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Home Social Services – CLOSED DECEMBER 24TH, 25TH, 26TH

Social Services – CLOSED DECEMBER 24TH, 25TH, 26TH

Department of Social Services

80 Academy Street
Mailing Address:
PO Box 610
Bryson City, NC 28713

Bree Clawson, DSS Director
Phone: 828-488-6921
Fax: 828-488-8271
Email: SocialServices@swaincountync.gov 

Office Hours: 8 am – 5 pm, Monday – Friday

The Swain County DSS lobby is open to the public. Regular business hours of Monday-Friday, 8:00 a.m. through 5:00 p.m. After regular business hours please call (828) 488-2196 or (828) 488-21971 so we can assist you with your services, questions, or any issues that may arise. If it is after regular business hours and you need to make a report about the suspected child and/or adult abuse or neglect please call Swain Dispatch at (828) 488-9832, (828) 488-6021, or 911 and let dispatch know you need to speak to the social worker on call. Again, our general number is (828) 488-6921.

The Swain County Department of Social Services includes three services areas. Find detailed information about each services area here:

  1. Child and Family Services
  2. Adult Services
  3. Economic Services
  4. Low Income Home Energy Assistance Program Block Grant Plan
The Swain County Department of Social Services shall meet with clients at their point of need to provide preventive, supportive, and restorative services delivered with competence and compassion while striving to protect vulnerable children, aged, disabled, and poor in our community. These services will enhance skills, knowledge, encourage self-sufficiency, dignity, and independence. We will work to preserve the honor and privacy of all people and provide programs of human welfare with the goal of improving the quality of life for Swain County Citizens.

established by our staff, DSS board, and director

  • Children and families at risk of abuse, neglect, and poverty will live in safe, healthy, and stable environments.
  • Economically disadvantaged families will become self-determined and not remain dependent on public assistance.
  • Families experiencing economic hardship will obtain assistance.
  • Aging and disabled adults to be safe and remain in the least restrictive settings.
  • Swain County DSS will run an effective, resourceful, knowledgeable, and responsible organization.
  • Enhance collaboration and communication between units within the agency.

Resources

Please see Swain County Social Services resources below. 

Program/Service

Federal Statute; State Statute; and/or Administrative Rule

Protective Services for Adults

SSBG Plan; G.S. 108A, Article 6; G.S. 143B-153; 10A NCAC 71R .0103; 10A NCAC 71A

Individual & Family Adjustment Services; includes Guardianship Services

SSBG Plan; 10A NCAC 71R; G.S. 143B-153; G.S. 35A; 10A NCAC 71B

In-Home Aide Services

SSBG Plan; G.S. 143B-153; 10A NCAC 71R .0103; 10A NCAC 71J

Adult Placement Services

SSBG plan; G.S. 143B-153; 10A NCAC 71C; 10A NCAC 71R .0103

Adult Care Home-Case Management

G.S. 143B-153; 10A NCAC 71D

Family Violence Prevention and Services Act Grant

PL 102-295 amended by PL 103-322

Health Support Services

SSBG Plan; G.S. 143B-153; 10A NCAC 71R .0908; 10A NCAC 71J; 10A NCAC 71R .0103

Family Planning Services (component of Health Support Services)

SSBG Plan; G.S. 143B-153; 10A NCAC 71R .0908(b); 10A NCAC 71R .0103

Health Support Services – Voluntary Sterilization

SSBG Plan; G.S. 143B-153; 10A NCAC 71R .0908(c)(1)(A); 10A NCAC 71J .0101(b); 10A NCAC 71R .0103

Health Support Services – State Abortion Fund

G.S. 143B-153; 10A NCAC 71R .0908(c)(1)(B); 10A NCAC 71J .0101(b); 10A NCAC71R .0103; 10A NCAC 71G

State/County Special Assistance for Adults Program (SA)

P.L. 92-603, 93-66, 95-565 & 95-585; G.S. 108A-25, 40 & 139.5

Refugee Cash and Medical Assistance

P.L. 99-603

Child Support Enforcement

Title IV-D of the Social Security Act; G.S. 110-142; 42 CFR Chapter 3- 300-307

Food Stamp Employment and Training

P.L. 99-198; G.S. 108A-25

Work First Program

TANF BG Plan; Title IV-A of the Social Security Act; 42 USC 601 et. seq.; G.S. 108A-25 & 108A-27

LIHEAP

LIHEAP BG Plan; P.L. 97-35; G.S. 108A-25; 10A NCAC 71V

Food Stamp Program

7 USC 2011; 7 CFR 271.4; G.S. 108A-25

Licensure of maternity homes, child-placing agencies, foster care camps, family foster homes and residential child care facilities

Interstate/Intercountry services, including ICPC and ICJ

Titles IV-B, IV-E, XX of the Social Security Act; G.S. 131D, Article 1A; 143B-153; 10A NCAC 70L, E, F, G, H, K, I & J

G.S. 110-50,52, 57; 143B-153; P.L. 103-432; 10A NCAC 70C

Adoption/Adoption Assistance

Titles IV-B; IV-E; XX of the Social Security Act; G.S. 108A-49 & 50; 10A NCAC 70M .0500 – Out of State Adoption Fees

Child Protective Services

Title IV-B & XX of the Social Security Act, Child Abuse Prevention & Treatment Act; G.S. 7B

Child Medical Evaluations

(Required as a part of CPS investigations; G.S. 7B-300, et. seq.)

Family Preservation and Support Services (Safe and Stable Families Program)

Title IV-B, Subpart 2 of the Social Security Act;  Federal Adoption and Safe Families Act; G.S. 143B-150.5

Foster Care/Foster Care Assistance

Title IV-E, IV-B & XX of the Social Security Act; G.S. 108A-48; G.S. 108A-49

F.S. 143B-153(2)(d); 10A NCAC 70D; State Funds and Maximization of Federal Title IV-E Foster Care Funds:  Title IV-E of the Social Security Act requires that there be no distinction between state and federal foster care funds disbursement.  Without these efforts there will be a tremendous cost burden on counties.

Child Welfare Training

G.S. 131D-10.6A

Disclaimer
Swain DSS is required by law to respond to reports of suspected abuse, neglect, and exploitation of children and adults. Did you know that you are required by law to report to DSS should you think a vulnerable child or adult is being neglected, abused, or exploited? NC General Statutes requires that “any person having reasonable cause to believe that a vulnerable child or adult is in need of protective services shall report such information to the department of social services.” Reporters have the right to remain anonymous and are immune from civil or criminal liability as long as the reporter is reporting things in good faith without malice. Anyone with concerns about the health, safety, or welfare of a child or adult should make a report by phone, mail, or in person.

The Swain County Department of Social Services does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or in the provision of services.

Community Support
Together We Raise of Swain County, Inc.

Together We Raise of Swain County, Inc. was formed and designated as a non-profit organization achieving 501-(C)-(3) certification to provide for the delivery and provision of health, social, and other community services to at-risk children and families of Swain County, North Carolina.   As children and adults come into the care and responsibility of Swain County DSS, their needs are remarkable and unending.  Clothing, shoes, coats, personal items, as well as extra services not covered by Medicaid, and activities are examples of expenses to enhance the well-being of the children and adults. These expenses are not covered by state funds to DSS, Foster Families, or group homes.   Together We Raise of Swain County, Inc will make the efforts to meet the needs of these individuals at Christmas and then as needed throughout the year. To find out how to donate to Together We Raise of Swain County Inc. please email bree.clawson@swaincountync.gov

Christmas Project

Each year in early November Swain DSS partners with the Swain County Family Resource Center to assist with identifying families who require some assistance in order to make Christmas for their children a bit brighter. The program is called “Christmas Cheer” and DSS assists the Family Resource Center by taking applications and submitting them. The program usually runs from November to early December. The Family Resource Center kindly coordinates this effort by matching needy children with sponsors, and also sees that the items are delivered to the families by Christmas. If you know of a family in need please contact the Swain Co. Family Resource Center and someone will help with the referral process. If you would like to sponsor a family please contact the Family Resource Center at 488-7505.

Also, Together We Raise of Swain County Inc. also holds an annual 5K in October called the Spook for Christmas presents for foster children and adult wards in Swain County DSS’s care. For more information please email:  bree.clawson@swaincountync.gov

Food Pantry

We are always seeking food donations of non-perishable and canned food items for our food pantry from individuals, civic organizations, and church groups. If you are interested in assisting with this effort, please contact our office. To send an email to help with this cause,
Email: Kim.Cunningham@swaincountync.gov

Methamphetamine Information

Methamphetamine Information

Information gathered from “Fostering perspectives, Volume 9 # 2 May 2005” published by the Family & Children’s Resource Program and NC DSS.

Meth Lab Basics

Meth users have discovered a way to make the drug in small batches in homemade “labs,” using readily-available ingredients. These ingredients include cold medicine, matches, drain cleaner, and paint thinner. Although it is extremely dangerous, making meth does not require a chemistry background or special equipment.

In North Carolina meth labs have been found in homes, apartments, hotel rooms, vehicles, and close to schools. Meth labs can be highly mobile; some fit into a duffle bag or the trunk of a car. Statistics from California indicate that most cooks make meth 48 to 72 times a year. It takes between four and six hours to cook the drug. For every pound of methamphetamine they make, these labs generate five to seven pounds of toxic waste.

Effects on Children

Threats faced by children exposed to meth labs include the following.

Chemical contamination.

A recent study of meth labs found that “chemicals spread throughout the house. The methamphetamine is deposited everywhere, from walls and carpets to microwaves, tabletops, and clothing. Children living in those labs might as well be taking the drug directly.”  Indeed, approximately 35% of children found in meth labs test positive for toxic levels of chemicals in their bodies, including meth. Children in meth labs most commonly come into contact with chemicals through inhalation and absorption through the skin. Long-term exposure to meth lab toxins can damage the nerves, lungs, kidneys, liver, eyes, and skin.  It is not uncommon for children removed from meth labs to have chemically-induced asthma or pneumonia that clears up after the children are out of the lab.  Experts report that approximately one in every six meth labs seized by authorities is discovered because of a fire or an explosion caused by careless handling and overheating of volatile, hazardous chemicals and waste and unsafe manufacturing methods.

Neglect

When parents use or make meth, their children often lack necessities such as food, water, and shelter, and they frequently lack adequate medical care, including proper immunizations and dental care. In addition, the cycle of meth abuse has a built-in phase when parents “crash” and are unable to look after their children. Children in meth-using families may also face hazards such as used hypodermic needles and razor blades.

Abuse

Exposure to parents intoxicated by meth may compromise child safety: when high, users often exhibit poor judgment, confusion, irritability, paranoia, and increased violence. Because meth increases the sexual appetites of users, children of meth users may be at greater risk for sexual abuse, either by parents themselves or by other adults coming in and out of the home.

Other risks

Loaded firearms are found in easy-to-reach locations in the vast majority of meth labs. Dangerous animals and booby traps designed to protect meth labs pose added physical hazards. Children may even be involved in the manufacturing process, but receive no protective gear.

Effects on Communities

Meth labs have a tremendous impact on communities. In North Carolina typical cleanup costs for a meth lab are between $4,000 and $10,000. These costs must be absorbed by property owners and local and state governments. Unlike other drugs, meth creates little revenue for law enforcement. Instead of seizing homes and valuables that can offset interdiction costs, officials are left with costly cleanup and ruined properties. Meth labs also pose a threat to the general public and the environment. Because clothing and other articles are so easily contaminated by meth production, toxins can quickly spread from one place to another, requiring involved cleanup. Meth cooks often dispose of lab waste by burning it, dumping it in streams, fields, and down toilets, or by simply leaving it behind in hotels, on roadsides, and in other public areas.

Recognizing a Meth Lab

Although not in and of themselves conclusive evidence, the following could signal the presence of a meth lab.

  • Unusual, strong odors (like cat urine, ether, ammonia, or acetone) coming from sheds, outbuildings, other structures, fields, orchards, campsites, or especially vehicles (older model cars, vans), etc.
  • Possession of large amounts of over-the-counter cold/allergy medications containing ephedrine or pseudoephedrine, or large quantities of solvents such as Acetone, Coleman Fuel, Toluene, etc.
  • Discarded cold medicine/ephedrine bottles, coffee filters with oddly-colored stains, lithium batteries, antifreeze containers, lantern fuel cans, propane tanks.
  • The mixing of unusual chemicals in a house, garage, or barn, or the possession f chemical glassware by persons not involved in the chemical industry.
  • Heavy traffic during late-night hours.
  • Residences with fans in windows in cold weather, or blacked-out windows.

If You Suspect a Meth Lab

Seventy-five percent of meth labs found in North Carolina have been “stumbled upon.” If you suspect a meth lab take these steps:

  • Remain calm. Give yourself time to think.
  • Do NOT approach suspects. They are often armed and may be dangerous.
  • Do NOT enter the lab area. Do not try to clean up the area. Evidence should remain undisturbed for investigation by law enforcement.
  • If you are in the lab already, find an excuse to leave immediately.
  • Never try to identify unknown substances by smelling or touching them.
  • Keep a safe distance. Hazardous materials may ignite or the fumes may overcome you.
  • Promptly notify local law enforcement.

Because some effects of chemical exposure can develop slowly, one should seek immediate medical attention if he/she notice the following :

  • Drowsiness
  • Headache
  • Unusual movements such as tremors, shaking, jumpiness, agitation, or seizures
  • Trouble breathing, coughing, or poor color
  • Fever
  • Hallucinations or mental confusion
  • Any other unusual symptom that seems severe

More about Meth and Meth Labs in North Carolina

Meth lab seizures in North Carolina increased twenty-fold in the last four years. In 2001, 34 meth labs were found; in 2002 there were 98; in 2003 there were 177; in 2004 there were 322. North Carolina is doing what it can to combat this trend because it can get much worse: some states seize more than 2,000 meth labs a year. Rural communities are, particularly at risk. Teens aged 12 to 14 who live in smaller towns are 104% more likely to use meth than those who live in larger cities. Meth “cooks” often site their labs in rural areas to hide the odors produced during manufacture. The trend is for labs to spread from rural to suburban to urban areas. Relatively few labs have been found in larger cities such as Charlotte and Raleigh, but they are becoming more common in small towns in western and eastern North Carolina.

Minimum Standards of Care for children

Swain County Department of Social Services

Minimum Standards of Care

Related to NC General Statutes

Regarding Child Abuse, Neglect, and Dependency

Minimum standards of care have been developed as a general guide to assist staff in evaluating safety and protection issues for children who receive services from our Children’s Services Unit.  These standards are based on North Carolina General Statutes that define abuse, neglect, and dependency (GS 7B-101 (1) (13) (7)).  If a family is providing minimum care for their children and there are no identifiable protection issues that can be specifically related to the General Statutes, this agency will not be involved with a family unless they voluntarily request services.

It must be acknowledged that in the majority of situations where minimum care is not being provided, protection issues will be identified and this agency will be involved with the family on a non-voluntary basis.  However, it is reasonable to assume that due to the complex nature of some protective services issues, there may be exceptions to this rule.

Abuse, neglect, and dependency issues must be viewed within the context of total family dynamics and how parental behaviors and interactions impact the safety of the child.  In order to determine if minimum care is being provided, standards should not be considered in isolation, but in conjunction with each other.  Therefore, in determining if a neglectful situation exists, a total assessment including issues of proper care, discipline, environment injurious, etc. will need to be evaluated.

It is important to recognize that decisions regarding abuse, neglect and dependency are the responsibility of the Department of Social Services.  Input from other agencies, professionals, and individuals is encouraged.  DSS evaluates this information; makes a determination concerning minimum care; and relates the findings to the North Carolina General Statutes and State policy. After this information is collected and carefully assessed, an agency decision is made concerning the need for protection and intervention.

It is also important to understand that while DSS and Law Enforcement, at times, conduct joint investigations, the case decision made by DSS is not made in conjunction with any actions taken or not taken by Law Enforcement or the District Attorney’s office.  A decision that a child is or is not “in need of protection”  is a separate issue from whether or not a parent or caretaker is charged with a crime.  The need for protection and criminal charges are governed by different legal mandates.

While this material may be useful in better understanding “minimum care,” North Carolina General Statute 7B-302 states that “any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent shall report the case of that juvenile to the Department of Social Services in the county where the juvenile resides or is found.”

  1. NEGLECT:

G.S. 7B-101 (13)-  “A Juvenile Who Does Not Receive Proper Care, Supervision, or Discipline from the Juvenile’s Parent, Guardian, Custodian, or Caretaker; or Who Has Been Abandoned; or Who Is Not Provided Necessary Medical Care; or Who is Not Provided Necessary Remedial Care; or Who Lives in an Environment Injurious to the Juvenile’s Welfare; or Who Has Been Placed for Care or Adoption in Violation of Law.  In Determining Whether a Juvenile Is a Neglected Juvenile, it Is Relevant Whether That Juvenile Lives in a Home Where Another Juvenile Has Been Subjected to for their adolescent that is not neglectful or abusive in nature.  Therefore, the adolescent’s willingness to abide by parental rules may be a condition for the adolescent to return home.

Children birth through age 5 are constantly supervised in the home and frequently supervised while outside in a safe play area.

Children ages 6—8 are not regularly left alone for more than a few minutes.Abuse or Neglect by an Adult Who Regularly Lives in the Home.”

PROPER CARE (for medical neglect see pg. 5):

NUTRITION-Parent or caretaker provides or arranges for sufficient food for the child so that growth and development are normal and diet prevents malnourishment, dehydration or any other condition requiring medical attention.  There is no pattern of withholding food or water as a regular means of discipline.

CLOTHING-Parent or caretaker attempts to provide reasonably clean and serviceable clothing to protect the child from the elements and health hazards.

HYGIENE-Child’s hygiene does not create a condition requiring medical attention or treatment for documented emotional problems.  Parent or caretaker attempts to provide instruction on hygiene and to provide necessary items for hygiene (water, soap, etc.).  Issues concerning head lice are not accepted as Child Protective Services reports. The presence of lice is a situation addressed by the Health Department.

CLOTHING- Poverty is not a reason to intervene; handled by parents, community agencies.

DIRTY HOME-Child’s welfare must not be at substantial risk of harm; handled by family, community agencies, and landlords.

SHELTER – The Parent or caretaker provides housing, emergency shelter or makes alternative arrangements if homeless.  Parent or caretaker ensures the child is safe and protected from the elements. (Will also consider allegations under Environment Injurious)

ELECTRICITY-Poverty is not a reason to intervene. Parent is providing minimally for child; handled by family, community agencies

EDUCATION-The school system is responsible for enforcing the Compulsory School Attendance Law.  DSS intervention is possible, at the discretion of the director or his designee, after school efforts have proven ineffective to ensure child’s school attendance.  This does not apply to children who willfully refuse to attend school despite efforts by their parent/caretaker.

PARENTING- Child continues to receive minimum levels of care despite physical, mental, emotional or behavioral problems of their parent or caretaker.  If a parent or caretaker is unable to provide proper care for the child, parent or caretaker has made arrangements with a caretaker who is willing and able to provide proper care at least at a minimal level.  The parent or caretaker continues to act in a parental role and provides support for the child or has made arrangements for the child to be legally secure with an alternate caretaker.  Parents are willing to provide a home for their adolescent who refuses to return home. Parents have a responsibility to set limitations and rules

Children ages 9—10 are not regularly left alone no longer than one hour and are not responsible for supervising young children.

Children ages 11—13 are not regularly left alone for more than eight to nine hours and are not left alone to supervise younger children for more than a few hours (one to three).  The supervising child is responsible, mature, has access to emergency plans (neighbor, relative, parent, 911); can verbalize how to deal with an emergency; discuss child care for infants or young children (meals, rules, safety); can discuss what they would do if a stranger asked to come into the home; are not fearful of being alone; or overwhelmed by child care responsibilities.

At ages 14—17 children/youth can supervise other children if they are responsible, mature have access to emergency plans (neighbor, relative, parent, 911); can verbalize how to deal with an emergency; discuss child care for infants or young children (meals, rules, safety); can discuss what they would do if a stranger asked to come into the home; are not fearful of being alone; or overwhelmed by child care responsibilities.  Some children in this age group should be able to stay by themselves for extended periods of time, be unsupervised or engage in social activities provided they are responsible, have access to an identified adult and do not become involved or are not involved in delinquent or undisciplined behaviors.

Parent or caretaker has taken appropriate actions to address delinquent and/or undisciplined behaviors but the child is refusing to cooperate with their efforts and the efforts of the agencies involved.

Children ten and above can usually supervise themselves outside but the parent or caretaker is generally aware of their whereabouts.

Parent or caretaker obtains substitute child care providers who are responsible and provide proper care for the child.  Parent or caretaker has a definite plan for duration of the substitute care, arranges for essential needs for the child, provides emergency contacts and if absence is to be extended, maintains contact with the child.

Parent or caretaker is aware of sibling children engaged in sexual activity and has taken protective measures.

Sexual exploration, sexual play, or sexual activity of the child is age-appropriate. (Age of consent in North Carolina is 16 years of age but does not pertain to adult relatives).

Minimum Standards of Care for Children – Supervision

  1. PROPER SUPERVISION:

Children from birth through age 5 are constantly supervised in the home and frequently supervised while outside in a safe play area.

Children ages 6—8 are not regularly left alone for more than a few minutes.

Children ages 9—10 are not regularly left alone no longer than one hour and are not responsible for supervising young children.

Children ages 11—13 are not regularly left alone for more than eight to nine hours and are not left alone to supervise younger children for more than a few hours (one to three).  The supervising child is responsible, mature, has access to emergency plans (neighbor, relative, parent, 911); can verbalize how to deal with an emergency; discuss child care for infants or young children (meals, rules, safety); can discuss what they would do if a stranger asked to come into the home; are not fearful of being alone; or overwhelmed by child care responsibilities.

At ages 14—17 children/youth can supervise other children if they are responsible, mature have access to emergency plans (neighbor, relative, parent, 911); can verbalize how to deal with an emergency; discuss child care for infants or young children (meals, rules, safety); can discuss what they would do if a stranger asked to come into the home; are not fearful of being alone; or overwhelmed by child care responsibilities.  Some children in this age group should be able to stay by themselves for extended periods of time, be unsupervised or engage in social activities provided they are responsible, have access to an identified adult and do not become involved or are not involved in delinquent or undisciplined behaviors.

Parent or caretaker has taken appropriate actions to address delinquent and/or undisciplined behaviors but the child is refusing to cooperate with their efforts and the efforts of the agencies involved.

Children ten and above can usually supervise themselves outside but the parent or caretaker is generally aware of their whereabouts.

Parent or caretaker obtains substitute child care providers who are responsible and provide proper care for the child.  Parent or caretaker has a definite plan for duration of the substitute care, arranges for essential needs for the child, provides emergency contacts and if absence is to be extended, maintains contact with the child.

Parent or caretaker is aware of sibling children engaged in sexual activity and has taken protective measures.

Sexual exploration, sexual play, or sexual activity of the child is age-appropriate. (Age of consent in North Carolina is 16 years of age but does not pertain to adult relatives)

III. PROPER DISCIPLINE:

No corporal punishment is used on a child under the age of 3 or a child who is not mobile (this does not include an occasional “pop” to the buttocks or legs; popping the hands should be discouraged due to potential harm to bones/skin/veins.)

Parent or caretaker makes an effort to teach the child consequences for unacceptable behavior.

If corporal punishment is used, it should not result in injury (i.e. cuts or extreme bruising lasting more than 24 hours from the time of the incident.)

Slapping a child is inappropriate and has been deemed by the district court system as unacceptable behavior.

  1. ABANDONED: 

Parent or caretaker has been absent for an extended period (more than several days), but has made arrangements with a caretaker who is willing and able to provide care for the child in accordance with minimum standards.  Plan is for a definite period of time.  Parent has on-going contact with the child/caretaker and intends to resume care for the child in the future.

  1. NECESSARY MEDICAL CARE OR OTHER REMEDIAL CARE:
  2. There is no pattern of failure to seek needed medical treatment or to obtain prescribed medication for life threatening condition or permanently impairing condition.
  3. There is no pattern of failure to seek and follow through with needed remedial care (such as speech therapy, specialized services for the hearing and visually impaired).

Child is not a disabled infant with a life-threatening condition from whom appropriate nutrition, hydration or medication is being withheld except under very specific conditions (NCAC II .0303).

Parental behavior does not exacerbate or aggravate a life-threatening or permanently impairing condition.

Parent or caretaker is providing necessary medical, dental and mental health care.

Parent or caretaker has made appointments and ensured transportation for a teenager who is refusing to cooperate with mental health services.

After a qualified professional has determined a child’s need for physical or mental health services the parent or caretaker has attempted to secure and follow through with services (may be contingent on service availability and financial resources).

Issues concerning immunizations and head lice are not accepted as Child Protective Services reports by DSS.  Immunizations are dealt with through the health department and school system and their legal resources.  The presence of lice is a situation addressed by the Health Department and school nurse.  The use of Ritalin or other psychostimulants is a parental choice.  The discontinuation or decision not to place a child on these medications is not accepted as a CPS report except in cases where there is evidence of behavior that is life-threatening.

  1. ENVIRONMENT INJURIOUS:
  2. PHYSICAL

There are no safety hazards present in house (exposed wiring, unsafe heating units, broken windows, fire hazards, rats, vermin, snakes);

House has not been condemned;

House does not have running water or electricity, but parent is able to provide “proper care” standards by other means;

There is adequate heat;

Child has safe sleeping area (not exposed to rats or the elements);

Housekeeping standards do not expose the child to possible disease, infections, injuries or fire hazards. The home has working smoke detectors and any firearms/other weapons are properly secured.

  1.   PARENTAL

Child is not at risk of sexual abuse, physical abuse, or neglect due to a parent or caretaker’s relationship with another individual or due to the parents or caretaker’s sexual abuse, physical abuse or neglect of another child.

Parent or caretaker has developed an identifiable protection plan as a result of third party abuse/neglect or risk of abuse/neglect.

Child has safe sleeping area (not at risk of sexual abuse and not exposed to sexual activity).

Child is not at risk of sexual abuse, physical abuse, or neglect due to the death of a sibling or neglect or abuse of a sibling.

Children under 12 are not allowed to use nor have access to guns or any dangerous weapons without adult supervision.

Child is not injured in a vehicular accident even though the child was not wearing a seat belt or in a child restraint seat.

Parent or caretaker’s relationship with criminal elements has not placed the child’s  health or safety at risk.

VII.  DOMESTIC VIOLENCE

Parent, caretaker or child has not been injured as a result of violence in the home.

Parent or caretaker has taken appropriate steps to protect self/child from the

batterer such as a restraining order, going to a safe house, etc.

Child has not called 911 for assistance due to violence in the home.

Child does not display extreme anxiety, depression, etc. due to violence in the home.

Parent or caretaker physically intervening with an out of control child does not

cause the child physical injury.

Child not present when parent or caretaker was involved in violent acts or activities.

VIII.  SUBSTANCE ABUSE

Child receives adequate care from a parent or caretaker despite substance abuse or  misuse by their parent or caretaker.

Child does not have access to illegal substances or prescription medications.

The child receives adequate supervision despite substance abuse or misuse by their parent  or caretaker.

Newborn does not display evidence of illegal drugs/ misuse of prescription drugs in  his/her system or does not suffer from fetal alcohol syndrome.

VIIII.  ABUSE

G.S. 7B-101(1)- Any Juvenile less than 18 Years of Age Whose Parent, Guardian, Custodian, or Caretaker:

  1. Inflicts or Allows to Be Inflicted upon the Juvenile a Serious Physical Injury by Other   

than Accidental Means;

(1) Child’s injuries can be documented as resulting from an accident;

(2) Child’s injuries inflicted by someone other than a parent or caretaker and parent or

caretaker had no information to alert them to the potential harm.

  1. Creates or Allows to Be Created a Substantial Risk of Serious Physical Injury to

Juvenile by Other than Accidental Means;

(1) Child’s injuries can be documented as being accidental;

(2) Injuries were inflicted by someone other than parent or caretaker and parent or

caretaker had no knowledge of potential harm;

(3) Child was in a situation where a risk of injury was present but the parent or the caretaker had no information that would have alerted them to the potential harm.

“Injuries inflicted” also include injuries that result from a situation created by an individual, i.e., locking in a closet, scalding or burning, starvation.

  1. Uses or Allows to Be Used upon the Juvenile Cruel or Grossly Inappropriate

        Procedures or Cruel or Grossly Inappropriate Devices to Modify Behavior;

(1) Child is not forced to ingest food or liquids for punishment;

(2) Child is not restrained with belts, ropes, etc.;

(3) Child is not locked in closets or a small rooms;

(4) Child is not prevented from exercising normal bodily functions;

(5) Child is not disciplined for behavior beyond the child’s control (bed-wetting,

disabilities, and handicaps);

(6) Child is not punished by withholding food or water for extended periods;

(7) Child is not prevented from sleeping as a means of punishment;

(8) The child is not forced to bathe in harmful solutions (Clorox, disinfectants, etc.).

  1. Commits, Permits, or Encourages the Commission of a Violation of the Following 

Laws By, With, or Upon the Juvenile:

First Degree Rape, as Provided in G.S.14-27.2; Second Degree Rape as Provided in

G.S.14-27.3; First Degree Sexual Offense, as Provided in G.S. 14-27.4; Second

Degree Sexual Offense, as Provided in G.S. 14-27.5; Sexual Act by a Custodian, as

Provided in G.S. 14-27.7; Crime Against Nature, as Provided in G.S. 14-177; Incest,

as Provided in G.S. 14-178 and 14-179; Preparation of Obscene Photographs, Slides

or Motion Pictures of the Juvenile, as Provided in G.S. 14-190.5; Employing or

Permitting the Juvenile to Assist in Violation of the Obscenity Laws as  Provided in

G.S. 14-190.6;  Dissemination of Obscene Material to the Juvenile as Provided in G.S.

14-190.7 and G.S. 14-190.8;  Displaying or Disseminating Material Harmful to the

Juvenile as Provided in G.S. 14-190.14 and G.S. 14-190.15;  First and Second

Degree Sexual Exploitation of the Juvenile as  Provided in G.S. 14-190.16 and G.S.

14-190.17; Promoting the Prostitution of the Juvenile as Provided in G.S. 14-190.18; 

and Taking Indecent Liberties with the Juvenile, as Provided in G.S. 14-202.1,

Regardless of Age of the Parties;

The only exceptions are as follows:

(1) Parent or caretaker has not violated any of the above laws;

(2) Non-offending parent or caretaker had no information that should have alerted them to the violation of the above laws by the offending parent or caretaker;

(3) Non-offending parent or caretaker takes all necessary steps to protect and support child upon learning of sexual abuse of child by parent or caretaker;

(4) Parent or caretaker of a child, who has been sexually abused by a third party, had no information that should have alerted them to potential harm and in no way assisted, arranged or ignored the abuse.

(5) The age of consent is 16 years of age in North Carolina; this does not apply to adult relatives.)

  1.   Creates or Allows to Be Created Serious Emotional Damage to the Juvenile.

    Serious Emotional Damage Is Evidenced by a Juvenile’s Severe Anxiety,

    Depression, Withdrawal or Aggressive Behavior Toward Himself or Others.

(1) Parent or caretaker’s behaviors cannot be documented as having created or allowed to create severe anxiety, depression, withdrawal or aggressive behavior toward himself or others.

  1.   Encourages, Directs or Approves of Delinquent Acts Involving Moral Turpitude

    Committed by the Juvenile.

(1) Parent or caretaker’s involvement in extensive criminal activity, drug usage, violence, fraud, immoral behavior cannot be documented as having influenced the child to participate in the same activities;

(2) Parent or caretaker attempts to correct behavior or secure services for a child who has become involved in acts involving moral turpitude.

The use of tobacco products by a child is not a report of moral turpitude.  It is illegal for a child under 18 to purchase these products but it is not illegal for the child to use them. Other information concerning a child using tobacco products such as the child’s age, health, etc. would be taken into consideration in determining whether or not it is a child protective services matter.

  1. DEPENDENCY

G.S. 7B-101 (7)-a Juvenile in Need of Assistance or Placement Because He Has No Parent, Guardian, or Custodian Responsible for the Juvenile’s Care or Supervision or Whose Parent, Guardian, or Custodian Is Unable to Provide for the Care or Supervision and Lacks an Appropriate Alternative Child Care Arrangement.

Parent or caretaker is deceased or unknown.

Parent or caretaker is physically unavailable to provide care due to being in another state (or possibly another county), whereabouts unknown, hospitalized, or incarcerated.  Plans for care of child are unknown, unclear, or unsafe and as a result, child is at risk of being neglected or abused if services are not provided;

Parent or Caretaker’s severe and persistent physical or mental disability has placed the  child at risk of being abused and/or neglected if services are not provided.

Definition of a Caretaker

G.S. 7B-101 (2) Any person other than a parent, guardian or custodian who has responsibility for the health and welfare of a juvenile in a residential setting.  A person responsible for a juvenile’s health and welfare means a stepparent, foster parent, adult member of the juvenile’s household, an adult relative entrusted with the juvenile’s care, or any person such as a house parent, or cottage parent who has primary responsibility for supervising a juvenile’s health and welfare in a residential child care facility or residential educational facility.  Caretaker also means any person who has the responsibility for the care of a juvenile in a child day care home or child day care facility and includes any person who has the approval of the care provider to assume responsibility for the juveniles under the care of the care provider.

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