North Carolina Statutes

Chapter 131D Inspection and Licensing of Facilities

Article 1 - Licensing of Facilities.

Article 1A - Control Over Child Placing and Child Care.

  • § 131D-10.1   Purpose
    It is the policy of this State to strengthen and preserve the family as a unit. When a child requires care outside the family unit,...
  • § 131D-10.2   Definitions
    For purposes of this Article, unless the context clearly implies otherwise: (1) "Adoption" means the act of creating a legal relationship between parent and child...
  • § 131D-10.3   Licensure required
    (a) No person shall operate, establish or provide foster care for children or receive and place children in residential care facilities, family foster homes, or...
  • § 131D-10.3A   Mandatory criminal checks
    (a) Effective January 1, 1996, in order to ensure the safety and well‑being of any child placed for foster care in a home, the Department...
  • § 131D-10.4   Exemptions
    This Article shall not apply to: (1) Any residential child‑care facility chartered by the laws of the State of North Carolina (or operating under charters...
  • § 131D-10.5   Powers and duties of the Commission
    In addition to other powers and duties prescribed by law, the Commission shall exercise the following powers and duties: (1) Adopt, amend and repeal rules...
  • § 131D-10.5A   Collection of data on use of restraints in residential child-care facilities
    A residential child‑care facility that employs physical restraint of a child shall collect data on the use of the restraint. The data shall reflect for...
  • § 131D-10.6   Powers and duties of the Department
    In addition to other powers and duties prescribed by law, the Department shall exercise the following powers and duties: (1) Investigate applicants for licensure to...
  • § 131D-10.6A   Training by the Division of Social Services required
    (a) The Division of Social Services, Department of Health and Human Services, shall require a minimum of 30 hours of preservice training for foster care...
  • § 131D-10.6B   Report of death
    (a) A facility licensed under this Article shall notify the Department immediately upon the death of any resident of the facility that occurs within seven...
  • § 131D-10.6C   Maintaining a register of applicants by the Division of Social Services
    (a) The Division of Social Services shall keep a register of all family foster and therapeutic foster home applicants. The register shall contain the following...
  • § 131D-10.7   Penalties
    Any person who establishes or provides foster care for children or who receives and places children in residential child‑care facilities, family foster homes or adoptive...
  • § 131D-10.8   Injunction
    (a) Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the name...
  • § 131D-10.9   Administrative and judicial review
    All procedures arising out of this Article, including all notification, hearing and appeal procedures, shall be governed by the appropriate provisions of Chapter 150B of...

Article 2 - Local Confinement Facilities.

  • § 131D-11   Inspection
    The Department of Health and Human Services shall, as authorized by G.S. 153‑51, inspect regularly all local confinement facilities as defined by G.S. 153‑50(4) to...
  • § 131D-12   Approval of new facilities
    The Department of Health and Human Services shall, as authorized by G.S. 153‑51, approve the plans for the construction or major modification of any local...
  • § 131D-13   Failure to provide information
    If the board of commissioners of any county, the chief of police of any municipality, or any officer or employee of any local confinement facility...
  • § 131D-14 through 131D-18   Reserved for future codification purposes

Article 3 - Adult Care Home Residents' Bill of Rights.

  • § 131D-19   Legislative intent
    It is the intent of the General Assembly to promote the interests and well‑being of the residents in adult care homes and assisted living residences...
  • § 131D-20   Definitions
    As used in this Article, the following terms have the meanings specified: (1) "Abuse" means the willful or grossly negligent infliction of physical pain, injury...
  • § 131D-21   Declaration of residents' rights
    Each facility shall treat its residents in accordance with the provisions of this Article. Every resident shall have the following rights: (1) To be treated...
  • § 131D-21.1   Peer review
    It is not a violation of G.S. 131D‑21(6) for medical records to be disclosed to a private peer review committee if: (1) The peer review...
  • § 131D-21.2   Quality assurance, medical, or peer review committees
    (a) A member of a duly appointed quality assurance, medical, or peer review committee shall not be subject to liability for damages in any civil...
  • § 131D-22   Transfer of management responsibilities
    Any representative authorized in writing by a resident to manage his financial affairs, any resident's legal guardian as appointed by a court, or any resident's...
  • § 131D-23   No waiver of rights
    No facility may require a resident to waive the rights specified in G.S. 131D‑21. (1981, c. 923, s. 1.)
  • § 131D-24   Notice to resident
    (a) A copy of the declaration of the residents' rights shall be posted conspicuously in a public place in all facilities. A copy of the...
  • § 131D-25   Implementation
    Responsibility for implementing the provisions of this Article shall rest with the administrator of the facility. Each facility shall provide appropriate training to staff to...
  • § 131D-26   Enforcement and investigation
    (a) The Department of Health and Human Services shall be responsible for the enforcement of the provisions of this Article. Specifically, the department of social...
  • § 131D-27   Confidentiality
    The Department of Health and Human Services is authorized to inspect residents' records maintained at the facility when necessary to investigate any alleged violation of...
  • § 131D-28   Civil action
    Every resident shall have the right to institute a civil action for injunctive relief to enforce the provisions of this Article. The Department of Health...
  • § 131D-29   Revocation of license
    The Department of Health and Human Services shall have the authority to revoke a license issued pursuant to G.S. 131D‑2 in any case where it...
  • § 131D-30   Repealed by Session Laws 1987, c. 600, s. 1
  • § 131D-31   Adult care home community advisory committees
    (a) Statement of Purpose. It is the intention of the General Assembly that community advisory committees work to maintain the intent of the Adult Care...
  • § 131D-32   Functions of adult care home community advisory committees
    (a) The committee shall serve as the nucleus for increased community involvement with adult care homes and their residents. (b) The committee shall promote community...
  • § 131D-33   Repealed by Session Laws 1983, c. 824, s. 19
  • § 131D-34   Penalties; remedies
    (a) Violations Classified. The Department of Health and Human Services shall impose an administrative penalty in accordance with provisions of this Article on any facility...
  • § 131D-34.1   Report of death of resident
    (a) An adult care home shall notify the Department of Health and Human Services immediately upon the death of any resident that occurs in the...

Article 4 - Temporary Management of Adult Care Homes.

Article 5 - Miscellaneous Provisions.

  • § 131D-40   Criminal history record checks required for certain applicants for employment
    (a) Requirement; Adult Care Home. An offer of employment by an adult care home licensed under this Chapter to an applicant to fill a position...
  • § 131D-41   Compliance history provider file
    The Department of Health and Human Services shall establish and maintain a provider file to record and monitor compliance histories of facilities, owners, operators, and...
  • § 131D-42   Report on use of restraint
    The Department shall report annually on October 1 to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services the following...