North Carolina § 7B-320 - Notification to individual determined to be a responsible individual.

§ 7B-320. Notification to individual determined to be a responsible individual.

After the completion of an investigative assessment response that results in a determination of abuse or serious neglect and the identification of a responsible individual, the director shall personally deliver written notice of the determination to the identified individual in an expeditious manner. If personal written notice is not made within 15 days of the determination and the director has made diligent efforts to locate the identified individual, the director shall send the notice to the individual by registered or certified mail, return receipt requested, and addressed to the individual at the individual's last known address. The notice shall include all of the following: A statement informing the individual of the nature of the investigative assessment response and whether the director determined abuse or serious neglect or both. A statement that the individual has been identified as a responsible individual. A statement summarizing the substantial evidence supporting the director's determination without identifying the reporter or collateral contacts. A statement informing the individual that unless the individual petitions for judicial review, the individual's name will be 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. A clear description of the actions the individual must take to seek judicial review of the director's determination. In addition to the notice, the director shall provide the individual with a copy of a petition for judicial review form. History (2005-399, s. 3; 2010-90, s. 5; 2013-129, s. 4; 2019-33, s. 3.) Editor's Note. - Session Laws 2005-399, s. 5, made this Article effective October 1, 2005, and applicable to investigative assessment responses initiated by county departments of social services on or after that date. Session Laws 2005-399, s. 3, enacted this section as G.S. 7B-312. It has been renumbered as this section at the direction of the Revisor of Statutes. Session Laws 2010-90, s. 5, substituted "Judicial Review" for "Expunction" in the Article heading. Session Laws 2013-129, s. 41, made the amendment to this section by Session Laws 2013-129, s. 4, applicable to actions filed or pending on or after October 1, 2013. Effect of Amendments. - Session Laws 2010-90, s. 5, effective July 11, 2010, rewrote the section catchline, which formerly read: "Notification to individual responsible for abuse or substantial neglect"; rewrote subsections (a) and (b); added subdivision (c)(1a); in subdivision (c)(3), inserted "unless the individual petitions for judicial review" and substituted "will be placed" for "has been placed"; rewrote subdivision (c)(4); and added subsection (d). Session Laws 2013-129, s. 4, effective October 1, 2013, in subsection (b), inserted "and the director has made diligent efforts to locate the identified individual" following "within 15 days of the determination" and substituted "notice to the individual by registered or certified mail, return receipt requested" for "notice to the identified individual by registered or certified mail, restricted delivery, return receipt requested"; and deleted "and instructions for how to file and serve the petition" following "form" in subsection (d). For applicability, see editor's note. Session Laws 2019-33, s. 3, effective October 1, 2019, in subsection (a), deleted "Within five working days" at the beginning and added "in an expeditious manner" at the end.