2009 North Carolina Code
Chapter 7B - Juvenile Code.
§ 7B-320. Notification to individual responsible for abuse or substantial neglect.

Article 3A.

Expunction; Responsible Individuals List.

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

(a)        Within five working days after the completion of an investigative assessment response that results in a determination of abuse or serious neglect, the director shall notify the Department of the results of the assessment and shall give personal written notice to the responsible individual of the determination.

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

(c)        The notice shall include all of the following:

(1)        A statement informing the individual of the nature of the investigative assessment response and whether the director determined abuse or serious neglect or both.

(2)        A statement summarizing the substantial evidence supporting the director's determination without identifying the reporter or collateral contacts.

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

(4)        A clear description of the actions the individual must take to have his or her name removed from the responsible individuals list. The description shall include information regarding how to request an expunction by the director of the individual's name from the responsible individuals list and procedures for seeking review by the district attorney and for seeking judicial review of the director's decision not to remove the individual's name from the list. (2005‑399, s. 3.)