Minimum standards of care have been developed as a general guide to assist in evaluating
safety and protection of children who receive Child Protective Services .
These standards are based on North Carolina General Statutes that define Abuse, Neglect,
and Dependency (GS 7A-517 (1) (21)
(13), professional knowledge and experience of state and local child protective services
personnel, opinions of a cross-section of Catawba County citizenry, and in-put from the
25th Judicial District Juvenile Court Judges.
Minimum standards of care is a point on a continuum of care. Below this point, the child
does not receive sufficient care to maintain his/her physical, mental or emotional growth.
Child Protective Services are needed to help the family provide minimally sufficient care,
or provide the environment that meets the child's
basic needs. In situations where minimum care is not provided, protection issues are
identified and Social Services becomes involved with the family on a non-voluntary basis.
Child Protective Services may be discontinued when minimal levels of care are met.
Abuse, neglect, and dependency issues are viewed within the context of total family
dynamics and how parental behaviors and interactions impact the child's safety. 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 or abusive situation exists, a total assessment,
including issues of proper care, discipline and environment, must be made. Decisions
regarding abuse, neglect, and dependency are the responsibility of Social Services. Input
from other agencies, professionals, and individuals is essential in collecting and
evaluating information. A decision can then be made concerning the need for protection and
intervention in accordance with the provision of services outlined in the General Statutes
of North Carolina.
NEGLECT
GS 7A-517 (21): "A juvenile who does not receive proper care,
supervision, or discipline from his parents, guardian, custodian or caretaker;
or who has been abandoned; or who is not provided necessary medical care
or other remedial care recognized under state law, or who lives in an
environment injurious to his welfare, or who has been placed for care
or adoption in violation of the law. In determining whether a juvenile
is a neglected juvenile, it is relevant whether the juvenile lives in
a home where another juvenile has died as a result of abuse or neglect
or lives in a home where another juvenile has been subjected to sexual
abuse or severe physical abuse by an adult who already lives in the home."
I. PROPER CARE:
A. NUTRITION:
Parent or caretaker provides or arranges for sufficient food for child so that growth and
development are normal and diet prevents mal-nourishment, dehydration or any other
condition requiring medical attention.
- Minimally acceptable care includes prepared meals which may be nutritionally unbalanced
or occasionally skipped.
- Older children are able to get food themselves at home or are able to supplement diet
outside the home with no apparent health consequence.
- There is no pattern of withholding food, and water is never withheld as a means of
discipline (excluding snacks/desserts).
B. CLOTHING:
- Parent or caretaker provides reasonably clean and serviceable clothing to protect child
from the elements and health hazards.
C. HYGIENE:
- Child's
hygiene does not create a condition requiring medical attention.
- Parent or caretaker attempts to provide instruction on hygiene and provides necessary
items for hygiene (water, soap, etc.).
- Parent indicates a willingness to cooperate with school or public health personnel to
the extent necessary to eradicate lice infestation or other infectious diseases such as
scabies.
D. EDUCATION:
Parent enrolls the child in school as legally required. If parental failure to send a
child to school is present, there is a potential for other issues of neglect to be
present; however, if school attendance is the only identified issue, child protective
services will not generally be involved with the family.
E. PARENTING:
- Child's treatment is such that while
there may be a lack of adequate parenting skills or understanding of
child development, child's emotional,
mental or physical development have not been impaired.
- Parent or caretaker has no physical, mental, emotional or behavioral problems that have
adversely impacted on the care the child has received as evidenced by emotional or
physical impairments of the child.
- If a parent or caretaker is unable or unwilling to provide "proper care" for a child, parent has made arrangements
with a caretaker who is willing and able to provide proper care at least
at a minimal level.
II. PROPER SUPERVISION:
A. Children birth through age 5 are constantly supervised by an
adult or responsible care provider inside the home and while outside in
a safe play area. This means an awareness of the child's whereabouts and
activities at all times.
B. Generally, children under the age of 10 do not stay alone.
- Children older than 10 usually supervise themselves outside, but parent or caretaker is
aware generally of their whereabouts and activities.
- Generally, children 6 to 10 play in a designated area where a parent or designated
caretaker checks from time to time on their safety.
C. Generally, children under the age of 13 are not left alone to supervise
younger children. The 13 year old may be an acceptable caretaker for no
more than a short period of time, (ex. briefly after school). The child
is responsible and mature, has access to emergency plans (neighbors, relatives,
parents, 911); can verbalize how to deal with an emergency; can discuss
child care for infants or young children (meals, rules, safety); can discuss
what they would do if a stranger asks to come into the home; is not fearful
of being alone; or is not overwhelmed by child care responsibilities.
D. Generally, staying alone overnight or supervising younger children
overnight is reserved for the older teenager (16 or older) who demonstrates
maturity, responsibility, and has access to emergency plans (neighbors,
relative, parents, 911); can verbalize how to deal with an emergency;
can discuss child care for younger children(meals, rules, safety); is
not fearful of being in charge; or overwhelmed by child care responsibilities.
E. Parent or caretaker obtains substitute child care providers who are
responsible and provide Aproper care@ of child. Parent or caretaker has
a definite plan for duration of substitute care, arranges for essential
needs for child, provides emergency contacts; and if absence is to be
extended, maintains contact with the child.
F. Child, under the age of 18, is not denied access to the home unless
he/she has a safe, accessible, appropriate, alternative place to stay
and is old enough to safely access the arrangement or other appropriate
help. Furthermore, child is not denied essential physical or medical care
as a result of the arrangement.
G. Child under 18 is not encouraged or permitted to participate in a
co-habitation arrangement, and/or to violate the Statutory Rape Laws of
North Carolina.
III. PROPER DISCIPLINE:
A. Parent or caretaker makes an effort to teach child consequences for
unacceptable behavior. The purpose of punishment is primarily to symbolize
disapproval, not to hurt or inflict great pain on the child.
B. Corporal Punishment:
- No corporal punishment (striking the body with hands, feet, or objects)
is used on a child who is not walking. An occasional "pop" to hand, covered buttocks or legs
of a walking toddler MAY be acceptable, provided no injury results.
AN INFANT(UNDER 1 YEAR) IS NEVER HIT.
- Corporal punishment (striking the body with hands, feet, or objects) used on an older
child is used on the buttocks or legs only, is preferably the open hand and does not
result in bruises or abrasions.
- SHAKING OR THROWING AN INFANT OR YOUNG CHILD IS NEVER DONE.
C. There is no withholding water or other fluids as a means of punishment.
D. There is no pattern of withholding food as a means of discipline
(does not include desserts, snack foods, candy, etc.).
E. Child is never deliberately confined, tied, locked in, or bound in
any way as a means of punishment.
F. Child is not confined in any cramped or dark enclosure (closet, bin,
shed, etc.).
G. Parent does not allow others to physically punish child in a way
that would result in injury.
IV. ABANDONED:
A. Although parent or caretaker has been absent for an extended period
(more that several days), adequate arrangements for child care have been
made by parent or caretaker.
- Parent or caretaker has intention to return.
- Parent or caretaker has arranged for child's essential needs to be met and maintains
contact with the child and the caretaker.
- Substitute caretaker provides adequate care and supervision of child.
V. NECESSARY MEDICAL CARE OR OTHER REMEDIAL CARE:
A. There is no failure to seek needed medical treatment or to obtain
prescribed medication for a life threatening condition.
B. Child is not experiencing pain that could be alleviated by medical
treatment that has not been acquired.
C. 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) where failure to seek needed remedial
care would result in significant impact on child's development.
Issues concerning immunizations and head lice are not generally accepted
as Child Protective Services reports through Social Services. Immunizations
are dealt with through the school systems and their legal resources. The
presence of lice is a situation addressed by the Health Department. The
use of Ritalin is a parental choice. The discontinuation or decision not
to place on Ritalin is not accepted as a child protective services report
except in cases where there is evidence of behavior that is life-threatening
or child's capacity to learn is gravely impaired as
evidenced by history, medical observation, and/or testing.
VI. ENVIRONMENT INJURIOUS:
A. PHYSICAL:
- There are no imminent-risk safety hazards present in or around the house (exposed
wiring, unsafe heating units, broken windows, fire hazards, rats, vermin, uncontained
dangerous snakes, old wells).
- House has not been condemned.
- Parent is able to provide "proper care" even if house does not have running
water or electricity.
- There is adequate heat which is safely vented.
- Child has safe sleeping area (not exposed to rats or elements).
- Housekeeping standards do not expose child to possible disease, infections, injuries, or
fire hazards.
B. PARENTAL (General):
- Child is not at risk of sexual abuse, physical abuse or neglect due
to a parent's or caretaker's
relationship with another individual or due to the parent's 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 abuse
or neglect by a non-familial/non-household member.
- Child is not exposed to a pattern of domestic violence between adults in the home.
- Minor children (11 to 18) are not allowed to use or have access to guns or any dangerous
weapons without adult supervision. Generally, minor children (0-11) are to have no
exposure or access to guns.
- Child is not placed in danger due to the criminal behavior of parent, caretaker, or
other adults.
- Child is not put at risk by mental illness or mental incapacity of parent or caretaker.
C. PARENTAL (Substance Abuse):
- A newborn does not display any evidence of illegal drugs in his/her system, or does not
suffer from fetal alcohol syndrome. Mother has not consumed illegal drugs during her
pregnancy and has no illegal drugs in her system at delivery.
- Child is not exposed to a pattern of substance abuse by parent, caretaker or other
adult.
- Child is not placed in danger due to substance use by parent/caretaker or other adult
(ex. driving under the influence).
- Parents who abuse drugs or alcohol provide or arrange for a sober caretaker as
appropriate supervision for their children.
ABUSE
GS 7A-517(1): Any juvenile less than 18 years of age whose parent,
guardian, custodian or caretaker: A: Inflicts or allows to be inflicted
upon the juvenile a serious physical injury by other than accidental means.
B. Creates or allows to be created a substantial risk of serious physical
injury to the juvenile by other than accidental means; or B1: Uses or
allows to be used upon the juvenile cruel or grossly inappropriate procedures
or cruel or grossly inappropriate devices to modify behavior; C. Commits,
permits, or encourages the commission of a violation of the child sexual
abuse laws of North Carolina. D. Creates or allows to be created serious
emotional damage to the juvenile (as evidenced by a juvenile's
severe anxiety, depression, withdrawal or aggressive behavior toward himself
or others); or E. Encourages, directs, or approves of delinquent acts
involving moral turpitude committed by the juvenile.
I. PHYSICAL ABUSE:
A. A serious physical injury is any injury requiring medical attention
and may include the following injuries: hemorrhage; fractures;
dislocations; internal injuries, poisoning; burns; scalds; cuts; severe
bruising; etc. but minimum standards are met.
- Child's
injuries can be documented as accidents.
- Injuries were inflicted by someone other than parent or caretaker and parent or
caretaker had no knowledge of potential harm.
- Child is in a situation where a risk of injury was present but the parent or caretaker
has no information that would have alerted them to the potential harm.
- "Injuries inflicted" also include those
resulting from a situation created by an individual, IE. locking in
a closet, scalding or burning, starvation.
B. Minimum Standards are met if:
- Child is not forced to ingest food or liquids for punishment.
- Child is not restrained with belts, ropes, etc.
- Child is not locked in closets or small rooms.
- Child is not prevented from exercising normal bodily functions.
- Child is not disciplined for behavior beyond the child's control (bed wetting,
disabilities, handicaps).
- Child is not prevented from sleeping as a means of punishment.
- Child is not forced to bathe in harmful solutions (clorox, disinfectants, etc.).
- Child has not been subjected to grossly inappropriate discipline such as scalding,
beating with an instrument, burning, continual or extended hitting, biting, hitting with a
closed fist, shaking, suffocating, using a weapon or torture.
II SEXUAL ABUSE:
A. Using child for any sexual purpose. Minimum standards are met if:
- Sexually provocative comments are not made to child, or child is not shown pornographic
photos.
- Child is not being harassed, encouraged, pressured or propositioned to perform sexually.
- Person has not exhibited himself or herself sexually in front of the child (ex. exposure
of genitals, masturbation).
- Person has not sexually molested the child (ex. fondled breast or genitals; made child
exhibit himself or herself).
- Child has not been sexually abused- sexual intercourse has not occurred (oral, anal or
genital).
- Parent or caretaker has not violated any sexual abuse laws of North Carolina.
- Non-offending parent or caretaker had no information that should have alerted them to
the violation of the sexual abuse laws by the offending parent or caretaker.
- Non-offending parent or caretaker takes all the necessary steps to protect and support
the child upon learning of the sexual abuse of child by parent or caretaker.
- Parent or caretaker of 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.
III. EMOTIONAL ABUSE:
Child does not suffer emotional damage as evidenced by severe anxiety, depression,
withdrawal or aggressive behavior toward himself or others as a result of treatment or
actions by parents. Examples of these actions include chronic verbal abuse, demeaning
words and actions, inappropriate punishments for bed wetting, toileting, or feeding
problems.
IV. MORAL TURPITUDE:
Parent's 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.
Parent or caretaker attempts to correct behavior or secure services for child who has
become involved in acts involving moral turpitude.
DEPENDENCY
GS 7A-517 (13): 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, due to physical
or mental incapacity and the absence of an appropriate alternative child
care arrangement, is unable to provide for the care or supervision.
- 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 country), whereabouts unknown, hospitalized, or incarcerated.
- Plans for care of child are unknown, unclear, or unsafe and as a result, the child is at
risk of being neglected or abused if services are not provided and plans for the care of
the child are unknown, unclear, or unsafe.
- As a result of mental illness, mental retardation, physical or emotional disability, the
parent or caretaker is unable to provide minimum standards of care and as a result, the
child is at risk of being neglected or abused if services are not provided; and plans for
the care of the child are unknown, unclear, or unsafe.
- There is no appropriate alternative child care arrangement made by or sanctioned by
parent or caretaker which can offer adequate care or supervision of the child.
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