10A NCAC 70A .0110      ASSUMING TEMPORARY CUSTODY OF A CHILD

(a)  A county department of social services worker may take a child into temporary custody without a court order and provide personal care and supervision for up to 12 hours, provided:

(1)           the county director concludes that there are reasonable grounds for believing the child is abused, neglected, or dependent and that he would be injured or could not be taken into custody if it were first necessary to obtain a court order. The county director shall document in the protective services case record as soon as possible the following:

(A)          the grounds upon which the decision was made to take temporary custody without a court order; and

(B)          information specific to successful or unsuccessful attempts to notify the child's parents, guardian or custodian that the child has been taken into temporary custody and that the parent, guardian or custodian has a right to be present with the child pending a determination of the need for non‑secure custody.

(2)           the county director files a petition for an immediate non‑secure custody order unless he decides that temporary custody is no longer necessary and releases the child to his parents, guardian or custodian. To preserve a parent, guardian or custodian's right to due process, the county director shall not make an assessment case decision until after the court has adjudicated the petition.

(b)  A county director of social services shall file all petitions which allege that a child is abused, neglected or dependent except those petitions resulting from review by the prosecutor.

History Note:        Authority G.S. 7B-311; 7B- 403; 7B-404; 7B- 500; 7B-501; 143B-153;

Eff. January 1, 1980;

Amended Eff. May 1, 2006;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.