State Codes and Statutes

Statutes > North-carolina > Chapter_131D > GS_131D-10_2

§ 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 whereit did not exist genetically.

(2)        "AdoptiveHome" means a family home approved by a child placing agency to accept achild for adoption.

(3)        "Child"means an individual less than 18 years of age, who has not been emancipatedunder the provisions of Article 35 of Chapter 7B of the General Statutes.

(4)        "Child PlacingAgency" means a person authorized by statute or license under this Articleto receive children for purposes of placement in residential group care, familyfoster homes or adoptive homes.

(5)        "Children'sCamp" means a residential child‑care facility which provides fostercare at either a permanent camp site or in a wilderness setting.

(6a)      "CriminalHistory" means a county, State, or federal conviction of a felony by acourt of competent jurisdiction or a pending felony indictment of a crime forchild abuse or neglect, spousal abuse, a crime against a child, including childpornography, or for a crime involving violence, including rape, sexual assault,or homicide, other than physical assault or battery; a county, State, orfederal conviction of a felony by a court of competent jurisdiction or apending felony indictment for physical assault, battery, or a drug‑relatedoffense, if the offense was committed within the past five years; or similarcrimes under federal law or under the laws of other states.

(7)        "Department"means the Department of Health and Human Services.

(8)        "Family FosterHome" means the private residence of one or more individuals whopermanently reside as members of the household and who provide continuing full‑timefoster care for a child or children who are placed there by a child placingagency or who provide continuing full‑time foster care for two or morechildren who are unrelated to the adult members of the household by blood,marriage, guardianship or adoption.

(9)        "FosterCare" means the continuing provision of the essentials of daily living ona 24‑hour basis for dependent, neglected, abused, abandoned, destitute,orphaned, undisciplined or delinquent children or other children who, due tosimilar problems of behavior or family conditions, are living apart from theirparents, relatives, or guardians in a family foster home or residential child‑carefacility. The essentials of daily living include but are not limited toshelter, meals, clothing, education, recreation, and individual attention andsupervision.

(9a)      "FosterParent" means any individual who is 18 years of age or older who islicensed by the State to provide foster care.

(10)      "Person"means an individual, partnership, joint‑stock company, trust, voluntaryassociation, corporation, agency, or other organization or enterprise doingbusiness in this State, whether or not for profit.

(11)      "PrimarilyEducational Institution" means any institution which operates one or morescholastic or vocational and technical education programs that can be offeredin satisfaction of compulsory school attendance laws, in which the primarypurpose of the housing and care of children is to meet their educational needs,provided such institution has complied with Article 39 of Chapter 115C of the GeneralStatutes.

(12)      "ProvisionalLicense" means a type of license granted by the Department to a person whois temporarily unable to comply with a rule or rules adopted under thisArticle.

(13)      "ResidentialChild‑Care Facility" means a staffed premise with paid or volunteerstaff where children receive continuing full‑time foster care.Residential child‑care facility includes child‑caring institutions,group homes, and children's camps which provide foster care.

(14)      "TherapeuticFoster Home" means a family foster home where, in addition to theprovision of foster care, foster parents who receive appropriate trainingprovide a child with behavioral health treatment services under the supervisionof a county department of social services, an area mental health program, or alicensed private agency and in compliance with licensing rules adopted by theCommission. (1983,c. 637, s. 2; 1993, c. 180, s. 5; 1995, c. 507, s. 23.26(a); 1997‑140, s.1; 1997‑443, s. 11A.118(a); 1998‑202, s. 13(hh); 2001‑487, s.84(b); 2007‑276, s. 11.)

State Codes and Statutes

Statutes > North-carolina > Chapter_131D > GS_131D-10_2

§ 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 whereit did not exist genetically.

(2)        "AdoptiveHome" means a family home approved by a child placing agency to accept achild for adoption.

(3)        "Child"means an individual less than 18 years of age, who has not been emancipatedunder the provisions of Article 35 of Chapter 7B of the General Statutes.

(4)        "Child PlacingAgency" means a person authorized by statute or license under this Articleto receive children for purposes of placement in residential group care, familyfoster homes or adoptive homes.

(5)        "Children'sCamp" means a residential child‑care facility which provides fostercare at either a permanent camp site or in a wilderness setting.

(6a)      "CriminalHistory" means a county, State, or federal conviction of a felony by acourt of competent jurisdiction or a pending felony indictment of a crime forchild abuse or neglect, spousal abuse, a crime against a child, including childpornography, or for a crime involving violence, including rape, sexual assault,or homicide, other than physical assault or battery; a county, State, orfederal conviction of a felony by a court of competent jurisdiction or apending felony indictment for physical assault, battery, or a drug‑relatedoffense, if the offense was committed within the past five years; or similarcrimes under federal law or under the laws of other states.

(7)        "Department"means the Department of Health and Human Services.

(8)        "Family FosterHome" means the private residence of one or more individuals whopermanently reside as members of the household and who provide continuing full‑timefoster care for a child or children who are placed there by a child placingagency or who provide continuing full‑time foster care for two or morechildren who are unrelated to the adult members of the household by blood,marriage, guardianship or adoption.

(9)        "FosterCare" means the continuing provision of the essentials of daily living ona 24‑hour basis for dependent, neglected, abused, abandoned, destitute,orphaned, undisciplined or delinquent children or other children who, due tosimilar problems of behavior or family conditions, are living apart from theirparents, relatives, or guardians in a family foster home or residential child‑carefacility. The essentials of daily living include but are not limited toshelter, meals, clothing, education, recreation, and individual attention andsupervision.

(9a)      "FosterParent" means any individual who is 18 years of age or older who islicensed by the State to provide foster care.

(10)      "Person"means an individual, partnership, joint‑stock company, trust, voluntaryassociation, corporation, agency, or other organization or enterprise doingbusiness in this State, whether or not for profit.

(11)      "PrimarilyEducational Institution" means any institution which operates one or morescholastic or vocational and technical education programs that can be offeredin satisfaction of compulsory school attendance laws, in which the primarypurpose of the housing and care of children is to meet their educational needs,provided such institution has complied with Article 39 of Chapter 115C of the GeneralStatutes.

(12)      "ProvisionalLicense" means a type of license granted by the Department to a person whois temporarily unable to comply with a rule or rules adopted under thisArticle.

(13)      "ResidentialChild‑Care Facility" means a staffed premise with paid or volunteerstaff where children receive continuing full‑time foster care.Residential child‑care facility includes child‑caring institutions,group homes, and children's camps which provide foster care.

(14)      "TherapeuticFoster Home" means a family foster home where, in addition to theprovision of foster care, foster parents who receive appropriate trainingprovide a child with behavioral health treatment services under the supervisionof a county department of social services, an area mental health program, or alicensed private agency and in compliance with licensing rules adopted by theCommission. (1983,c. 637, s. 2; 1993, c. 180, s. 5; 1995, c. 507, s. 23.26(a); 1997‑140, s.1; 1997‑443, s. 11A.118(a); 1998‑202, s. 13(hh); 2001‑487, s.84(b); 2007‑276, s. 11.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131D > GS_131D-10_2

§ 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 whereit did not exist genetically.

(2)        "AdoptiveHome" means a family home approved by a child placing agency to accept achild for adoption.

(3)        "Child"means an individual less than 18 years of age, who has not been emancipatedunder the provisions of Article 35 of Chapter 7B of the General Statutes.

(4)        "Child PlacingAgency" means a person authorized by statute or license under this Articleto receive children for purposes of placement in residential group care, familyfoster homes or adoptive homes.

(5)        "Children'sCamp" means a residential child‑care facility which provides fostercare at either a permanent camp site or in a wilderness setting.

(6a)      "CriminalHistory" means a county, State, or federal conviction of a felony by acourt of competent jurisdiction or a pending felony indictment of a crime forchild abuse or neglect, spousal abuse, a crime against a child, including childpornography, or for a crime involving violence, including rape, sexual assault,or homicide, other than physical assault or battery; a county, State, orfederal conviction of a felony by a court of competent jurisdiction or apending felony indictment for physical assault, battery, or a drug‑relatedoffense, if the offense was committed within the past five years; or similarcrimes under federal law or under the laws of other states.

(7)        "Department"means the Department of Health and Human Services.

(8)        "Family FosterHome" means the private residence of one or more individuals whopermanently reside as members of the household and who provide continuing full‑timefoster care for a child or children who are placed there by a child placingagency or who provide continuing full‑time foster care for two or morechildren who are unrelated to the adult members of the household by blood,marriage, guardianship or adoption.

(9)        "FosterCare" means the continuing provision of the essentials of daily living ona 24‑hour basis for dependent, neglected, abused, abandoned, destitute,orphaned, undisciplined or delinquent children or other children who, due tosimilar problems of behavior or family conditions, are living apart from theirparents, relatives, or guardians in a family foster home or residential child‑carefacility. The essentials of daily living include but are not limited toshelter, meals, clothing, education, recreation, and individual attention andsupervision.

(9a)      "FosterParent" means any individual who is 18 years of age or older who islicensed by the State to provide foster care.

(10)      "Person"means an individual, partnership, joint‑stock company, trust, voluntaryassociation, corporation, agency, or other organization or enterprise doingbusiness in this State, whether or not for profit.

(11)      "PrimarilyEducational Institution" means any institution which operates one or morescholastic or vocational and technical education programs that can be offeredin satisfaction of compulsory school attendance laws, in which the primarypurpose of the housing and care of children is to meet their educational needs,provided such institution has complied with Article 39 of Chapter 115C of the GeneralStatutes.

(12)      "ProvisionalLicense" means a type of license granted by the Department to a person whois temporarily unable to comply with a rule or rules adopted under thisArticle.

(13)      "ResidentialChild‑Care Facility" means a staffed premise with paid or volunteerstaff where children receive continuing full‑time foster care.Residential child‑care facility includes child‑caring institutions,group homes, and children's camps which provide foster care.

(14)      "TherapeuticFoster Home" means a family foster home where, in addition to theprovision of foster care, foster parents who receive appropriate trainingprovide a child with behavioral health treatment services under the supervisionof a county department of social services, an area mental health program, or alicensed private agency and in compliance with licensing rules adopted by theCommission. (1983,c. 637, s. 2; 1993, c. 180, s. 5; 1995, c. 507, s. 23.26(a); 1997‑140, s.1; 1997‑443, s. 11A.118(a); 1998‑202, s. 13(hh); 2001‑487, s.84(b); 2007‑276, s. 11.)