(a)  The agency shall have written policies for all employees (full-time, part-time and contracted) which include the following:

(1)           written job descriptions and titles for each position defining the qualifications, duties, and lines of authority;

(2)           salary scales;

(3)           a description of employee benefits;

(4)           opportunities for professional growth through supervision, orientation, in-service training, and staff development;

(5)           procedures for annual evaluation of the work and performance of each staff member which includes provision for employee participation in the evaluation process;

(6)           a description of the termination procedures established for resignation, retirement, or discharge; and

(7)           a written grievance procedure for employees.

(b)  The agency shall have a personnel file for each employee (full-time, part-time, and contracted) which includes the following:

(1)           the application for employment, including record of work experience;

(2)           documentation of at least three references;

(3)           applicable professional credentials or certifications (prior to employment certified college transcripts shall be obtained for positions requiring college degrees);

(4)           signed statement indicating the employee's understanding of and willingness to comply with confidentiality requirements;

(5)           signed statement that the employee has no criminal, social, or medical history which would adversely affect the employee's capacity to work with children and adults;

(6)           criminal record checks certified by the Clerk of Superior Court;

(7)           results of the search of the North Carolina Sex Offender and Public Protection Registry;

(8)           results of the search of the North Carolina Health Care Personnel Registry (pursuant to G.S. 131E-256);

(9)           results of the Responsible Individuals List as defined in 10A NCAC 70A .0102 that indicate the employee has not had child protective services involvement resulting in a substantiation of child abuse or serious neglect;

(10)         signed statement that the applicant has not abused or neglected a child, has been a respondent in a juvenile court proceeding that resulted in the removal of a child, or had child protective services involvement that resulted in the removal of a child;

(11)         signed statement that the applicant has not abused, neglected, or exploited a disabled adult;

(12)         signed statement that the applicant has not been a domestic violence perpetrator;

(13)         log of training;

(14)         written approval letter from executive director or his or her designee authorizing staff to administer physical restraint holds, if applicable;

(15)         annual performance evaluations;

(16)         documentation of disciplinary actions;

(17)         documentation of grievances files;

(18)         employee's starting and termination dates; and

(19)         reason for termination.

(c)  The agency shall have written procedures which safeguard the confidentiality of the personnel records.


History Note:        Authority G.S. 131D-1; 131D-10.5; 131D-10.6; 143B-153;

Eff. February 1, 1986;

Amended Eff. November 1, 2009; October 1, 2008; July 1, 1990;

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