§ 7B-320. Notification to individual responsible for abuse or substantial neglect. - North Carolina Statutes

Article 3A.

Expunction; ResponsibleIndividuals List.

§ 7B‑320.  Notificationto individual responsible for abuse or substantial neglect.

(a)        Within five workingdays after the completion of an investigative assessment response that resultsin a determination of abuse or serious neglect, the director shall notify theDepartment of the results of the assessment and shall give personal writtennotice to the responsible individual of the determination.

(b)        If personal writtennotice is not obtained within 15 days of the determination being made, thedirector shall send the notice to the responsible individual by registered orcertified mail, return receipt requested, and addressed to the responsibleindividual at the individual's last known address. Only the responsibleindividual may receive the notice.

(c)        The notice shallinclude all of the following:

(1)        A statementinforming the individual of the nature of the investigative assessment responseand whether the director determined abuse or serious neglect or both.

(2)        A statementsummarizing the substantial evidence supporting the director's determinationwithout identifying the reporter or collateral contacts.

(3)        A statementinforming the individual that the individual's name has been placed on theresponsible individuals list as provided in G.S. 7B‑311, and that theDepartment of Health and Human Services may provide information from this listto child caring institutions, child placing agencies, group home facilities,and other providers of foster care, child care, or adoption services that needto determine the fitness of individuals to care for or adopt children.

(4)        A clear descriptionof the actions the individual must take to have his or her name removed fromthe responsible individuals list. The description shall include informationregarding how to request an expunction by the director of the individual's namefrom the responsible individuals list and procedures for seeking review by thedistrict attorney and for seeking judicial review of the director's decisionnot to remove the individual's name from the list. (2005‑399, s. 3.)