North Carolina General Statutes that define abuse, neglect, and dependency (GS 7B-101 (1) (13) (7)). If a family is providing minimum care for their children and there are no identifiable protection issues that can be specifically related to the General Statutes, this agency will not be involved with a family unless they voluntarily request services.

It must be acknowledged that in the majority of situations where minimum care is not being provided, protection issues will be identified and this agency will be involved with the family on a non-voluntary basis. However, it is reasonable to assume that due to the complex nature of some protective services issues, there may be exceptions to this rule.

Abuse, neglect, and dependency issues must be viewed within the context of total family dynamics and how parental behaviors and interactions impact on the safety of the child. In order to determine if minimum care is being provided, standards should not be considered in isolation, but in conjunction with each other. Therefore, in determining if a neglectful situation exists, a total assessment including issues of proper care, discipline, environment injurious, etc. will need to be evaluated.

It is important to recognize that decisions regarding abuse, neglect, and dependency are the responsibility of the Department of Social Services. Input from other agencies, professionals, and individuals is encouraged. DSS evaluates this information; makes a determination concerning minimum care; and relates the findings to the North Carolina General Statutes and State policy. After this information is collected and carefully assessed, an agency decision is made concerning the need for protection and intervention.

It is also important to understand that while DSS and Law Enforcement, at times, conduct joint investigations, the case decision made by DSS is not made in conjunction with any actions taken or not taken by Law Enforcement or the District Attorney's office. A decision that a child is or is not "in need of protection" is a separate issue from whether or not a parent or caretaker is charged with a crime. The need for protection and criminal charges are governed by different legal mandates.

While this material may be useful in better understanding "minimum care,” North Carolina General Statute 7B-302 states that "any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent shall report the case of that juvenile to the Department of Social Services in the county where the juvenile resides or is found."

I. NEGLECT:

G.S. 7B-101 (13)- "A Juvenile Who Does Not Receive Proper Care, Supervision, or Discipline from the Juvenile’s Parent, Guardian, Custodian, or Caretaker; or Who Has Been Abandoned; or Who Is Not Provided Necessary Medical Care; or Who is Not Provided Necessary Remedial Care; or Who Lives in an Environment Injurious to the Juvenile’s Welfare; or Who Has Been Placed for Care or Adoption in Violation of Law. In Determining Whether a Juvenile Is a Neglected Juvenile, it Is Relevant Whether That Juvenile Lives in a Home Where Another Juvenile Has Been Subjected to Abuse or Neglect by an Adult Who Regularly Lives in the Home.”

PROPER CARE (for medical neglect see pg. 5):

NUTRITION-Parent or caretaker provides or arranges for sufficient food for child so that growth and development are normal and diet prevents malnourishment, dehydration or any other condition requiring medical attention. There is no pattern of withholding food or water as a regular means of discipline.

CLOTHING-Parent or caretaker attempts to provide reasonably clean and serviceable clothing to protect child from the elements and health hazards.

HYGIENE-Child’s hygiene does not create a condition requiring medical attention or treatment for documented emotional problems. Parent or caretaker attempts to provide instruction on hygiene and to provide necessary items for hygiene (water, soap, etc.). Issues concerning head lice are not accepted as Child Protective Services reports. The presence of lice is a situation addressed by the Health Department.

CLOTHING- Poverty is not a reason to intervene; handled by parents, community agencies.

DIRTY HOME-Child's welfare must not be at substantial risk of harm; handled by family, community agencies, and landlords.

SHELTER – Parent or caretaker provides housing, emergency shelter or makes alternative arrangements if homeless. Parent or caretaker ensures child is safe and protected from the elements. (Will also consider allegations under Environment Injurious)

ELECTRICITY-Poverty is not a reason to intervene. Parent is providing minimally for child; handled by family, community agencies

EDUCATION-The school system is responsible for enforcing the Compulsory School Attendance Law. DSS intervention is possible, at the discretion of the director or his designee, after school efforts have proven ineffective to ensure child’s school attendance. This does not apply to children who willfully refuse to attend school despite efforts by their parent/caretaker.

PARENTING- Child continues to receive minimum levels of care despite physical, mental, emotional or behavioral problems of their parent or caretaker. If a parent or caretaker is unable to provide proper care for the child, parent or caretaker has made arrangements with a caretaker who is willing and able to provide proper care at least at a minimal level. The parent or caretaker continues to act in a parental role and provides support for the child or has made arrangements for the child to be legally secure with an alternate caretaker. Parents are willing to provide a home for their adolescent who refuses to return home. Parents have a responsibility to set limitations and rules for their adolescent that is not neglectful or abusive in nature. Therefore, the adolescent’s willingness to abide by parental rules may be a condition for the adolescent to return home.

II. PROPER SUPERVISION:

Children birth through age 5 are constantly supervised in the home and frequently supervised while outside in a safe play area.

Children ages 6—8 are not regularly left alone for more than a few minutes.

Children ages 9—10 are not regularly left alone no longer than one hour and are not responsible for supervising younger children.

Children ages 11—13 are not regularly left alone for more than eight to nine hours and are not left alone to supervise younger children for more than a few hours (one to three). The supervising child is responsible, mature, has access to emergency plans (neighbor, relative, parent, 911); can verbalize how to deal with an emergency; discuss child care for infants or young children (meals, rules, safety); can discuss what they would do if a stranger asked to come into the home; are not fearful of being alone; or overwhelmed by child care responsibilities.

At ages 14—17 children/youth can supervise other children if they are responsible, mature have access to emergency plans (neighbor, relative, parent, 911); can verbalize how to deal with an emergency; discuss child care for infants or young children (meals, rules, safety); can discuss what they would do if a stranger asked to come into the home; are not fearful of being alone; or overwhelmed by child care responsibilities. Some children in this age group should be able to stay by themselves for extended periods of time, be unsupervised or engage in social activities provided they are responsible, have access to an identified adult and do not become involved or are not involved in delinquent or undisciplined behaviors.

Parent or caretaker has taken appropriate actions to address delinquent and/or undisciplined behaviors but the child is refusing to cooperate with their efforts and the efforts of the agencies involved.

Children ten and above can usually supervise themselves outside but parent or caretaker is generally aware of their whereabouts.

Parent or caretaker obtains substitute child care providers who are responsible and provide proper care for the child. Parent or caretaker has a definite plan for duration of the substitute care, arranges for essential needs for the child, provides emergency contacts and if absence is to be extended, maintains contact with the child.

Parent or caretaker is aware of sibling children engaged in sexual activity and has taken protective measures.

Sexual exploration, sexual play, or sexual activity of the child is age-appropriate. (Age of consent in North Carolina is 16 years of age but does not pertain to adult relatives).

III. PROPER DISCIPLINE:

No corporal punishment is used on a child under the age of 3 or a child who is not mobile (this does not include an occasional "pop" to the buttocks or legs; popping the hands should be discouraged due to potential harm to bones/skin/veins.)

Parent or caretaker makes an effort to teach child consequences for unacceptable behavior.

If corporal punishment is used, it should not result in injury (i.e. cuts or extreme bruising lasting more than 24 hours from the time of the incident.)

Slapping a child is inappropriate and has been deemed by the district court system as unacceptable behavior.

IV. ABANDONED:

Parent or caretaker has been absent for an extended period (more than several days), but has made arrangements with a caretaker who is willing and able to provide care for the child in accordance with minimum standards. Plan is for a definite period of time. Parent has on-going contact with the child/caretaker and intends to resume care for child in the future.

V. NECESSARY MEDICAL CARE OR OTHER REMEDIAL CARE:

A. There is no pattern of failure to seek needed medical treatment or to obtain prescribed medication for life threatening condition or permanently impairing condition.

B. There is no pattern of failure to seek and follow through with needed remedial care (such as speech therapy, specialized services for the hearing and visually impaired).

Child is not a disabled infant with a life-threatening condition from whom appropriate nutrition, hydration or medication is being withheld except under very specific conditions (NCAC II .0303).

Parental behavior does not exacerbate or aggravate a life-threatening or permanently impairing condition.

Parent or caretaker is providing necessary medical, dental and mental health care.

Parent or caretaker has made appointments and ensured transportation for a teen-ager who is refusing to cooperate with mental health services.

After a qualified professional has determined a child’s need for physical or mental health services the parent or caretaker has attempted to secure and follow through with services (may be contingent on service availability and financial resources).

Special instructions under Medical or Other remedial

Issues concerning immunizations and head lice are not accepted as Child Protective Services reports by DSS. Immunizations are dealt with through the health department and school system and their legal resources. The presence of lice is a situation addressed by the Health Department and school nurse. The use of Ritalin or other psychostimulants is a parental choice. The discontinuation or decision not to place a child on these medications is not accepted as a CPS report except in cases where there is evidence of behavior that is life-threatening.

VI. ENVIRONMENT INJURIOUS:

A. PHYSICAL

There are no safety hazards present in house (exposed wiring, unsafe heating units, broken windows, fire hazards, rats, vermin, snakes);

House has not been condemned;

House does not have running water or electricity, but parent is able to provide "proper care" standards by other means;

There is adequate heat;

Child has safe sleeping area (not exposed to rats or the elements);

Housekeeping standards do not expose child to possible disease, infections, injuries or fire hazards. The home has working smoke detectors and any firearms/other weapons are properly secured.

B. PARENTAL

Child is not at risk of sexual abuse, physical abuse, or neglect due to a parent or caretaker's relationship with another individual or due to the parents or caretaker’s sexual abuse, physical abuse or neglect of another child.

Parent or caretaker has developed an identifiable protection plan as a result of third party abuse/neglect or risk of abuse/neglect.

Child has safe sleeping area (not at risk of sexual abuse and not exposed to sexual activity).

Child is not at risk of sexual abuse, physical abuse, or neglect due to the death of a sibling or neglect or abuse of a sibling.

Children under 12 are not allowed to use nor have access to guns or any dangerous weapons without adult supervision.

Child is not injured in a vehicular accident even though child was not wearing a seat belt or in a child restraint seat.

Parent or caretaker’s relationship with criminal elements has not placed child’s health or safety at risk.

VII. DOMESTIC VIOLENCE

Parent, caretaker or child has not been injured as a result of violence in the home.

Parent or caretaker has taken appropriate steps to protect self/child from the

batterer such as a restraining order, going to a safe house, etc.

Child has not called 911 for assistance due to violence in the home.

Child does not display extreme anxiety, depression, etc. due to violence in the home.

Parent or caretaker physically intervening with an out of control child does not

cause the child physical injury.

Child not present when parent or caretaker was involved in violent acts or activities.

VIII. SUBSTANCE ABUSE

Child receives adequate care from parent or caretaker despite substance abuse or misuse by their parent or caretaker.

Child does not have access to illegal substances or prescription medications.

Child receives adequate supervision despite substance abuse or misuse by their parent or caretaker.

Newborn does not display evidence of illegal drugs/ misuse of prescription drugs in his/her system or does not suffer from fetal alcohol syndrome.

Mother tests positive for illegal substances/excess of prescription medication or alcohol at the time of delivery

VIIII. ABUSE

G.S. 7B-101(1)- Any Juvenile less than 18 Years of Age Whose Parent, Guardian, Custodian, or Caretaker:

A. Inflicts or Allows to Be Inflicted upon the Juvenile a Serious Physical Injury by Other

than Accidental Means;

(1) Child's injuries can be documented as resulting from an accident;

(2) Child's injuries inflicted by someone other than a parent or caretaker and parent or

caretaker had no information to alert them to the potential harm.

B. Creates or Allows to Be Created a Substantial Risk of Serious Physical Injury to the

Juvenile by Other than Accidental Means;

(1) Child's injuries can be documented as being accidental;

(2) Injuries were inflicted by someone other than parent or caretaker and parent or

caretaker had no knowledge of potential harm;

(3) Child was in a situation where a risk of injury was present but the parent or

caretaker had no information that would have alerted them to the potential harm.

"Injuries inflicted" also include injuries that result from a situation created by an individual, i.e., locking in a closet, scalding or burning, starvation.

C. Uses or Allows to Be Used upon the Juvenile Cruel or Grossly Inappropriate

Procedures or Cruel or Grossly Inappropriate Devices to Modify Behavior;

(1) Child is not forced to ingest food or liquids for punishment;

(2) Child is not restrained with belts, ropes, etc.;

(3) Child is not locked in closets or small rooms;

(4) Child is not prevented from exercising normal bodily functions;

(5) Child is not disciplined for behavior beyond the child's control (bed-wetting,

disabilities, and handicaps);

(6) Child is not punished by withholding food or water for extended periods;

(7) Child is not prevented from sleeping as a means of punishment;

(8) Child is not forced to bathe in harmful solutions (Clorox, disinfectants, etc.).

D. Commits, Permits, or Encourages the Commission of a Violation of the Following

Laws By, With, or Upon the Juvenile:

First Degree Rape, as Provided in G.S.14-27.2; Second Degree Rape as Provided in

G.S.14-27.3; First Degree Sexual Offense, as Provided in G.S. 14-27.4; Second

Degree Sexual Offense, as Provided in G.S. 14-27.5; Sexual Act by a Custodian, as

Provided in G.S. 14-27.7; Crime Against Nature, as Provided in G.S. 14-177; Incest,

as Provided in G.S. 14-178 and 14-179; Preparation of Obscene Photographs, Slides

or Motion Pictures of the Juvenile, as Provided in G.S. 14-190.5; Employing or

Permitting the Juvenile to Assist in Violation of the Obscenity Laws as Provided in

G.S. 14-190.6; Dissemination of Obscene Material to the Juvenile as Provided in G.S.

14-190.7 and G.S. 14-190.8; Displaying or Disseminating Material Harmful to the

Juvenile as Provided in G.S. 14-190.14 and G.S. 14-190.15; First and Second

Degree Sexual Exploitation of the Juvenile as Provided in G.S. 14-190.16 and G.S.

14-190.17; Promoting the Prostitution of the Juvenile as Provided in G.S. 14-190.18;

and Taking Indecent Liberties with the Juvenile, as Provided in G.S. 14-202.1,

Regardless of Age of the Parties;

The only exceptions are as follows:

(1) Parent or caretaker has not violated any of the above laws;

(2) Non-offending parent or caretaker had no information that should have alerted them to the violation of the above laws by the offending parent or caretaker;

(3) Non-offending parent or caretaker takes all necessary steps to protect and support child upon learning of sexual abuse of child by parent or caretaker;

(4) Parent or caretaker of child, who has been sexually abused by a third party, had no information that should have alerted them to potential harm and in no way assisted, arranged or ignored the abuse.

(5) The age of consent is 16 years of age in North Carolina; this does not apply to adult relatives.)

E. Creates or Allows to Be Created Serious Emotional Damage to the Juvenile.

Serious Emotional Damage Is Evidenced by a Juvenile's Severe Anxiety,

Depression, Withdrawal or Aggressive Behavior Toward Himself or Others.

(1) Parent or caretaker's behaviors cannot be documented as having created or allowed to create severe anxiety, depression, withdrawal or aggressive behavior toward himself or others.

F. Encourages, Directs or Approves of Delinquent Acts Involving Moral Turpitude

Committed by the Juvenile.

(1) Parent or caretaker's involvement in extensive criminal activity, drug usage, violence, fraud, immoral behavior cannot be documented as having influenced the child to participate in the same activities;

(2) Parent or caretaker attempts to correct behavior or secure services for child who has become involved in acts involving moral turpitude.

The use of tobacco products by a child is not a report of moral turpitude. It is illegal for a child under 18 to purchase these products but it is not illegal for the child to use them. Other information concerning a child using tobacco products such as the child’s age, health, etc. would be taken into consideration in determining whether or not it is a child protective services matter.

X. DEPENDENCY

G.S. 7B-101 (7)-a Juvenile in Need of Assistance or Placement Because He Has No Parent, Guardian, or Custodian Responsible for the Juvenile's Care or Supervision or Whose Parent, Guardian, or Custodian Is Unable to Provide for the Care or Supervision and Lacks an Appropriate Alternative Child Care Arrangement.

Parent or caretaker is deceased or unknown.

Parent or caretaker is physically unavailable to provide care due to being in another state (or possibly another county), whereabouts unknown, hospitalized, or incarcerated. Plans for care of child are unknown, unclear, or unsafe and as a result, child is at risk of being neglected or abused if services are not provided;

Parent or Caretaker’s severe and persistent physical or mental disability has placed the child at risk of being abused and/or neglected if services are not provided.

Definition of a Caretaker

G.S. 7B-101 (2) Any person other than a parent, guardian or custodian who has responsibility for the health and welfare of a juvenile in a residential setting. A person responsible for a juvenile's health and welfare means a stepparent, foster parent, adult member of the juvenile's household, an adult relative entrusted with the juvenile's care, or any person such as a house parent, or cottage parent who has primary responsibility for supervising a juvenile's health and welfare in a residential child care facility or residential educational facility. Caretaker also means any person who has the responsibility for the care of a juvenile in a child day care home or child day care facility and includes any person who has the approval of the care provider to assume responsibility for the juveniles under the care of the care provider.