North Carolina § 7B-1301 - Program on Prevention of Abuse and Neglect.

§ 7B-1301. Program on Prevention of Abuse and Neglect.

The Department of Health and Human Services, through the Division of Social Services, shall implement the Program on Prevention of Abuse and Neglect. The Division of Social Services shall provide the staff and support services for implementing this program. In order to carry out the purposes of this Article: Repealed by Session Laws 2009-451, s. 10.43(b), effective July 1, 2009. The Division of Social Services shall review applications and contract with public or private nonprofit organizations, agencies, schools, or with qualified individuals to operate community-based educational and service programs designed to prevent the occurrence of abuse and neglect. Every contract entered into by the Division of Social Services shall contain provisions that at least twenty-five percent (25%) of the total funding required for a program be provided by the administering organization in the form of in-kind or other services and that a mechanism for evaluation of services provided under the contract be included in the services to be performed. In addition, every proposal to the Division of Social Services for funding under this Article shall include assurances that the proposal has been forwarded to the local department of social services for comment so that the Division of Social Services may consider coordination and duplication of effort on the local level. The Division of Social Services shall develop appropriate guidelines and criteria for awarding contracts under this Article. These criteria shall include, but are not limited to: documentation of need within the proposed geographical impact area; diversity of geographical areas of programs funded under this Article; demonstrated effectiveness of the proposed strategy or program for preventing abuse and neglect; reasonableness of implementation plan for achieving stated objectives; utilization of community resources including volunteers; provision for an evaluation component that will provide outcome data; plan for dissemination of the program for implementation in other communities; and potential for future funding from private sources. The Division of Social Services shall develop guidelines for regular monitoring of contracts awarded under this Article in order to maximize the investments in prevention programs by the Children's Trust Fund and to establish appropriate accountability measures for administration of contracts. The Division of Social Services shall develop a State plan for the prevention of abuse and neglect for submission to the Governor, the President of the Senate, and the Speaker of the House of Representatives. To assist in implementing this Article, the Division of Social Services may accept contributions, grants, or gifts in cash or otherwise from persons, associations, or corporations. All monies received by the Division of Social Services from contributions, grants, or gifts and not through appropriation by the General Assembly shall be deposited in the Children's Trust Fund. Disbursements of the funds shall be on the authorization of the Department of Health and Human Services. In order to maintain an effective expenditure and revenue control, the funds are subject in all respects to State law and regulations, but no appropriation is required to permit expenditure of the funds. Programs contracted for under this Article are intended to prevent abuse and neglect of juveniles. Abuse and neglect prevention programs are defined to be those programs and services which impact on juveniles and families before any substantiated incident of abuse or neglect has occurred. These programs may include, but are not limited to: Community-based educational programs on prenatal care, perinatal bonding, child development, basic child care, care of children with special needs, and coping with family stress; and Community-based programs relating to crisis care, aid to parents, and support groups for parents and their children experiencing stress within the family unit. No more than twenty percent (20%) of each year's total awards may be utilized for funding State-level programs to coordinate community-based programs. History (1983, c. 894, s. 1; 1993 (Reg. Sess., 1994), c. 677, s. 1; 1998-202, s. 6; 2009-451, s. 10.43(b).) Editor's Note. - Session Laws 2004-124, s. 7.33(a) provides: "The Department of Public Instruction, in carrying out its duties and responsibilities under Article 13 of Chapter 7B of the General Statutes, shall collaborate with the Division of Social Services and with statewide child abuse and neglect prevention experts with regards to the following: "(1) Best practices in child abuse and neglect prevention programs and policies. "(2) Exploration of additional revenue sources for the protection of children in this State. "(3) Educational programs to ensure statewide awareness of the Children's Trust Fund, and its purpose and mission." Session Laws 2004-124, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2004'." Session Laws 2004-124, s. 33.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2004-2005 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2004-2005 fiscal year." Session Laws 2004-124, s. 33.5, contains a severability clause. Session Laws 2009-451, s. 10.43(a), provides: "The Children's Trust Fund, a program on prevention of abuse and neglect, is transferred from the Department of Public Instruction to the Division of Social Services in the Department of Health and Human Services, as if by a Type I transfer as defined in G.S. 143A-6, with all the elements of such a transfer." Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5 is a severability clause. Effect of Amendments. - Session Laws 2009-451, s. 10.43(b), effective July 1, 2009, in subsection (a), substituted "Department of Health and Human Services, through the Division of Social Services" for "State Board of Education, through the Department of Public Instruction" in the first sentence, and "Division of Social Services" for "Department of Public Instruction subject to the approval of the State Board of Education" in the second sentence; deleted former subdivision (b)(1), which read: "The Department of Public Instruction shall review applications and make recommendations to the State Board of Education concerning the awarding of contracts under this Article."; in subdivision (b)(2), substituted "Division of Social Services" for "State Board of Education" in the first and second sentences, in the first sentence, inserted "review applications and" and in the last sentence, substituted "Division of Social Services" for "Department of Public Instruction" twice, and deleted "as criteria in making recommendations to the State Board of Education" from the end; in subdivisions (b)(3) and (b)(4), substituted "Division of Social Services" for "State Board of Education with the assistance of the Department of Public Instruction"; in subdivision (b)(5), substituted "Division of Social Services" for "State Board of Education"; and, in subsection (c), substituted "Division of Social Services" for "State Board of Education" in the first and second sentences, and substituted "Department of Health and Human Services" for "State Board of Education or that Board's duly authorized representative" in the third sentence.