GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SESSION LAW 2009-188

HOUSE BILL 1271

AN ACT to clarify authority of the social services commission in setting qualifications for staff of residential child care agencies, residential maternity care agencies, and child placing agencies.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 131D-1 reads as rewritten:

"§ 131D-1.  Licensing of maternity homes.

(a)        The Department of Health and Human Services shall inspect and license all maternity homes established in the State under rules adopted by the Social Services Commission. The Commission shall adopt rules establishing educational requirements requirements, minimum age, relevant experience, and criminal record status for executive directors and staff employed in maternity homes.

(b)        Facilities subject to the provisions of this section shall include:

(1)        Institutions or homes maintained for the purpose of receiving pregnant women for care before, during, and after delivery, and

(2)        Institutions or lying-in homes maintained for the purpose of receiving pregnant women for care before and after delivery, when delivery takes place in a licensed hospital."

SECTION 2.  G.S. 131D-10.5 reads as rewritten:

"§ 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 consistent with the laws of this State and the laws and regulations of the federal government to implement the provisions and purposes of this Article;

(2)        Issue declaratory rulings as may be needed to implement the provisions and purposes of this Article;

(3)        Adopt rules governing procedures to appeal Department decisions pursuant to this Article granting, denying, suspending or revoking licenses;

(4)        Adopt criteria for waiver of licensing rules adopted pursuant to this Article;

(5)        Adopt rules on documenting the use of physical restraint in residential child-care facilities; and

(6)        Adopt rules establishing personnel and training requirements related to the use of physical restraints and time-out for staff employed in residential child-care facilities.facilities; and

(7)        Adopt rules establishing educational requirements requirements, minimum age, relevant experience, and criminal record status for executive directors and staff employed by child placing agencies and residential child care facilities."

SECTION 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 16^th day of June, 2009.

                                                                    s/  Marc Basnight

                                                                         President Pro Tempore of the Senate

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/  Beverly E. Perdue

                                                                         Governor

Approved 11:38 a.m. this 26^th day of June, 2009