North Carolina § 131D-10 - 4. Exemptions.

§ 131D-10. 4. Exemptions.

This Article does not apply to any of the following: Any residential child-care facility chartered by the laws of this State (or operating under charters of other states which have complied with the corporation laws of this State) which has a plant and assets worth sixty thousand dollars ($60,000) or more and which is owned or operated by a religious denomination or fraternal order and which was in operation before July 1, 1977. State institutions for children with serious emotional disturbances, delinquent children, or individuals with mental illnesses, intellectual or other developmental disabilities, or substance use disorders. Secure detention facilities as specified in Part 3 of Article 13 of Chapter 143B of the General Statutes. Licensable facilities subject to the rules of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services as specified in Article 2 of Chapter 122C of the General Statutes. Persons authorized by statute to receive and place children for foster care and adoption in accordance with G.S. 108A-14. Primarily educational institutions as defined in G.S. 131D-10.2(11). Individuals who are related by blood, marriage, or adoption to the child. History (1983, c. 637, s. 2; 1985, c. 589, s. 39; 1991, c. 636, s. 19(b); 1998-202, s. 13(ii); 1999-423, s. 6; 2000-137, s. 4(gg); 2011-145, s. 19.1( ll ); 2019-76, s. 16.) Editor's Note. - Session Laws 2019-76, s. 33, provides: "Parts I and II of this act do not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Session Laws 2019-76, s. 34, made the amendments by Session Laws 2019-76, s. 16 effective October 1, 2019, and applicable to proceedings commenced or services rendered on or after that date. Effect of Amendments. - Session Laws 2011-145, s. 19.1( ll ), effective January 1, 2012, substituted "Part 3 of Article 5A" for "Article 12" in subdivision (3). Article 5A was renumbered as Article 13 at the direction of the Revisor of Statutes and the reference in subdivision (3) was changed to reflect that. Session Laws 2019-76, s. 16, rewrote the section. For effective date and applicability, see editor's note. Opinions of Attorney General Abuse Occurring in County Operated Secure Detention Facility. - The Department of Social Services has the authority to investigate an abuse complaint (involving a juvenile) that allegedly occurred in a county operated secure detention facility that is licensed by the North Carolina Office of Juvenile Justice. See Opinion of Attorney General to Mr. Lowell L. Siler, Esq., Deputy County Attorney, County of Durham, 2000 N.C. AG LEXIS 17 (9/11/2000).