Chapter 110 Child Welfare
Article 1 - Child Labor Regulations.
Article 1A - Exhibition of Children.
Article 2 - Juvenile Services.
- § 110-21 Repealed by Session Laws 1973, c. 1339, s. 2
- § 110-21.1 Repealed by Session Laws 1969, c. 911, s. 1
- § 110-22 Repealed by Session Laws 1979, c. 815, s. 2
- § 110-22.1 Repealed by Session Laws 1969, c. 911, s. 1
- § 110-23 Repealed by Session Laws 1998-202, s. 1(a)
- § 110-23.1 Repealed by Session Laws 1979, c. 815, s. 2
- § 110-24 Repealed by Session Laws 1979, c. 815, s. 2
- § 110-25 Repealed by Session Laws 1969, c. 911, s. 1
- § 110-25.1 Transferred to § 130-58.1 by Session Laws 1969, c. 911, s. 3
- § 110-26 through 110-38 Repealed by Session Laws 1969, c. 911, s. 1
- § 110-40 through 110-44 Repealed by Session Laws 1969, c. 911, s. 1
Article 2A - Parental Control of Children.
Article 3 - Control over Child-Caring Facilities.
- § 110-45 Institution has authority of parent or guardian
Every indigent child which may be placed in any orphanage, children's home, or child‑placing institution in this State, which shall be an institution existing under...
- § 110-46 Regulations of institution not abrogated
Nothing in this Article shall be construed in any way to abrogate any of the rules and regulations of such institutions insofar as the rules...
- § 110-47 Enticing a child from institution
It is unlawful for any person to entice or attempt to entice, persuade, harbor, or conceal, or in any manner induce any indigent child to...
- § 110-48 Violation a misdemeanor
Any person violating any of the provisions of G.S. 110‑45, 110‑46 and 110‑47 shall be guilty of a Class 1 misdemeanor. (1917, c. 133, s....
- § 110-49 Repealed by Session Laws 1983, c. 637, s. 3
Article 4 - Placing or Adoption of Juvenile Delinquents or Dependents.
Article 4A - Interstate Compact on the Placement of Children.
Article 5 - Interstate Compact on Juveniles.
Article 5A - Interstate Parole and Probation Hearing Procedures for Juveniles.
Article 6 - Governor's Advocacy Council on Children and Youth.
Article 7 - Child Care Facilities.
- § 110-85 Legislative intent and purpose
Recognizing the importance of the early years of life to a child's development, the General Assembly hereby declares its intent with respect to the early...
- § 110-86 Definitions
Unless the context or subject matter otherwise requires, the terms or phrases used in this Article shall be defined as follows: (1) Commission. The Child...
- § 110-87 Repealed by Session Laws 1975, c. 879, s. 15
- § 110-88 Powers and duties of the Commission
The Commission shall have the following powers and duties: (1) To develop policies and procedures for the issuance of a license to any child care...
- § 110-88.1 Commission may not interfere with religious training offered in religious-sponsored child care facilities
Nothing in this Article shall be interpreted to allow the State to determine the training or curriculum offered in any religious‑sponsored child care facility as...
- § 110-89 Repealed by Session Laws 1975, c. 879, s. 15
- § 110-90 Powers and duties of Secretary of Health and Human Services
The Secretary shall have the following powers and duties under the policies and rules of the Commission: (1) To administer the licensing program for child...
- § 110-90.1 Repealed by Session Laws 1997-506, s. 6
- § 110-90.2 Mandatory child care providers' criminal history checks
(a) For purposes of this section: (1) "Child care", notwithstanding the definition in G.S. 110‑86, means any child care provided in child care facilities required...
- § 110-91 Mandatory standards for a license
All child care facilities shall comply with all State laws and federal laws and local ordinances that pertain to child health, safety, and welfare. Except...
- § 110-92 Duties of State and local agencies
When requested by an operator of a child care center or by the Secretary, it shall be the duty of local and district health departments...
- § 110-93 Application for a license
(a) Each person who seeks to operate a child care facility shall apply to the Department for a license. The application shall be in the...
- § 110-93.1 Repealed by Session Laws 2006-66, s. 10.2(a), (b), effective July 1, 2006
- § 110-94 Administrative Procedure Act
The provisions of Chapter 150B of the General Statutes shall be applicable to the Commission, to the rules the Commission adopts, and to child care...
- § 110-95 through 110-97 Repealed by Session Laws 1977, c. 929, s. 1
- § 110-98 Mandatory compliance
It shall be unlawful for any person to: (1) Offer or provide child care without complying with the provisions of this Article; or (2) Advertise...
- § 110-98.1 Prima facie evidence of existence of child care
A child care arrangement providing child care for more than two children for more than four hours per day on two or more consecutive days...
- § 110-99 Possession and display of license
(a) It shall be unlawful for a child care facility to operate without a current license authorized for issuance under G.S. 110‑88. (a1) Each child...
- § 110-100 Repealed by Session Laws 1997-506, s. 15
- § 110-101 Repealed by Session Laws 1997-506, s. 16
- § 110-101.1 Corporal punishment banned in certain "nonlicensed" homes
The use of corporal punishment as a form of discipline is prohibited in those child care homes that are not required to be licensed under...
- § 110-102 Information for parents
The Secretary shall provide to each operator of a child care facility a summary of this Article for the parents, guardian, or full‑time custodian of...
- § 110-102.1 Reporting of missing or deceased children
(a) Operators and staff, as defined in G.S. 110‑86(7), and G.S. 110‑91(8), or any adult present with the approval of the care provider in a...
- § 110-102.1A Unauthorized administration of medication
(a) It is unlawful for an employee, owner, household member, volunteer, or operator of a licensed or unlicensed child care facility as defined in G.S....
- § 110-102.2 Administrative penalties
For failure to comply with this Article, the Secretary may: (1) Issue a written warning and a request for compliance; (2) Issue an official written...
- § 110-103 Criminal penalty
(a) Any person who violates the provisions of G.S. 110‑98 shall be guilty of a Class 1 misdemeanor. Violations of G.S. 110‑98(2), 110‑99(b), 110‑99(c), and...
- § 110-103.1 Civil penalty
(a) A civil penalty may be levied against any operator of any child care facility who violates any provision of this Article. The penalty shall...
- § 110-104 Injunctive relief
The Secretary or the Secretary's designee may seek injunctive relief in the district court of the county in which a child care facility is located...
- § 110-105 Authority to inspect facilities
(a) The Commission shall adopt standards and rules under this subsection which provide for the following types of inspections: (1) An initial licensing inspection, which...
- § 110-105.1 Repealed by Session Laws 1997-506, s. 24
- § 110-105.2 Abuse and neglect violations
(a) For purposes of this Article, child abuse and neglect, as defined in G.S. 7B‑101 and in G.S. 14‑318.2 and G.S. 14‑318.4, occurring in child...
- § 110-106 Religious sponsored child care facilities
(a) The term "religious sponsored child care facility" as used in this section shall include any child care facility or summer day camp operated by...
- § 110-106.1 Repealed by Session Laws 1997-506, s. 27
- § 110-107 Fraudulent misrepresentation
(a) A person, whether a provider or recipient of child care subsidies or someone claiming to be a provider or recipient of child care subsidies,...
- § 110-108 Repealed by Session Laws 2002-126, s. 10.58, effective July 1, 2002
- § 110-109 Repealed by Session Laws 2001-424, s. 21.73(a)
- § 110-110 through 110-114 Reserved for future codification purposes
Article 8 - Child Abuse and Neglect.
Article 9 - Child Support.
- § 110-128 Purposes
The purposes of this Article are to provide for the financial support of dependent children; to enforce spousal support when a child support order is...
- § 110-129 Definitions
As used in this Article: (1) "Court order" means any judgment or order of the courts of this State or of another state. (2) "Dependent...
- § 110-129.1 (See Editor's Note) Additional powers and duties of the Department
(a) In addition to other powers and duties conferred upon the Department of Health and Human Services, Child Support Enforcement Program, by this Chapter or...
- § 110-129.2 State Directory of New Hires established; employers required to report; civil penalties for noncompliance; definitions
(a) Directory Established. There is established the State Directory of New Hires. The Directory shall be developed and maintained by the Department. The Directory shall...
- § 110-130 Action by the designated representatives of the county commissioners
Any county interested in the paternity and/or support of a dependent child may institute civil or criminal proceedings against the responsible parent of the child,...
- § 110-130.1 Non-Work First services
(a) All child support collection and paternity determination services provided under this Article to recipients of public assistance shall be made available to any individual...
- § 110-130.2 Collection of spousal support
Spousal support shall be collected for a spouse or former spouse with whom the absent parent's child is living when a child support order is...
- § 110-131 Compelling disclosure of information respecting the nonsupporting responsible parent of a child receiving public assistance
(a) If a parent of any dependent child receiving public assistance fails or refuses to cooperate with the county in locating and securing support from...
- § 110-131.1 Notice; due process requirements met
In any child support enforcement proceeding the trial court may deem State due process requirements for notice and service of process to be met with...
- § 110-132 Affidavit of parentage and agreement to support
(a) In lieu of or in conclusion of any legal proceeding instituted to establish paternity, the written affidavits of parentage executed by the putative father...
- § 110-132.1 Paternity determination by another state entitled to full faith and credit
A paternity determination made by another state: (1) In accordance with the laws of that state, and (2) By any means that is recognized in...
- § 110-132.2 Expedited procedures to establish paternity in IV-D cases
(a) In a IV‑D court action, a local child support enforcement office may, without obtaining a court order, subpoena a minor child, the minor child's...
- § 110-133 Agreements of support
In lieu of or in conclusion of any legal proceeding instituted to obtain support from a responsible parent for a dependent child born of the...
- § 110-134 Filing of affidavits, agreements, and orders; fees
All affidavits, agreements, and resulting orders entered into under the provisions of G.S. 110‑132 and G.S. 110‑133 shall be filed by the clerk of superior...
- § 110-135 Debt to State created
Acceptance of public assistance by or on behalf of a dependent child creates a debt, in the amount of public assistance paid, due and owing...
- § 110-136 Garnishment for enforcement of child-support obligation
(a) Notwithstanding any other provision of the law, in any case in which a responsible parent is under a court order or has entered into...
- § 110-136.1 Assignment of wages for child support
Pursuant to G.S. 50‑13.4(f)(1), the court may require the responsible parent to execute an assignment of wages, salary, or other income due or to become...
- § 110-136.2 Use of unemployment compensation benefits for child support
(a) A responsible parent may voluntarily assign unemployment compensation benefits to a child support agency to satisfy a child support obligation or a child support...
- § 110-136.3 Income withholding procedures; applicability
(a) Required Contents of Support Orders. All child support orders, civil or criminal, entered or modified in the State in IV‑D cases shall include a...
- § 110-136.4 Implementation of withholding in IV-D cases
(a) Withholding based on arrearages or obligor's request. (1) Advance notice of withholding. When an obligor in a IV‑D case becomes subject to income withholding,...
- § 110-136.5 Implementation of withholding in non-IV-D cases
(a) Withholding based on delinquent or erratic payments. Notwithstanding any other provision of law, when an obligor is delinquent in making child support payments or...
- § 110-136.6 Amount to be withheld
(a) Computation of amount. When income withholding is implemented pursuant to this Article, the amount to be withheld shall include: (1) An amount sufficient to...
- § 110-136.7 Multiple withholding
When an obligor is subject to more than one withholding for child support, withholding for current child support shall have priority over past‑due support. Where...
- § 110-136.8 Notice to payor; payor's responsibilities
(a) Contents of notice. Notice to a payor of his obligation to withhold shall include information regarding the payor's rights and responsibilities, the amount of...
- § 110-136.9 Payment of withheld funds
In all cases, the State Child Support Collection and Disbursement Unit shall distribute payments received from payors to the appropriate recipient. (1985 (Reg. Sess., 1986),...
- § 110-136.10 Termination of withholding
A requirement that income be withheld for child support shall promptly terminate as to prospective payments when the payor receives notice from the court or...
- § 110-136.11 National Medical Support Notice required
(a) Notice Required. The National Medical Support Notice shall be used to notify employers and health insurers or health care plan administrators of an order...
- § 110-136.12 IV-D agency responsibilities
(a) Within five business days after the order for dependent health benefit plan coverage has been filed in a IV‑D case, the IV‑D agency shall...
- § 110-136.13 Employer responsibilities
(a) For purposes of this section, G.S. 110‑136.11, 110‑136.12, and 110‑136.14, the term "employer" means employer as is defined at 29 U.S.C. 203(d) in the...
- § 110-136.14 Health insurer or health care plan administrator responsibilities
(a) Upon receipt of the National Medical Support Notice from the employer, and within 40 business days after the date of the Notice, a health...
- § 110-137 Acceptance of public assistance constitutes assignment of support rights to the State or county
By accepting public assistance for or on behalf of a dependent child or children, the recipient shall be deemed to have made an assignment to...
- § 110-138 Duty of county to obtain support
Whenever a county department of social services receives an application for public assistance on behalf of a dependent child, and it shall appear to the...
- § 110-138.1 Duty of judicial officials to assist in obtaining support
Any party to whom child support has been ordered to be paid, and who has failed to receive the ordered support payments for two consecutive...
- § 110-139 Location of absent parents
(a) The Department of Health and Human Services shall attempt to locate absent parents for the purpose of establishing paternity of and/or securing support for...
- § 110-139.1 Access to federal parent locator service; parental kidnapping and child custody cases
(a) Except as otherwise provided in this section, the parent locator service of the Department of Health and Human Services shall transmit, upon payment of...
- § 110-139.2 Data match system; agreements with financial institutions
(a) The Department of Health and Human Services and financial institutions doing business in this State shall enter into mutual agreements for the purpose of...
- § 110-139.3 High-volume, automated administrative enforcement in interstate cases (AEI)
Upon request of another state, the Department of Health and Human Services shall use automated data processing to search State databases and determine if information...
- § 110-140 Conformity with federal requirements; restriction on options without federal funding
(a) Nothing in this Article is intended to conflict with any provision of federal law or to result in the loss of federal funds. (b)...
- § 110-141 Effectuation of intent of Article
The North Carolina Department of Health and Human Services shall supervise the administration of this program in accordance with federal law and shall cause the...
- § 110-142.2 Suspension, revocation, restriction of license to operate a motor vehicle or hunting, fishing, or trapping licenses; refusal of registration of motor vehicle
(a) Effective December 1, 1996, notwithstanding any other provision of law, when an individual is at least 90 days in arrears in making child support...
- § 110-143 through 110-146 Reserved for future codification purposes
Article 10 - Prevention of Child Abuse and Neglect.
