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responsible individuals list - NC DHHS Online Publications

1. It is important for you to be aware that unless your case decision has been changed to being unsubstantiated County Name Department of Social Services remains responsible for providing services to you and your family If you decide you are unwilling to accept services and the safety of your children becomes uncertain that could make it necessary for a juvenile petition seeking custody of your children to be filed Should you have any further questions please feel free to contact me at Sincerely Director STATE OF NORTH CAROLINA File No In the General Court of Justice District Court Division IN THE MATTER OF PETITION Name And Address of individual seeking expunction FOR EXPUNCTION From Responsible Individuals List G S 7B 323 Name of Juvenile determined by Agency to be g Abused or Seriously Neglected Child Abuse g Serious Neglect Pursuant to G S 7B 200 a 9 seek to invoke the jurisdiction of this Court Pursuant to G S 7B 323 file this petition to expunge my name from the responsible individuals list maintained by the N C Department of Health and Human Services 1 Pursuant to G S 7B 320 b received personal written notice of the results of the oO investigative assessment and the placement of my name on the responsible individuals list on or did not receive personal written notice of the results of the investigative assessment and placement of my name on the responsible individuals list but
2. E DIRECTOR DETERMINATION FIELDS 24 THROUGH 29 Fields 24 and 25 must be completed when the perpetrator is identified as a responsible individual and fails to file a petition for a Judicial Review Field 24 RIL Code ENTRY REQUIRED IF APPLICABLE SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 26 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 Enter the appropriate two digit code regarding the Director s determination using one of the following codes The Director s determination may be different than the type found of the case decision therefore the dates in Fields 11 Type Found and 24 RIL Code are not required to mirror each other Once there is an entry for this field it cannot be modified or changed by county users A modification to this field requires the submission of a DSS 5104d to the Division Code Value RIL Placement 1D Abuse RIL Placement Yes 2D Serious Neglect RIL Placement Yes 3D Abuse and Serious Neglect RIL Yes Placement 4D Abuse and or Neglect and Other Finding Yes RIL Placement 5D Serious Neglect and Neglect RIL Yes Placement 1D Abuse RIL Placement Yes 2D Serious Neglect RIL Placement Yes Field 25 Date of RIL Placement ENTRY REQUIRED IF APPLCABLE If there is a value in Field 24 this field is required Enter the da
3. North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 Code Value 41 44 Expungements 41 The individual was expunged from the Responsible Individuals List at the Director Level 42 The individual was expunged from the Responsible Individuals List at the District Attorney Level 43 The individual was expunged from the Responsible Individuals List at the Court Level 44 The individual was expunged from the Responsible Individuals List at an Adjudication Hearing 51 59 Modifications 51 RIL Indicator was modified to Abuse at the Director Level 52 RIL Indicator was modified to Serious Neglect at the Director Level 53 RIL Indicator was modified to Abuse and Neglect at the Director Level 54 RIL Indicator was modified to Abuse at the Court Level 55 RIL Indicator was modified to Neglect at the Court Level 56 RIL Indicator was modified to Abuse and Neglect at the Court Level 57 RIL Indicator was modified to Abuse at an Adjudication Hearing 58 RIL Indicator was modified to Serious Neglect at an Adjudication Hearing 59 RIL Indicator was modified to Abuse and Neglect at an Adjudication Hearing 61 64 Original Decision Upheld 61 The original decision to place the name on the RIL was upheld at the Director Level 62 The
4. serious neglect using the investigative assessment response Information from the Responsible Individuals List is available only to authorized person for the sole purpose of determining current or prospective employability In contrast the Central Registry is used to gather historical and statistical data on children who have been alleged or identified as victims of abuse neglect or dependency It is also used to gather historical and statistical data on parents guardians caretakers and custodians identified as perpetrators of abuse or neglect Access to the Central Registry is limited by North Carolina Laws and Administrative Rules and does not change as a result of the Responsible Individuals List At no time shall the Central Registry be used for determining employability Only identified individuals from the North Carolina Division of Social Services and county Departments of Social Services will have direct access to the Responsible Individuals List just as with current accessibility to the Central Registry System Information will continue to be entered into the Central Registry according to the Division s existing policy The perpetrators identified on the DSS 5104 a Report to Central Registry C P S Application are the same as the responsible individuals listed on the Responsible Individuals List When the type found code entered into the DSS 5104 a is a 1 Abuse a 3 Abuse and Neglect or a 2 Neglect whe
5. CPS Assessment has been substantiated based on the following As a result a case decision to substantiate or find abuse and or serious neglect has been made This substantiation also identifies you as a person responsible for the abuse and or serious neglect and with that comes the potential for your name to be placed on the Responsible Individuals List RIL The RIL is a list of individuals determined to be responsible for the abuse and or serious neglect of a juvenile Information from this list may be released to certain employers G S 7B 311 b such as child caring institutions child placing agencies group home facilities and other providers of foster care child care or adoption services including the Guardian Ad Litem Information released shall be used to determine current or perspective employability or fitness to care for children To request that a district court judge review the case decision identifying you as a person responsible for abuse and or serious neglect a petition for Judicial Review Responsible Individuals List AQC J 131 must be filed see the attached form North Carolina law G S 7B 323 states that this petition must be filed within 15 days from your receipt of this letter Should you choose to file a Judicial Review petition your name will not be placed on the RIL unless the court orders it If you chose not to file a Judicial Review petition within 15 days your name will automatically be placed on t
6. Judicial Review listed in Field 14 Entry of the DSS 5104a should be no later than 7 days from the date of that the order was signed SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 24 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 Once there is an entry for this field it cannot be modified or changed by county users A modification to this field requires the submission of a DSS 5104d to the Division D JUVENILE PETITION AOC J 130 FIELDS 19 THROUGH 23 Fields 19 through 23 must be completed when the local child welfare agency files a Juvenile Petition AOC J 130 alleging that the perpetrator has abused seriously neglected and or neglected a juvenile and that the perpetrator is a responsible individual Field 19 Date Juvenile Petition AOC J 130 Filed ENTRY REQUIRED IF APPLICABLE Enter the date in the eight digit numeric MMDDYYYY format that the local child welfare agency filed a Juvenile Petition alleging that the individual named on the petition has abused and or seriously neglected a juvenile and is the individual responsible for the abuse and or serious neglect Once there is an entry for this field it cannot be modified or changed by county users A modification to this field requires the submission of a DSS 5104d to the Division Field 20 Date of Adjudication ENTRY REQUIRED IF APPLCIABLE
7. REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 of the court s decision This date can not precede the date of the court hearing listed in Field 25 Field 29 Date of District Court Notice to the Division ENTRY REQUIRED 15 North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that the Division was notified of the Court s decision This date can not precede the date of the court decision listed in Field 28 Must be entered into the system no later than 5 days from the date of the District Court s decision This date will be auto filled on the date of entry Juvenile Petition Adjudication Hearing Fields 30 through 34 Fields 30 through 34 must be completed if during an Investigative Assessment it became necessary to file a juvenile petition alleging abuse or neglect prior to a case decision being made Fields 30 through 34 documents the decision of the court during an adjudication hearing Field 30 Date of Juvenile Petition ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that the juvenile petition was filed in district court This date can not be later than the date of the ca
8. RESPONSIBLE INDIVIDUALS LIST JUNE 2013 When the DSS 5104a is completed this field will automatically update based on the entry in Fields 16 22 and 24 which populate field 39 on the DSS 5104 Field 12 Date Notice to the Responsible Individual Delivered ENTRY REQUIRED Enter the date in the eight digit numeric MMDDYYYY format that the notice to the responsible individual was delivered This date cannot precede the Date of Case Decision listed in field 10 on the DSS 5104 C JUDICIAL REVIEW AOC J 131 HEARING FIELDS 13 THROUGH 18 The alleged responsible individual has 15 days from the delivery date of the case decision notice to file a petition requesting Judicial Review AOC J 131 Fields 13 18 will document the decision of the court and whether or not the alleged responsible individual s name will appear on the RIL Field 13 Date AOC J 131 Filed ENTRY REQUIRED IF APPLICABLE Enter the date in the eight digit numeric MMDDYYYY format that the Judicial Review Petition was filed by the alleged responsible individual This date can not be earlier than the date in Field 12 If there is a value in Field 19 Date AOC J 131 was filed no entry may be made Once there is an entry for this field it cannot be modified or changed by county users A modification to this field requires the submission of a DSS 5104d to the Division Field 14 Date of Judicial Review ENTRY REQUIRED IF APPLICABLE If there is a value entered in Fiel
9. as provided for in G S 7B 324 as your hearing in court will also serve as your expunction hearing Should you have any further questions please feel free to contact me at Sincerely Social Worker Supervisor
10. by their social security number Key 4 as the selection then the SSN as the key RILOLOFM RESPONSIBLE INDIVIDUAL LIST 09 23 2011 MAIN MENU 13 06 22 OPTIONS DESCRIPTION DSS 5104A INQUIRY NUMBER DSS 5104A UPDATE NUMBER DSS 5104A ENTRY FORM NUMBER SEARCH BY SSN CINQUIRY UPDATE S SN SEARCH BY NAME CINQUIRY UPDATE LAST FIRST MI ADMINISTRATIVE MENU RETURN TO CENTRAL REGISTRY OPTION KEY 111221111 PF3 CENTRAL REGISTRY MAIN MENU PF4 LOGOFF RIL1010 SELECT OPTION amp ENTER REQUIRED FIELDS E 200 1 Results will display as shown below Users may select a specific record for Inquiry I or Update U depending on their access level RILOSOFM RESPONSIBLE INDVIDUAL LIST REGISTER 09 23 2011 SOCIAL SECURITY NUMBER SEARCH 15 23 55 S FORM tere ie vere AMEY Ye te Ye te te te te at ve we SSN DOB S RL RPT DATE CASE DEC 000014 PERPETRATOR FIRST 111221111 06011979 1 1D 06012011 06302011 NEW SEARCH gt I CLIENT INQUIRY U CLIENT UPDATE PF3 PREV MEMU PF7 PAGE BACK PF8 PAGE FORWARD RIL5008 NO MORE NAMES ga 00 3 Name Search this option is used to search for a responsible individual by name Key 5 as the selection then the individual s last name first name first initial as the key Do not leave spaces between the names Wildcard searches may also be performed by entering a partial name and as shown below SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 19 of 28 NORTH CAROLI
11. determine that your family is unwilling to accept critically needed services or despite its efforts to provide services no progress toward providing adequate care that ensures the safety of the child has been made the option to seek legal judicial intervention is still available to the agency If at anytime during the review process you are named as a responsible person in a juvenile court proceeding regarding the same incident that is under review the review process will be stopped until the court proceeding is completed Should you have any further questions please feel free to contact me at Sincerely Director Attachment 5 Notification by the Director Expunging the Responsible Individuals Name Date Name Address City State Zip Dear On date _ County Name County Department of Social Services received your request to review the decision to place your name on the Responsible Individuals List RIL as a person who is responsible for abusing or seriously neglecting child ren The case record has been reviewed and a decision has been made to remove your name from the Responsible Individuals List The RIL will reflect that the case decision has been changed from to and your name can no longer be released to potential employers or to others who have a responsibility to ensure that anyone who works or volunteers around children is responsible for the abuse or serious neglect of a child This determination is based on
12. number and press enter This will display the 5104 a Since this is an inquiry changes will not be allowed SSN Search Name Search Soundex Name Search SSN Search When using the Social Security Number Search to query the Responsible Individuals List the person s accurate social security number must be entered The search results will only return results that have an exact match When using the SSN Search data entry will key 3 as the selection and the social security number as the key Name Search When using the Name Search to query the Responsible Individuals List the individual s last name and first name must be entered It is critical to put a comma and a space between the last name and the first name or no results will appear the search results will only return results that have an exact match When using the Name Search data entry will key 4 as the selection and the last name first name as the key North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 Soundex Name Search When using the Soundex Name Search to query the Responsible Individuals List a last name is required and at least the first letter of the first name is needed The results will return all names that sound similar to the requested name Again make sure to separate the victim s last na
13. original decision to place the name on the RIL was upheld at the District Attorney Level 63 The original decision to place the name on the RIL was upheld at the Court Level also includes Dismissed petitions and other court actions 64 The original decision to place the name on the RIL was upheld at an Adjudication Hearing Request for Expunction Director Review Fields 13 through 18 Fields 13 through 18 must be completed if the Responsible Individual appeals to the County Director for review Except for Field 16 which is only required if the Director chooses to modify the the status of the responsible individual on the RIL all fields must be completed before the data can be entered into the system Once Fields 13 through 18 are complete a turnaround form will be generated which should be kept in the case record Field 13 Date Director Request Received ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that the Director received the request to expunge the individual from the Responsible Individuals List This date can not precede the date the notice was delivered to the Responsible Individual listed in Field 12 Field 14 Date of Director Decision ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that the Director reached their decision regarding whether the individual should be 11 North Carolina Divi
14. provide the mailing address for the Director of the county that conducted the assessment In cases where the assessment was conducted by another county provide the mailing address for the Director of the county that conducted the assessment In cases where there was a conflict add this sentence Remember that county name Department of Social Services conducted your assessment so you need to send your request there Within 15 working days the Director should let you know if he will take your name off the list If the Director does not take your name of the list or does not_ respond to your request to take your name off the list you have two more options You may then ask the District Attorney or the District Court to have your name removed from the list These two options are explained below Attachment 3 Personal Written Notice to the RI 2 To request the District Attorney to review your case you must make that request no more than 30 days from the date the director should send you notice of his decision no letter from the director is a refusal to take your name off the list and in writing You will need to provide the District Attorney your name the name of the child and both or your dates of birth and address Please send the request to Provide the name and address for the District Attorney The District Attorney should let you know within 30 days if he will take your name off the list If the District Attorney does not agr
15. s case decision should be made as soon as sufficient information has been gathered that allows the agency to make a case decision ELIGIBILITY SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 13 of 28 Vil NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 G S 7B 324 a establishes criteria for when an individual alleged to be a responsible individual is not eligible to petition AOC J 131 for a Judicial Review and states An individual who has been identified by a director as a responsible individual may not petition for judicial review if any of the following apply 1 The individual is criminally convicted as a result of the same incident The district attorney shall inform the director of the result of the criminal proceeding 2 The individual is a respondent in a juvenile court proceeding regarding abuse or serious neglect resulting from the same incident that concludes with an adjudication of abuse or serious neglect and a determination that the individual has abused or seriously neglected the juvenile and is a responsible individual 3 After proper notice the individual fails to file for judicial review with the district court in a timely manner This same statutes allows that at any time during the Judicial Review process an individual seeking the Judicial Review is named as a respondent in a juven
16. search for a Responsible Individual by name For the option the individual s last name and first name must be entered This option will display all names that match and are similar to the name entered Logoff To logoff press the F3 key twice At the blank screen key in logoff and press enter This will take you back to the main state banner screen Update by RIL Form Number After a CPS assessment has been completed a DSS 5104 paper form must be completed Once completed the information from the form is keyed into the Central Registry System When the type found code entered into the DSS 5104 is a 1 Abuse a 3 Abuse and Neglect or a 2 Neglect where at least one Serious block is checked by a Neglect maltreatment type and the RI Field on the DSS 5104 indicates that a perpetrator should be placed on the Responsible Individuals List the current fields for the perpetrator s information North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 county number Central Registry form number date of initial report date of case decision type found and type of maltreatment found will automatically populate to corresponding fields in the Responsible Individuals List County staff members do not have to enter this information more than once An automated turnar
17. that the name is to be placed on the RIL the Central Registry will automatically be updated when the DSS 5104a is entered to reflect the decision of the court on the Juvenile Petition AOC J 130 Should the alleged responsible individual fail to file a Judicial Review petition AOC J 131 within the timeframe allowed 15 business days the original decision of the Director stands and staff will enter information regarding the original decision of the Director to identify the SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 14 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 perpetrator as a responsible individual Fields 24 26 The Central Registry will automatically be updated to reflect the decision of the Director when the DSS 5104a is entered When the DSS 5104a is initially opened for data entry Fields 1 11 will be auto populated from the case in the Central Registry DSS 5104 The remaining fields document the process of placing the name of the alleged responsible individual on the RIL The form is meant to provide as accurate a timeline as possible and tracks events that occurred The form is updated as needed and only submitted to the North Carolina Division of Social Services once the appropriate processes are complete Due to system requirements the agency will not be able to enter information as it becomes
18. to receive information from the Responsible Individuals List are individuals whose job functions include administration of the Responsible Individuals List and provision of information from the List to other authorized persons as identified by the Director of the North Carolina Division of Social Services A individuals as identified by the Directors of county Departments of Social Services B individuals as identified by the Director of the Division of Child Development for child caring institutions C any Executive Director or program administrator of a child placing agency licensed by the State of North Carolina or another state or that state s agency D individuals as identified by the Director of the Division of Health Service Regulation for group home facilities E any Executive Director or program administrator of other providers of foster care child care and adoption services determined by the Department of Health and Human Services F the Administrator for the State Guardian Ad Litem program and G any Executive Director or program administrator of other private or non profit agencies that care for children Personal written notice means delivery in person of the case decision to the responsible individual by the social worker Serious neglect means conduct behavior or inaction that evidences a disregard of consequences of such magnitude as to constitute an unequivocal danger to a child s health w
19. who has been abandoned or who is not provided necessary medical care or who is not provided necessary remedial care or who lives in an environment injurious to the juvenile s 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 that 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 regularly lives in the home 3 Abuse and A situation in which both abuse and neglect are found Neglect Substantiated Field 12 Date Notice to the Responsible Individual Delivered ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that the notice to the Responsible Individual was delivered This date can not precede the Date of Case Decision listed in Field 10 Requests for Expunction There are four ways in which an individual placed on the RIL can request expunction The expunction process and the results will be tracked with the DSS 5104a If an expunction request has been made regardless of the final outcome the value in Field 38 on the DSS 5104 will be automatically updated to indicate what type of decision was made The update to Field 38 will be automatic based on the information entered on the DSS 5104a 10
20. 04 is a 1 Abuse a 3 Abuse and Neglect or a 2 Neglect where at least one Serious block is checked by a Neglect maltreatment type and the RI field indicates that a perpetrator should be placed on the Responsible Individuals List If the information is incorrect it must be updated in the Central Registry system using the Central Registry form number for which the Responsible Individual appears on the list Field 12 must be completed by the social worker and entered into the Responsible Individuals List on the date that the required notice was delivered to the Responsible Individual Field 7 County ENTRY REQUIRED The County code will be automatically retrieved from the Central Registry It will be displayed using one of the following two 2 digit codes North Carolina Division of Social Services Family Services Manual Volume Children s Services Chapter VIII Protective Services 1427 ATTACHMENT 1 __CResponsible Individuals List User Manual __04 2008 Co Co Name Co Co Name Co Co Name Co Co Name 01 Alamance 26 Cumberland 51 Johnston 76 Randolph 02 Alexander 27 Currituck 52 Jones 77 Richmond 03 Alleghany 28 Dare 53 Lee 78 Robeson 04 Anson 29 Davidson 54 Lenoir 79 Rockingham 05 Ashe 30 Davie 55 Lincoln 80 Rowan 06 Avery 31 Duplin 56 Macon 81 Rutherford 07 Beaufort 32 Durham 57 Madison 82 Sampson 08 Bertie 33 Edgecombe 58 Martin 83 Scotland 09 Bladen 34 Forsyth 59 McDowell 84 Stanly 10 Brunswick
21. 1 CYA001FM DATE 04 04 2008 TIME 15 35 56 STATE OF NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES CENTRAL REGISTRY SELECTION MENU FUNCTION KEY SELECTIONS DSS 5104 ENTRY 1 DSS 5104 INQUIRY FORM NUMBER 2 DSS 5104 CHANGES FORM NUMBER 3 VICTIM NAME DISPLAY LAST FIRST MI SOUNDEX VICTIM NAME DISPLAY LAST FIRST PERPETRATOR NAME DISPLAY LAST FIRST MI ADMINISTRATIVE MENU FATALITIES MENU RIL MENU SELECTION KEY CYA261 PLEASE MARK A SELECTION 18 North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 From the Central Registry Selection Menu enter 9 in the SELECTION field Press ENTER The Responsible Individual List Main Menu displays CYAO50FM RESPONSIBLE INDIVIDUAL LIST 04 04 2008 MAIN MENU 08 33 54 OPTIONS DESCRIPTION UPDATE BY RIL CLIENT RIL NUMBER INQUIRY BY RIL CLIENT RIL NUMBER SSN SEARCH UPDATE AND BROWSE SSN NAME SEARCH UPDATE AND BROWSE LAST FIRST MI CENTRAL REGISTRY MENU NONE RIL INQUIRY TRANSACTION TRACKING RIL NUMBER OPTION 6 KEY XXXXXX PF4 EXIT RIL SELECT OPTION B From the Responsible Individual List Main Menu enter 6 in the OPTION field and a valid six digit RIL Number in the KEY field Press ENTER The Responsible Individual List Transaction Tracking Inquiry Screen displays CYA070FM RESPONSIBLE INDIVIDUAL LIST DATE 4 04 2008 TRANSA
22. 23 2011 PERPETRATOR DISPLAY 13 00 36 CYA FORM N15654 SEL DOB SSN RIL PERPETRATOR FIRST 06011979 111221111 010 s PERPETRATOR SECOND 06011983 333113333 010 PERPETRATOR THIRD 06011989 55225555 00 ENTER S NEXT TO PREPETRATOR SELECTION F3 PREV SCREEN PF10 CANCEL RIL4009 PERPS DISPLAYED PERPCS ELIGIBLE FOR ENTRY ARE IN WHITE oa f 00 1 Once a perpetrator has been selected the DSS 5104a screen will display with Fields 1 12 auto populated from the Central Registry The RIL form number will be displayed at the top left of the screen RILOOOFM RESPONSBILE INDIVIDUAL LIST DATE 09 23 2011 RIL ENTRY 13 17 45 RIL FORM RESPONSIBLE INDIVIDUAL LAST NAME FIRST NAME MI DOB AGE RACE SEX SSN INVESTIGATIVE ASSESSMENT FINDINGS CTY CYA FORM INITIAL REPORT CASE DECISION RIL IND NOTICE DEL JUDICIAL REVIEW CAOC 3 131 HEARING DATE 3131 FILED JUD REV DATE DIR DETERM JR DETERM JR SIGNED JUVENILE PETITION CAOC J 130 DATE J130 FILED DATE ADJUDICATION ADJ FIND RIL FIND JP SIGNED ORIGINAL RIL INDICATOR STATUS DSS 5104 RIL CODE DATE RIL PLACEMENT DATE CRIM CONVICTION PF3 PREV SCREEN PF9 CONFIRM PF1O CANCEL RIL4015 ENTER DSS 5104A DATA c 00 When all of the information regarding the perpetrator has been entered the message DSS 5104 VALIDATED PF9 ADD TO RIL OR PF10 CANCEL RIL will display at the bottom of the screen The user will be returned to the RIL entry screen and the message FORM PROCESSED PERP S IN GREE
23. 35 Franklin 60 Mecklenburg 85 Stokes 11 Buncombe 36 Gaston 61 Mitchell 86 Surry 12 Burke 37 Gates 62 Montgomery 87 Swain 13 Cabarrus 38 Graham 63 Moore 88 Transylvania 14 Caldwell 39 Granville 64 Nash 89 Tyrrell 15 Camden 40 Greene 65 New Hanover 90 Union 16 Carteret 41 Guilford 66 Northampton 91 Vance 17 Caswell 42 Halifax 67 Onslow 92 Wake 18 Catawba 43 Harnett 68 Orange 93 Warren 19 Chatham 44 Haywood 69 Pamlico 94 Washington 20 Cherokee 45 Henderson 70 Pasquotank 95 Watauga 21 Chowan 46 Hertford 71 Pender 96 Wayne 22 Clay 47 Hoke 72 Perquimans 97 Wilkes 23 Cleveland 48 Hyde 73 Person 98 Wilson 24 Columbus 49 Iredell 74 Pitt 99 Yadkin 25 Craven 50 Jackson 75 Polk 00 Yancey Field 8 Central Registry Form Number ENTRY REQUIRED The Central Registry Form Number associated with the event that placed the Responsible Individual on the list will be automatically retrieved from the Central Registry Field 9 Date of Initial Report ENTRY REQUIRED The Date of Initial Report associated with the event that placed the Responsible Individual on the list will be automatically retrieved from the Central Registry Field 10 Case Decision ENTRY REQUIRED The Date of Case Decision associated with the event that placed the Responsible Individual on the list will be automatically retrieved from the Central Registry Field 11 Type Found ENTRY REQUIRED The Type Found code associated with the event that placed the Responsible Individual on the l
24. CTION TRACKING INQUIRY SCREEN TIME 08 32 48 FORM xx3884 PLACE AN BESIDE THE DESIRED TRANSACTION AND PRESS ENTER TRANSACTION USER TRANSACTION USER SEL DATE TIME ID SEL DATE TIME ID 20071015 17 09 41 HRSSxxx 20080331 08 53 59 TS3xxxx 20080331 08 57 01 TS3xxxx _ 20080331 09 11 33 TS3xxxx PF3 MAIN MENU ENTER INQUIRY PF7 PAGE BACK PF8 PAGE FORWARD CYA705 END OF HISTORICAL RIL FORMS REQUESTED FOR DISPLAY 19 North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 C To select a transaction enter I Inquiry to the left of the transaction under the SEL column Press ENTER The RESPONSIBLE INDIVIDUAL LIST REGISTER RIL INQUIRY TRACKING screen displays The RIL INQUIRY TRANSACTION TRACKING SCREEN displays transactions related to the RIL form keyed and displays a maximum of 26 transactions per page CYA075FM RESPONSBILE INDIVIDUAL LIST REGISTER DATE 04 04 2008 ACTION RIL INQUIRY TRACKING TIME 12 45 07 RIL FORM XXXXXX DATE 20080331 TIME 09 43 49 USER XXXXXXX RESPONSIBLE INDIVIDUAL LAST NAME FIRSTNAME MI DOB AGE RACE SEX SSN INVESTIGATIVE ASSESSMENT FINDINGS CTY CYAFORM INITIAL REPORT CASE DECISION RIL CODE NOTICE DEL REQUEST FOR EXPUNCTION DIRECTOR REVIEW REQUEST REC D DECISION DT DECISION MOD TYPE NOTICE IND NOTICE DIV REQUEST FOR EXPUNCTION DISTRICT ATTORNEY REVIEW REQ
25. HANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 RIL1010 SELECT OPTION amp ENTER REQUIRED FIELDS 1 Menu Options e DSS 5104a Inquiry allows the RIL form number to be entered to view the RIL entry Key 1 as the selection followed by the RIL form number This will display the DSS 5104a record The Inquiry function displays a view only screen and no changes or updates may be made SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 16 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 RILO20FM RESPONSBILE INDIVIDUAL LIST DATE 09 26 2011 RIL INQUIRY 09 33 53 RIL FORM O RESPONSIBLE INDIVIDUAL LAST NAME FIRST NAME MI DOB AGE RACE SEX SSN INVESTIGATIVE ASSESSMENT FINDINGS CTY CYA FORM INITIAL REPORT CASE DECISION RIL IND NOTICE DEL JUDICIAL REVIEW CAOC J 131 HEARING DATE J131 FILED JUD REV DATE DIR DETERM JR DETERM JR SIGNED JUVENILE PETITION CAOC J 130 DATE J130 FILED DATE ADJUDICATION ADJ FIND RIL FIND JP SIGNED ORIGINAL RIL INDICATOR STATUS DSS 5104 RIL CODE DATE RIL PLACEMENT DATE CRIM CONVICTION PF3 PREV SCREEN PF9 CONFIRM PF10 CANCEL RIL2003 DISPLAYED ENTER NEW RIL OR PF3 EXIT e DSS 5104a Update This field allows for the updating of the RIL record Key 2 as the selection followed by the RIL form number This will display the DSS 5104a record Only those fiel
26. If there is a value in Field 19 this field is required Enter the date in the eight digit numeric MMDDYYYY format that the District Court reached a decision regarding whether or not the individual should be identified as a responsible individual This date cannot precede the date listed in Field 19 Once there is an entry for this field it cannot be modified or changed by county users A modification to this field requires the submission of a DSS 5104d to the Division Field 21 Adjudication Findings ENTRY REQUIRED IF APPLCIABLE If there is a value in Field 19 this field is required Enter the appropriate two digit code regarding the court s determination using one of the following codes Code Value 00 Dismissed No Adjudication 01 Abuse 02 Neglect 03 Abuse and Neglect 04 Dependency 05 Serious Neglect 06 Abuse and Serious Neglect 07 Serious Neglect and Neglect SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 25 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 Once there is an entry for this field it cannot be modified or changed by county users A modification to this field requires the submission of a DSS 5104d to the Division Field 22 Juvenile Petition RIL Finding ENTRY REQUIRED IF APPLCABLE If there is a value in Field 19 this field is require
27. N ENTER NEW CYA FORM OR PF3 EXIT will be displayed If there are additional perpetrators from the DSS 5104 that should be added to the RIL they may be selected and added If all perpetrators that are Responsible Individuals have been added hit PF3 to return to the main menu When all perpetrators on the DSS 5104 have had a DSS 5104a entered the message ALL PERPETRATORS OF THIS FORM HAVE BEEN ADDED will be displayed Note Not all perpetrators on a particular DSS 5104 should necessarily have an associated DSS 5104a There should only be one DSS 5104 entered for the assessment which should include all perpetrators however some perpetrators may not be appropriate for placement on the RIL In that case simply do not key a DSS 5104a for those perpetrators and they will continue to show in white SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 18 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 Note Only those DSS 5104s that have at least one type found of 1 Abuse 2S Serious Neglect 3 Abuse and Neglect or 3S Abuse and Serious Neglect or 2N Serious Neglect and Neglect are eligible for entry in RIL If none of these values are present an error message FORM DOES NOT PERMIT RIL ENTRY will appear SSN Search This option is used to search for a responsible individual
28. NA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 RILOLOFM RESPONSIBLE INDIVIDUAL LIST 09 23 2011 MAIN MENU i r OPTIONS DESCRIPTION DSS 5104A INQUIRY NUMBER DSS 5104A UPDATE NUMBER DSS 5104A ENTRY FORM NUMBER SEARCH BY SSN CINQUIRY UPDATE SSN SEARCH BY NAME CINQUIRY UPDATE LAST FIRST MI ADMINISTRATIVE MENU RETURN TO CENTRAL REGISTRY OPTION KEY Perpet PF3 CENTRAL REGISTRY MAIN MENU PF4 LOGOFF RIL1010 SELECT OPTION amp ENTER REQUIRED FIELDS cea 300 1 Results will be shown as below Users may select a specific record for Inquiry I or Update U depending on their access level RILOGOFM RESPONSIBLE INDVIDUAL LIST REGISTER 09 23 2011 CLIENT NAME SEARCH 15 28 56 S FORM 22 2 NAMES Era REEE SSN DOB S RL RPT DATE CASE DEC 000014 PERPETRATOR FIRST 111221111 06011979 1 1D 06012011 06302011 000011 PERPETRATOR PERP 888888888 05011983 1 1D 05012011 05202011 000015 PERPETRATOR SECOND 333113333 06011983 2 1D 06012011 06302011 NEW SEARCH gt I CLIENT INQUIRY U CLIENT UPDATE PF3 PREV SCREEN PF7 PAGE BACK PF8 amp PAGE FORWARD RIL6006 SELECTION MUST BE EITHER I OR U REENTER pa ie c00 1 e Administrative Menu allows for functions not available to all users e Return to Central Registry Key 7 to return to the Central Registry Log off allows the user to log
29. NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 1427 RESPONSIBLE INDIVIDUALS LIST TABLE OF CONTENTS l INTRODUCTION ll DEFINITIONS Ili RESPONSIBLE INDIVIDUALS LIST STATUTE IV OUT OF STATE SITUATIONS V JUDICIAL REVIEW A CASE DECISION NOTIFICATION B PERSONAL WRITTEN NOTIFICATION C PETITION FOR JUDICIAL REVIEW 1 DIRECTOR S REVIEW AND DETERMINATION D JUDICIAL REVIEW PROCESS 1 JUDICIAL DETERMINATION 2 EXTRAORDINARY CIRCUMSTANCES E JUDICIAL INVOLVEMENT PRIOR TO CASE DECISION 1 JUDICIAL FINDINGS 2 CASE DECISION Vi ELIGIBILITY VII DSS 5104A FORM COMPLETION FIELDS AND CODES SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 1 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 l INTRODUCTION The development of the Responsible Individuals List RIL is a direct result of federal requirements under the Child Abuse Prevention and Treatment Act CAPTA Section 106 a The CAPTA grant requires each state to establish procedures for individuals found to have abused or neglected a juvenile the ability to appeal that decision Non compliance with this requirement could impact the receipt of CAPTA funds During the 2005 2006 North Carolina Legislative Session Session Law 2005 399 HB 661 w
30. UEST REC D DECISION DT DECISION NOTICE IND NOTICE DIV PETITION FOR EXPUNCTION DISTRICT COURT PETITION DT HEARING DT DECISION MOD TYPE DECISION DT CRT NOTICE JUVENILE PETITION ADJUDICATION HEARING PETITION DATE ADJ DISP TYPE COURT ADJ COURT DISP DATE ADJ NOTICE TO DIV PF3 MAIN MENU PF5 SEARCH INQUIRY PF7 PREV TRANS PF8 NEXT TRANS CYA702 ALL HISTORY INFORMATION IS NOT AVAILABLE FROM FORM PERP TABLES 100 1 ACTION This field indicates what type of action was keyed to create the transaction The following Action Types display on the RESPONSIBLE INDIVIDUAL LIST REGISTER RIL INQUIRY TRACKING screen ADD displays if the CR and RIL code keyed was 10 20 or 30 PERP DELETE displays if the perpetrator is deleted from an existing CR DSS 5104 case or when an RIL form is deleted within the RIL Update Menu CASE DELETE displays if the CR DSS 5104 case is deleted via the Administrative Menu Report Delete function CR UPDATE displays when the case is updated in the CR via DSS 5104 UPDATE displays when a case is updated in the RIL system via DSS 5104a 2 DATE The date the transaction was keyed displays in the DATE field 20 North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services _ CSCSC R pn lee Individuals List User Manual 04 2008 3 TIME The time the transaction was keyed displays in the TIME field 4 USER The user id of the
31. as passed This law authorizes the North Carolina Department of Health and Human Services DHHS to establish a list of individuals responsible for the abuse and or serious neglect of a juvenile to define serious neglect and to establish a process for expunction from that list However on March 2 2010 the N C Court of Appeals ruled that the statutory provisions that permitted an individual s name to be placed on the Responsible Individuals List RIL without the opportunity for a Judicial Review hearing were un constitutional As a result of the court of appeals decision No COA09 205 Session Law 2009 507 SB 567 was enacted It is now required that an individual identified as responsible for the abuse or serious neglect of a child have an opportunity for a Judicial Review before their name goes on the RIL This policy outlines procedures regarding a responsible individual s request for a Judicial Review of the local department of social services decision to substantiate abuse abuse and neglect and or serious neglect neglect and the decision to place the name on the RIL G S 7B 302 a states after the completion of an Investigative Assessment 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 this is interpreted to mean that when a case decision is made to substantia
32. atino 06 American Indian or Alaskan Native Hispanic or Latino 07 Asian Non Hispanic or Latino 08 Asian Hispanic or Latino 09 Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 10 Native Hawaiian or Other Pacific Islander Hispanic or Latino 11 Unable to Determine Non Hispanic or Latino 12 Unable to Determine Hispanic 13 White Black Non Hispanic or Latino 14 White Black Hispanic or Latino 15 White American Indian or Alaskan Native Non Hispanic or Latino 16 White American Indian or Alaskan Native Hispanic or Latino 17 White Asian Non Hispanic or Latino 18 White Asian Hispanic or Latino 19 White Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 20 White Native Hawaiian or Other Pacific Islander Hispanic or Latino 21 Black American Indian or Alaskan Native Non Hispanic or Latino 22 Black American Indian or Alaskan Native Hispanic or Latino 23 Black Asian Non Hispanic or Latino 24 Black Asian Hispanic or Latino 25 Black Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 26 Black Native Hawaiian or Other Pacific Islander Hispanic or Latino 27 American Indian or Alaskan Native Asian Non Hispanic or Latino 28 American Indian or Alaskan Native Asian Hispanic or Latino 29 American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 30 American Indian or Alaskan Native Native Hawaiian or Other Pacific Islande
33. available but must wait until each process is complete before keying For instance in cases where a Judicial Review is filed the date the AOC J 131 is filed Field 13 cannot be keyed until the information for Date of Judicial Review Field 14 Director Determination Field 15 JR Determination Field 16 and Date Judicial Review Signed Field 18 is also available The Juvenile Petition path also cannot be completed until all information is available The single exception is in cases where the Director is responsible for placing someone on the RIL Fields 24 RIL Code and 25 Date of RIL placement should be keyed as soon as possible and not be held until the Responsible Individual has been criminally convicted if applicable The system will allow the Date of Criminal Conviction Field 28 to be keyed at a later time NOTE Family Assessments do not identify a perpetrator so no Family Assessment finding will be captured on the DSS 5104a A RESPONSIBLE INDIVIDUALS LIST FUNCTIONS The RIL can be accessed through the Central Registry system main menu by selecting Option 9 SY01 CYAOO1FM DATE 09 23 2011 TIME 12 53 47 STATE OF NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES CENTRAL REGISTRY SELECTION MENU FUNCTION KEY SELECTIONS The RIL menu has 7 functions SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 15 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES C
34. became aware that my name was included on the responsible individuals list on by and therefore request a review pursuant to G S 7B 323 e in the interest of justice or for extraordinary circumstances as follows Pursuant to 7B 321 a have previously requested the director who determined the abuse or serious neglect to expunge my name from the responsible individuals list in writing and delivered the request in person or certified mail on Pursuant to G S 7B 321 b The director determined that there was substantial evidence oO gathered during the investigative assessment to support a determination of abuse or serious neglect and my identification as a responsible individual and refused my request for expunction from the responsible individuals list on L I did not receive a written response from the director to my request for expunction within 15 working days pursuant to G S 7B 321 c 4 O Pursuant to G S 7B 322 a have previously requested the district attorney of the prosecutorial district in which the abuse or serious neglect report arose to review the director s decision not to expunge my name from the responsible individuals list submitted this request on Pursuant to G S 7B 322 d received notice from the district attorney of the decision not to expunge my name from the responsible individuals list received this response on or Pursuant to G S 7B 323 have elected to proceed with this petition for expunctio
35. ce of cancellation given to the petitioner Following the determination by the director that there is NOT sufficient evidence to support that the individual abused and or seriously neglected the juvenile AND the individual is a responsible individual the local child welfare agency will be unable to place the individual s name on the RIL A Conflict of Interest When another county as a result of a Conflict of Interest conducts the CPS Investigative Assessment the request for SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 10 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 Judicial Review AOC J 131 must be made to the District Court in the county where the abuse and or serious neglect arose and that would have child welfare jurisdiction or in other words where the incident occurred However it is the director of the county that made the case decision RIL placement decision who is responsible for this review by the director and for participating in the Judicial Review D JUDICIAL REVIEW PROCESS AOC J 131 Throughout the Judicial Review process the rights of the alleged responsible individual and the director shall be preserved These rights include the right to present sworn evidence law or rules the right to represent themselves or obtain the services of an attorney at their own expense an
36. cement of the alleged_responsible individual s name on the RIL 1 DIRECTOR S REVIEW AND DETERMINATION Once notified that a Judicial Review has been calendared the director shall review all records reports and other information gathered and used during the CPS Assessment case decision process If after reviewing the information gathered the director determines that there is NOT sufficient evidence to support a determination that the individual abused and or seriously neglected the juvenile AND that the individual is a responsible individual the director shall prepare a written statement of the director s determination and deliver it to When making a determination that there was not sufficient evidence to support a determination of abuse and or serious neglect but that a finding of neglect and or dependency was also made as a part of the original case decision the statement provided to the individual and the clerk of court shall include language that indicates the agency will continue to work with the family on an involuntary basis without the name being placed on the RIL The individual seeking a Judicial Review The letter can be delivered in person or by first class mail e The clerk of the District Court is responsible for the calendaring the Judicial Review so that the letter can be placed in the court file The clerk of court upon receipt of the director s letter will cancel the Judicial Review G S 7B 323 with noti
37. ck American Indian or Alaskan Native Asian Hispanic or Latino 47 Black American Indian or Alaskan Native Native Hawaiian Non Hispanic or Latino 48 Black American Indian or Alaskan Native Native Hawaiian Hispanic or Latino 49 Black Asian Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 50 Black Asian Native Hawaiian or Other Pacific Islander Hispanic or Latino 51 American Indian Asian Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 52 American Indian Asian Native Hawaiian or Other Pacific Islander Hispanic or Latino 53 White Black American Indian Asian Non Hispanic or Latino 54 White Black American Indian Asian Hispanic or Latino 55 White Black American Indian Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 56 White Black American Indian Native Hawaiian or Other Pacific Islander Hispanic or Latino 57 White Black Asian Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 58 White Black Asian Native Hawaiian or Other Pacific Islander Hispanic or Latino 59 White American Indian Asian Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 60 White American Indian Asian Native Hawaiian or Other Pacific Islander Hispanic or Latino 61 Black American Indian Asian Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 62 Black American Indian Asian Native Hawaiian or Other Pacific Islander Hispanic or Latino 63 White Black Am
38. d Enter the appropriate two digit code regarding the court s determination using one of the following codes Code Value RIL Placement OA Dismissed No Adjudication No 1A Abuse RIL Placement Yes 2A_ Serious Neglect RIL Placement Yes 3A_ Abuse and Serious Neglect RIL Placement Yes 4A Abuse and Neglect RIL Placement Yes 5A Serious Neglect and Neglect RIL Placement Yes 9A Adjudication No RIL Placement No Code 9A refers to the Judicial Petition adjudication of abuse serious neglect abuse and neglect abuse and serious neglect serious neglect and neglect neglect and or dependency without the placement of the individual on the RIL This entry will auto populate to Field 39 on the DSS 5104 Once there is an entry for this field it cannot be modified or changed by county users A modification to this field requires the submission of a DSS 5104d to the Division Field 23 Date Adjudication Order Signed ENTRY REQUIRED IF APPLCABLE Enter the date in the eight digit numeric MMDDYYYY format that judge signed the adjudication order that placed the name on the RIL This date cannot precede the date listed in Field 20 Entry of the DSS 5104a should be no later than 7 days from the date of that the order was signed Once there is an entry for this field it cannot be modified or changed by county users A modification to this field requires the submission of a DSS 5104d to the Division
39. d the right to subpoena witnesses cross examine witnesses of the other party and make a closing argument The director has the burden of proving by a preponderance of the evidence evidence to support a determination that the case decision of abuse and or serious neglect and placement of the person s name on the RIL is correct The rules of evidence in civil cases still apply However upon judicial determination other reliable and relevant evidence may be admissible Because the nature of this hearing is very different the social worker should be prepared to give personal testimony and or to provide the case record if requested This hearing shall be before a judge without a jury The Judicial Review involves the alleged responsible individual and the director as parties to the action The Judicial Review does not permit the involvement of a Guardian Ad Litem in this type of hearing pursuant to G S 7B 601 1 JUDICIAL DETERMINATION G S 7B 323 D If during the Judicial Review process the Judge establishes by a preponderance of the evidence that any case decision combination of abuse neglect and or serious neglect and the identification of the individual as a responsible individual is correct the director shall place the name of the individual on the RIL Should the court determine that there was insufficient evidence to establish by preponderance that the alleged responsible individual was the person responsible for ren
40. d 13 this is a required field Enter the date in the eight digit numeric MMDDYYYY format that the Judicial Review hearing was held Once there is an entry for this field it cannot be modified or changed by county users A modification to this field requires the submission of a DSS 5104d to the Division Field 15 Director Determination ENTRY REQUIRED IF APPLICABLE If there is a value entered in Field 13 this is a required field Enter the appropriate two digit code regarding the Director s determination regarding the appropriateness of the case decision using one of the following codes Once there is an entry for this field it cannot be modified or changed by county users A modification to this field requires the submission of a DSS 5104d to the Division SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 23 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 Code Value 01 The Director determined the name should be on the RIL 02 The Director determined that the name should not be on the RIL Field 16 Judicial Review Determination ENTRY REQUIRED IF APPLICABLE If there is a value in Field 13 this field is required Enter the two digit code regarding the court s determination using one of the following codes Code Value RIL Placement OJ Dismis
41. dering the juvenile as abused and or seriously neglected the court order shall reflect that the name shall not go on the RIL This does not reflect that the status of the child as maltreated is negated it only establishes that this was not the person responsible for that maltreatment SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 11 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 In this instance the local child welfare agency would need to decide whether this family requires on going involuntary services to protect the child While the court is not making a determination as the agency s case decision the court s finings may impact their ability to continue providing on going involuntary services For instance there may be times in which children are both abused and or seriously neglected and may also be neglected In cases where children are abused and or seriously neglected and neglected the agency may still have grounds to petition the court to adjudicate the child as abused and or seriously neglected and neglected in the event that a Judicial Review finds that the agency did not establish by a preponderance of the evidence that the alleged perpetrator was the individual responsible for the abuse and or serious neglect Within 30 calendar days of the conclusion of the Judicial Review hearing the Cour
42. dividuals List User Manual 04 2008 Code Value 01 The Court adjudicated abuse 02 The Court adjudicated neglect 03 The Court adjudicated abuse and neglect 04 The Court adjudicated dependency Field 38 Responsible Individuals List on the DSS 5104 will be updated to reflect the result of the adjudication hearing and the change to the RIL Indicator If code 01 is selected the DSS 5104 will automatically be updated to code 57 indicating that the court adjudicated abuse and the name will remain on the RIL If code 02 is selected the DSS 5104 will automatically be updated to code 58 indicating that the court adjudicated Neglect If code 03 is selected the DSS 5104 will automatically be updated to code 59 indicating that the court adjudicated abuse and neglect and the name will remain on the RIL If code 04 is selected the DSS 5104 will automatically be updated to code 44 indicating that the name will be expunged from the RIL Field 33 Date of Court Disposition ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that the court adjudicated the petition This date cannot precede the date that the juvenile petition was filed Field 34 Date of Adjudication Notice to the Division ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that the Division was notified of the Co
43. ds that do not have a value entered may be updated Fields with values displayed in blue are locked and may not be changed RILO30FM RESPONSBILE INDIVIDUAL LIST DATE 09 26 2011 RIL UPDATE 10 50 50 RIL FORM RESPONSIBLE INDIVIDUAL LAST NAME FIRST NAME MI DOB AGE RACE SEX SSN INVESTIGATIVE ASSESSMENT FINDINGS CTY CYA FORM INITIAL REPORT CASE DECISION RIL IND NOTICE DEL JUDICIAL REVIEW AOC J 131 HEARING DATE J131 FILED JUD REV DATE DIR DETERM JR DETERM JR SIGNED JUVENILE PETITION AOC J3 130 DATE J130 FILED DATE ADJUDICATION ADJ FIND RIL FIND JP SIGNED ORIGINAL RIL INDICATOR STATUS DSS 5104 RIL CODE DATE RIL PLACEMENT DATE CRIM CONVICTION PF3 PREV SCREEN PF9 CONFIRM PF10 CANCEL RIL3001 ENTER CLIENT CHANGES Ba f 00 1 If data is entered incorrectly or in error a DSS 5104d must be submitted to the Division for the appropriate modification or deletion DSS 5104a Entry allows for the initial entry of a DSS 5104a Key 3 as the selection and the corresponding DSS 5104 Central Registry CYA number A screen will appear listing all perpetrators associated with the DSS 5104 Users will be able to select which perpetrator s to enter the DSS 5104a SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 17 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER VIII PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 RILO40FM RESPONSIBLE INDIVIDUAL LIST 9
44. e allows you to file a Judicial Review petition AOC J 131 and the clerk of County has discretion to determine whether the Judicial Review hearing should be held Should you have further questions regarding the placement of your name on the RIL please contact at Sincerely Social Worker Social Work Supervisor Responsible Individual signature initial Date This acknowledges the receipt of this letter not agreement with the finding SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 9 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 C PETITION FOR JUDICIAL REVIEW G S 7B 323 Petitions for Judicial Review AOC J 131 must be filed within 15 days of the receipt of the case decision RIL placement notice by the alleged responsible individual The petition for Judicial Review must be filed with the District Court in the county where the abuse and or serious neglect arose Once the clerk of court receives and calendars the Judicial Review hearing the local child welfare agency director that made the determination to identify the alleged responsible individual will be sent a Notice of Hearing If the individual fails to file the Judicial Review petition AOC J 131 within 15 days of receipt of the case decision RIL placement notice the right to file a petition is waived This will result in the pla
45. e case decision can also include other findings in any combination provided at least one of the finding is abuse or serious neglect The RIL is used to identify parents guardians caretakers or custodians that have been named as responsible individuals in all substantiated cases of abuse and or serious neglect The case decision can also include other findings in any combination provided at least one of the findings is abuse or serious neglect Only cases conducted as Investigative Assessments are eligible for Judicial Review Information from the RIL is only available to authorized persons for the sole purpose of determining current or prospective employability or fitness to care for children The alleged responsible individual s name shall be placed on the RIL only after one of the following has occurred e The responsible individual is properly notified of their right to request a Judicial Review and fails to file a petition AQC J 131 for a Judicial Review e The court determines that the individual is a responsible individual as a result of a hearing on a Juvenile Petition AQC J 130 that identifies the responsible individual or a Judicial Review hearing AOC J 131 that determines the individual is a responsible individual or e The individual is criminally convicted as a result of the same incident that involved the Investigative Assessment each local child welfare agency shall develop policies and procedures with their District Attorn
46. e direct access to the Responsible Individuals List for current or prospective employment purposes only Use of the Central Registry for searches for Safety Resources and checking family history during CPS assessments family assessments and investigative assessments are allowed in existing policy Searches of the Central Registry System are not allowed for any employment purposes Authorized Division staff will be responsible for conducting the searches of the Responsible Individuals List entering and maintaining its required information and responding to the authorized individual in writing of the findings A Soundex name search system may be used for searches by authorized Division and county Department of Social Services staff There must be an exact match of at least the person s date of birth gender and Social Security Number to identify him or her as a responsible individual using such a Soundex search system It is unlawful for any public official or public employee to knowingly or wilfully release information from the Central Registry or the Responsible Individuals List to a person who is not authorized to receive such information It is unlawful for any person who is authorized to North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 receive the information to release it to an unaut
47. ee to take your name off the list you have 30 days to file a petition with the District Court to have your name taken off the list 3 If you chose to request that the District Court remove your name from the list you must file a petition with the Clerk of Court within 30 days from either the Director s refusal or the District Attorney s refusal to take your name off the list A copy of a petition that can be completed and filed with the District Court is attached To calculate the last day that the petition can be filed count 90 days from the date that the director should have sent you his notice Provide a phone number and address for the Clerk of Courts It is important for you to know that you may skip a review by the District Attorney and file the petition requesting removal of your name from the list with the District Court During the review process county name continues to be responsible for providing services to you and your family If you decide you are unwilling to accept services and the safety of your children becomes uncertain that could make it necessary for a juvenile petition seeking custody of your children to be filed There is a situation that will stop the review of your request that your name be removed from the list If you are involved in a juvenile court case because of the abuse or neglect the review will stop until the court case is finished Should you have any further questions please feel free to co
48. elfare or safety The definition of Serious Neglect mirrors the definition provided in G S 7B 101 19a The definition provided in Administrative Code regarding Personal Written Notice G S 7B 302 g instructs the Director to provide personal written notice to the alleged responsible individual within 5 business days SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 3 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 Judicial Review An individual may file for a Judicial Review of the local child welfare agency s case decision to place the individual s name on the RIL The Judicial Review Petition AOC J 131 must be filed within 15 days of the case decision notification in the district court in which the abuse or neglect arose this refers to the county agency with child welfare jurisdiction For additional information regarding child welfare jurisdiction issues please refer to Chapter V Jurisdiction in Child Welfare RESPONSIBLE INDIVIDUALS LIST STATUTE G S 7B 311 DHHS is required to establish a list of individuals responsible for the abuse and or serious neglect of a juvenile and is required to establish due process procedures for the alleged responsible individual to request a Judicial Review of the abuse and or serious neglect decision and the decision to place their name on the RIL Th
49. erican Indian Asian Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 64 White Black American Indian Asian Native Hawaiian or Other Pacific Islander Hispanic or Latino Field 5 Sex ENTRY REQUIRED The Responsible Individual s sex will be automatically retrieved from the Central Registry It will be displayed using one of the following one 1 digit codes Code Definition 1 Male 2 Female North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 It is extremely important that the Responsible Individual s sex is accurate for identification purposes in the event that Responsible Individuals names are required by law to be released for such purposes as employment screening Field 6 Social Security Number ENTRY REQUIRED The Responsible Individual s social security number will be automatically retrieved from the Central Registry It is extremely important to make every effort to obtain the Responsible Individuals social security number for identification purposes in the event that perpetrator s names are required by law to be released for such purposes as employment screening Investigative Assessment Findings Fields 7 through 12 Fields 7 11 will be automatically be retrieved from the Central Registry system when the type found code entered into the DSS 51
50. erious neglect Field 17 Date of Director Notice to the Responsible Individual ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that the Director s notice was delivered to the individual requesting expunction This date can not precede the date of the Director s decision listed in Field 14 Field 18 Date of Director Notice to the Division ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that notice of the Director s decision was delivered to the Division This date can not precede the date of the Director s decision listed in Field 14 Must be entered into the system no later than 5 days from the date of the Director s decision This date will be auto filled on the date of entry Request for Expunction District Attorney Review Fields 19 through 22 Fields 19 through 22 must be completed if the Responsible Individual appeals to the District Attorney for review All fields must be completed before the data can be entered into the system Once Fields 19 through 22 are completed a turnaround form will be generated which should be kept in the case record Field 19 Date DA Request Received ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that the District Attorney received the request to expunge the individual from the Responsible Individuals List Fie
51. esponsible individual e The individual is criminally convicted as a result of the same incident that prompted the CPS Investigative Assessment Current child welfare policy allows local child welfare agencies to switch CPS Assessment responses between an Investigative Assessment and Family Assessment during the actual assessment Switching responses during an assessment should not be done frequently or without a thorough discussion of the case between the social worker and the supervisor All decisions to change the CPS Assessment response must be done with supervisory approval Documentation in the record should also clearly show why such a decision was made and how it helped ensure the safety of the child Note While cases of abuse may only be assigned as Investigative Assessments cases alleging neglect may initially be assigned as a Family Assessment Local child welfare agencies must insure that neglect allegations that will result in a finding of serious neglect and that have initially been assigned as Family Assessments are reassigned as Investigative Assessments prior to case decision SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 6 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 Additionally prior to case decision the family shall be notified by the agency that the Family Assessment process is ending and
52. ey Field 22 Date of DA Notice to the Responsible Individual ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that the District Attorney s notice was delivered to the individual requesting expunction This date can not precede the date of the DA s decision listed in Field 20 Field 23 Date of DA Notice to the Division ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that notice of the DA s decision was delivered to the Division This date can not precede the date of the DA s decision listed in Field 20 Must be entered into the system no later than 5 days from the date of the DA s decision This date will be auto filled on the date of entry Petition for Expunction District Court Review Fields 24 through 29 Fields 24 through 29 must be completed if the Responsible Individual petitions the District Court for review Except for Field 27 which is only required if the District Court chooses to modify the RIL Indicator all fields must be completed before the data can be entered into the system Once Fields 24 through 29 are complete a turnaround form will be generated which should be kept in the case record Field 24 Date of Court Petition ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 of the court petition to expunge the individual from the Respon
53. eys regarding the notification to the local child welfare agency of the criminal conviction Requests for information from the RIL shall be directed to the North Carolina Division of Social Services NCDSS using the Request for Information from the Responsible Individuals List form DSS 5268 Local child welfare agencies may access the RIL for internal employment needs At no time shall the Central Registry be used for determining employability or fitness of an individual volunteer to provide care to a child Because the RIL could affect the individual s employment information maintained on the RIL should be current and updated within the timeframes established The Judicial Review process only begins when the alleged responsible individual initiates a petition AOC J 131 within the timeframes established by G S 7B 323 SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 4 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 The RIL is subject to strict confidentiality rules Therefore it is unlawful for any public official or public employee to knowingly or willfully release information from the Central Registry or the RIL to an unauthorized person It is unlawful for any person who is authorized to receive the information to release it to an unauthorized person and it is unlawful for any person who is not authorized
54. f Modification ENTRY REQUIRED IF APPLICABLE This field should be completed only if Field 15 equals code 02 If so enter the appropriate two 2 digit code regarding the Director s modification to the RIL Indicator status of the responsible individual on the RIL Code Value 01 The RIL Indicator should be modified to abuse 02 The RIL Indicator should be modified to serious neglect 03 The RIL Indicator should be modified to abuse and neglect If the Director modifies the status of the responsible individual due to an expunction reveiw Field 38 Responsible Individuals List on the DSS 5104 will automatically be updated to reflect the Director s modification to the RIL Indicator resulting from the Director s expunction review If code 01 is selected the DSS 5104 will automatically be updated to code 51 indicating that the Director modified the RIL Indicator to abuse If Code 02 is selected the DSS 5104 will automatically be updated to code 52 indicating that the Director modified the RIL Indicator to serious neglect 12 North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 If a 03 is selected the DSS 5104 will automatically be updated to code 53 indicating that the Director modified the RIL Indicator to abuse and s
55. he RIL To file the petition for Judicial Review AOC J 131 the petition must be filed with the Clerk of Court in County Once filed the Clerk of County will provide a notice of the Judicial Review hearing to the director of this agency and to you as the petitioner Upon receipt of the notice this agency s director will review the record to determine the correctness of the case decision and the placement of your name on the RIL Should this agency s director determine that there was not sufficient evidence to identify you as a responsible individual the director will provide in writing a statement to the clerk of court and to you that will result in the Judicial Review hearing being cancelled However should this agency s director determine that the agency had sufficient evidence the Judicial Review hearing will be held at the time scheduled by the clerk of court At the Judicial Review hearing you have the right to obtain an attorney at your own expense or represent yourself You may present sworn evidence law or rule You also have the right to subpoena witnesses cross examine witnesses of the other party and to make a closing argument The Judicial Review hearing will be conducted before a judge and there will be no jury Either you or this agency s director may appeal the Judicial Review decision In the event that there are extraordinary circumstances that prevent you from filing for a Judicial Review with 15 days G S 7B 323
56. horized person and it is unlawful for any person who is not authorized to receive information to access or attempt to access it A person who commits an offense described in this section is guilty of a Class 3 misdemeanour Note When authorized persons use information from the Responsible Individuals List to deny a person employment they must inform that person that this is the reason for the denial Only the Responsible Individuals List may be accessed for employment purposes The Central Registry System may not be accessed for employment purposes Responsible Individuals List Functions The Responsible Individuals list may be accessed through the Central Registry System After signing on to the Central Registry System select Option 9 Responsible Individuals List Menu The Responsible Individuals List has 5 functions available Update by RIL Form Number This is the option that is used to update the Responsible Individuals List when the RIL Form Number is known Inquiry by RIL Form Number This option is used to view a DSS 5104 a when the RIL Form Number is known SSN Search This option is used to search for a Responsible Individual by Social Security Number Name Search This option is used to search for a Responsible Individual by name For this option the individual s last name first name and middle initial can be entered Only exact matches to the name entered will be displayed Soundex Name Search This option is used to
57. ial Services for the case record North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 If there is an expunction request to the District Attorney the county Department of Social Services staff will enter the information in the Request for Expunction to the District Attorney table at the point of the District Attorney s decision DSS 5104 a Fields 19 23 The information entered into the Responsible Individuals List will generate the appropriate expunction if needed and will update the corresponding RI code DSS 5104 Field 38 in the Central Registry System Information concerning the case decision in the Central Registry System will not be modified as a result of the decision made by the District Attorney An automated turnaround DSS 5104 a will be generated and sent to the county Department of Social Services for the case record If there is an expunction request to the District Court the county Department of Social Services staff will enter the information in the Request for Expunction to District Court table at the point of the District Court s decision DSS 5104 a Fields 24 29 The information entered into the Responsible Individuals List will generate the appropriate modification on the RIL and or expunction if needed and will update the corresponding RI code DSS 5104 Field 38 i
58. ile court case resulting from the same incident the court may stay the Judicial Review process or consolidate the Judicial Review with the juvenile court case DSS 5104a FORM COMPLETION FIELDS AND CODES All CPS Investigative Assessments shall include a discussion with the family that as a part of the Investigative Assessment a case decision to substantiate abuse and or serious neglect carries with it the potential for their name to be placed on the RIL The DSS 5104a is the mechanism by which the placement of the responsible individuals name on the RIL occurs If the Director is notified that a Judicial Review petition AOC J 131 has been filed staff will enter the information regarding the Judicial Review at the conclusion of the Judicial Review hearing via the DSS 5104a Fields 13 18 The name of the responsible individual is only placed upon the RIL if the court makes that determination If the determination of the court is that the name is to be placed on the RIL the Central Registry will automatically be updated to reflect the decision of the court on the Judicial Review Petition AOC J 131 once the DSS 5104a is entered If the Director files a juvenile petition AOC J 130 staff will enter the information regarding the juvenile petition after the petition has been adjudicated Fields 19 23 The name of the responsible individual is only placed upon the RIL if the court makes that determination If the determination of the court is
59. ist will be automatically retrieved from the Central Registry Only type found codes 1 Abuse 3 Abuse and Neglect or 2 Neglect where at least one Serious block is checked by a Neglect maltreatment type are valid for those placed on the Responsible Individuals List North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 Code Type Found Definition 1 Abuse A situation in which a juvenile s parent guardian custodian Substantiated or caretaker inflicts or allows to be inflicted creates or allows to be created a substantial risk of serious physical injury by other than accidental means or uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior or commits permits or encourages the commission of any sexual offense by with or upon the juvenile in violation of the law promotes the prostitution of the juvenile or creates or allows to be created serious emotional damage to the juvenile or encourages directs or approves of delinquent acts involving moral turpitude committed by the juvenile 2 Neglect A situation in which a juvenile does not receive proper care Substantiated supervision or discipline from the juvenile s parent guardian custodian or caretaker or
60. ld 20 Date of DA Decision ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 that the District Attorney reached their decision regarding whether the individual should be expunged from the Responsible Individuals List This date can not precede the date the request to the District Attorney was received as listed in Field 19 Field 21 DA Decision ENTRY REQUIRED Enter the appropriate two 2 digit code regarding the District Attorney s decision Code Value 01 The individual should remain on the Responsible Individuals List 03 The individual should be expunged from the Responsible Individuals List 13 North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 If code 01 is selected there will be no change to the Responsible Individuals List Field 38 on the DSS 5104 will be automatically updated to a code 62 indicating that the District Attorney upheld the original decision to place the name on the RIL If code 03 is selected the individual will be automatically expunged from the Responsible Individuals List and Field 38 RIL of the DSS 5104 will automatically be updated to code 42 indicating that the individual has been expunged from the Responsible Individuals List by the district attorn
61. ld the date of birth be unknown and E will appear indicating the age as estimated FIELD 4 RACE ETHNICITY Pulled from the Central Registry Field 36 FIELD 5 SEX Pulled from the Central Registry Field 37 The responsible individual s sex will be displayed using one of the following one digit codes Code Value 4 Male 2 Female FIELD 6 SOCIAL SECURITY NUMBER Pulled from the Central Registry Field 38 Without a date of birth or a social security number the name shall not be placed on the RIL SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 21 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 FIELD 7 COUNTY Pulled from the Central Registry Field 1 Count Count Count Count Co ne Co arc Co ee Co ane 01 Alamance 26 Cumberland 51 Johnston 76 Randolph 02 Alexander 27 Currituck 52 Jones 77 Richmond 03 Alleghany 28 Dare 53 Lee 78 Robeson 04 Anson 29 Davidson 54 Lenoir 79 _ Rockingham 05 Ashe 30 Davie 55 Lincoln 80 Rowan 06 Avery 31 Duplin 56 Macon 81 Rutherford 07 Beaufort 32 Durham 57 Madison 82 Sampson 08 Bertie 33 Edgecombe 58 Martin 83 Scotland 09 Bladen 34 Forsyth 59 McDowell 84 Stanly 10 Brunswick 35 Franklin 60 Mecklenburg 85 Stokes 11 Bunco
62. mbe 36 Gaston 61 Mitchell 86 Surry 12 Burke 37 Gates 62 Montgomery 87 Swain 13 Cabarrus 38 Graham 63 Moore 88 Transylvania 14 _ Caldwell 39 Granville 64 Nash 89 Tyrrell 15 Camden 40 Greene 65 New Hanover 90 Union 16 Carteret 41 Guilford 66 Northampton 91 Vance 17 Caswell 42 Halifax 67 Onslow 92 Wake 18 Catawba 43 Harnett 68 Orange 93 Warren 19 Chatham 44 Haywood 69 Pamlico 94 Washington 20 Cherokee 45 Henderson 70 Pasquotank 95 Watauga 21 Chowan 46 Hertford 71 Pender 96 Wayne 22 Clay 47 Hoke 72 Perquimans 97 Wilkes 23 Cleveland 48 Hyde 73 _ Person 98 Wilson 24 Columbus 49 Iredell 74 Pitt 99 Yadkin 25 Craven 50 Jackson 75 Polk 00 Yancey Field 8 Central Registry Form Number The DSS 5104 number assigned to the record when created in the Central Registry Field 9 Date of Initial Report Pulled from the Central Registry Field 5 Field 10 Date of Case Decision Pulled from the Central Registry Field 7 Field 11 RIL Indicator Status Pulled from the Central Registry Field 39 RIL Indicator Status This field will initially show as 00 to reflect at the time of entry this individual is not on the RIL No entry in this field is allowed SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 22 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013
63. me and firstname with a comma and a space or no names will be displayed When using the Soundex Name Search data entry will key 5 as the selection and the last name first initial as the key DSS 5104 FORM FIELDS AND CODES Responsible Individuals Information Fields 1 through 6 Fields 1 6 will be automatically be retrieved from the Central Registry system when the type found code entered into the DSS 5104 is a 1 Abuse a 3 Abuse and Neglect or a 2 Neglect where at least one Serious block is checked by a Neglect maltreatment type and the RI field indicates that a perpetrator should be placed on the Responsible Individuals List If the information is incorrect it must be updated in the Central Registry system using the Central Registry form number for which the Responsible Individual appears on the list Field 1 Responsible Individual Name ENTRY REQUIRED The name of the Responsible Individual will be automatically retrieved from the Central Registry with the last name at the beginning of the last name block first name at the beginning of the first name block and the middle initial in the middle initial block It is extremely important that the Responsible Individuals name is as accurate and complete as possible because it is required by law to be released for such purposes as employment screening Field 2 Date of Birth ENTRY REQUIRED The Responsible Individual s birth date will be automa
64. ment notice be returned as undeliverable or signed by someone other than the alleged responsible individual the name shall not be placed on the RIL SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 7 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 Note in the event that there is a lack of identifying information for the alleged responsible individual such as a date of birth or social security number but the individual did receive the notice it is permissible to place the name on the RIL provided that there is at least one identifier However if the notice is undeliverable and there is no identifying information the name shall not go on the RIL Amendments to G S 7B 320 specifies that the personal written notice to the responsible individual shall contain the following 1 A thorough detailed summarizing statement informing the individual of the substantial evidence supporting the decision to substantiate abuse and or serious neglect without identifying the reporter or collateral contacts and that the individual has been identified as the responsible individual The case decision can also include other findings in any combination provided at least one of the findings is abuse or serious neglect When this occurs the notice to the individual shall also include language that indicates the agency will contin
65. n in District Court chose not to use the District Attorney s review Pursuant to G S 7B 324 affirm L have not been criminally convicted as a result of this incident have not been named as a respondent in a juvenile court proceeding regarding abuse or neglect resulting from the same incident made a request for expunction to the director within the timeframes established by G S 7B 321 a filed this petition for expunction with this Court within the timeframes established by G S 7B 323 a kept the county Department of Social Services informed of my current address Optional do request the Court to close the hearing to all people except officers of the Court the parties and their witnesses request the Court to hear the case to determine whether the director can show by a preponderance of the evidence the correctness of the director s decision determining Abuse or Serious Neglect and my identification as a responsible individual VERIFICATION Being first duly sworn say that have read this Petition and that the same is true to my own knowledge except as to those matters alleged upon information and belief and as to those believe it to be true SWORN AND SUBSCRIBED TO BEFORE ME Date Signature of Person Authorized to Address Administer Oaths o Deputy CSC SEAL o Notary City State Zip O Assistant CSC Date My Commission Expires Telephone No Court Attachment 8 Personal Written Notice to the Respo
66. n the Central Registry An automated turnaround DSS 5104 a will be generated and sent to the county Department of Social Services for the case record Note When the District Attorney or the District Court conducts a review of a request for expunction any decision that reverses or modifies the Director s case decision only effects the placement of the responsible individual s name on the Responsible Individuals List The Director is required to continue ensuring the safety of the children involved With the exception of searches conducted by the county Departments of Social Services all requests for searches of the Responsible Individuals List will be submitted in writing to the Division of Social Services by authorized individuals who are strongly considering the responsible individual for employment or volunteer services The written requests will include the last name first name and middle initial of the potential responsible individual s In order to conduct a search the Division also requires that the requests include the potential responsible individual s date of birth gender and Social Security Number as well as an acknowledgement by the potential responsible individual that he or she has been informed that the Division of Social Services will disclose to the authorized individual whether his or her name appears on the Responsible Individuals List Authorized individuals on the staff of county Department of Social Services will hav
67. nd Family Team Meeting may be instrumental in assisting the local child welfare agency with making this decision and can provide a venue for the agency to discuss these issues with the family 1 JUDICIAL FINDINGS During the adjudication of the Juvenile Petition AOC J 130 the court will be making a finding of abuse serious neglect neglect or dependency and or a finding that the name of the respondent be placed on the RIL G S 7B 324 b has been amended to reflect that if the juvenile court case concludes with an adjudication of abuse and or serious neglect and a determination that the respondent has abused and or seriously neglected a juvenile and is a responsible individual the Director shall place the name of the individual on the RIL consistent with the court s order However if the juvenile court case is involuntarily dismissed OR concludes without adjudication of abuse and or serious neglect and the adjudication also considered RIL placement with a determination that the individual is a responsible individual the name will not be placed on the RIL If the juvenile court case concludes with an adjudication of abuse serious neglect and or neglect in combination with abuse or serious neglect but does NOT identify a responsible individual the local child welfare agency will not place the individual s name on the RIL 2 CASE DECISION Once a Juvenile Petition AOC J 130 has been filed the local child welfare agency
68. nsible Individuals List and Field 38 RIL of the DSS 5104 will automatically be updated to code 43 indicating that the individual has been expunged from the Responsible Individuals List by the District Court Field 27 Court Type of Modification ENTRY REQUIRED IF APPLICABLE Enter the appropriate two 2 digit code regarding the court s modification to the RIL Indicator Code Value 01 The RIL Indicator should be modified to abuse 02 The RIL Indicator should be modified to serious neglect 03 The RIL Indicator should be modified to abuse and neglect If the District Court modifies the RIL Indicator due to an expunction hearing Field 38 Responsible Individuals List on the DSS 5104 will automatically be updated to reflect the result of the District Court s expunction hearing If code 01 is selected the DSS 5104 will automatically be updated to code 54 indicating that the District Court modified the RIL Indicator to abuse and left the name on the RIL If code 02 is selected the DSS 5104 will automatically be updated to code 55 indicating that the District Court modified the RIL Indicator to Neglect serious and left the name on the RIL If code 03 is selected the DSS 5104 will automatically be updated to code 56 indicating that the District Court modified the RIL Indicator to Abuse and Neglect and left the name on the RIL Field 28 Date of Court Decision ENTRY
69. nsible Individual of the Case Decision After Petition Date Name Address City State Zip Dear On date i Agency Name received a report alleging the abuse and or neglect of your child ren As a result of that report the agency initiated a Child Protective Services Assessment with your family Because of the information obtained during the Assessment it became necessary to file a petition and place your child ren into foster care A thorough Assessment has been completed and based on the information obtained it has been determined that your child ren have been abused or seriously neglected in that Now that a case decision has been made you are being identified as a person responsible for abusing or seriously neglecting a child North Carolina law G S 7B 311 requires that your name be placed on a list identifying you as a responsible individual This list is called the Responsible Individuals List Because your name is on the Responsible Individuals List you could be denied or terminated from employment or prohibited from situations where you would be around children Information from this list is only available to authorized requestors such as employers and those that may need to determine your fitness to care for or work with children You also need to be aware that as a result of a petition being filed and the issues being brought in front of the court that you are no longer considered eligible for the expunction process
70. ntact me at Sincerely Social Worker Supervisor Enclosure AOC J 131 Petition for Expunction from the Responsible Individuals List Attachment 4 Notification by the Director denying the request for Expunction Date Name Address City State Zip Dear On date County Department of Social Services received your request to review the decision to place your name on the Responsible Individuals List as a person who is responsible for abusing or seriously neglecting your child ren The case record has been reviewed and the decision to identify you as a responsible individual is being ececeeeeeee ee ee eee eee This determination is based on Therefore in accordance with North Carolina law N C G S 7B 311 that requires that individuals who have been determined responsible for abusing or seriously neglecting a juvenile to have their names place on a Responsible Individuals List your name will remain on the Responsible Individuals List Placement of your name on the Responsible Individuals List could affect your employment in certain settings Information from this Responsible Individuals List may be provided to authorized employers to assist them in determining current or prospective employment or a person s fitness to care for a child ren This is a final agency decision To complain about this decision you must go outside the agency as explained below North Carolina law N C G S 7B 321 provide
71. off When F3 is pressed twice a blank screen will show and the user then types logoff and press enter The screen will then return to the main state banner screen B RESPONSIBLE INDIVIDUALS INFORMATION FIELDS 1 THROUGH 11 Fields 1 6 contain information regarding the identity of the responsible individual when the type found code entered into the DSS 5104 is a 1 Abuse 3 Abuse and Neglect 3S Abuse and Serious Neglect 2N Serious Neglect and Neglect or a 2S Serious Neglect Fields 7 11 contain addition information regarding the CPS Assessment These fields are auto populated from the Central Registry DSS 5104 and cannot be changed SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 20 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 FIELD 1 RESPONSIBLE INDIVIDUAL NAME Pulled from the Central Registry Field 33 The name will display exactly as it appears in the Central Registry FIELD 2 DATE OF BIRTH Pulled from the Central Registry Field 34 The date of birth will appear exactly as it appears in the Central Registry Without a date of birth or a social security number the name shall not be placed on the RIL FIELD 3 AGE Pulled from the Central Registry Field 35 The age of the individual will be calculated from the entry in field 2 Shou
72. ound DSS 5104 a will be generated and sent to the county Department of Social Services This form is to become part of the case record and updated only if the expunction process is initiated When the DSS 5104 a is generated a unique RIL Form Number will be assigned to the Responsible Individual That form number is required in order to update the DSS 5104 a in the Responsible Individuals List system The form number will appear on the turnaround form that the county receives or can be immediately accessed by doing a name search or social security number search with the Responsible Individual s information after the DSS 5104 has been entered On the DSS 5104 a Fields 1 6 have identifying information pertaining to the Responsible Individual Fields 7 12 have information pertaining to the investigative assessment finding Fields 13 18 have information pertaining to a request for expunction to the director if initiated by the Responsible Individual Fields 19 22 have information pertaining to a request for expunction to the district attorney if initiated by the Responsible Individual Finally Fields 24 29 have information pertaining to a request for expunction to the district court director if initiated by the Responsible Individual Inquiry by RIL Form Number This option is used to view a DSS 5104 a that has been previously entered when the RIL Form Number is known To view the DSS 5104a key 2 as the selection and key in the RIL form
73. r Hispanic or Latino 31 Asian Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 32 Asian Native Hawaiian or Other Pacific Islander Hispanic or Latino 33 White Black American Indian or Alaskan Native Non Hispanic or Latino 34 White Black American Indian or Alaskan Native Hispanic or Latino 35 White Black Asian Non Hispanic or Latino 36 White Black Asian Hispanic or Latino 37 White Black Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 38 White Black Native Hawaiian or Other Pacific Islander Hispanic or Latino 39 White American Indian or Alaskan Native Asian Non Hispanic or Latino 40 White American Indian or Alaskan Native Asian Hispanic or Latino Code Value 41 White American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander Non Hispanic or Latino 42 White American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander Hispanic or Latino North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual __ 04 2008 43 White Asian Native Hawaiian or Other Pacific Islander Hispanic or Latino 44 White Asian Native Hawaiian or Other Pacific Islander Hispanic or Latino 45 Black American Indian or Alaskan Native Asian Non Hispanic or Latino 46 Bla
74. re at least one Serious block is checked by a Neglect maltreatment type and the RI Field on the DSS 5104 indicates that a perpetrator should be placed on the Responsible Individuals List the current fields for the perpetrator s information county number Central Registry form number date of initial report date of case decision type found and type of maltreatment found will automatically populate to corresponding fields in the Responsible Individuals List Field 1 11 County staff members do not have to enter this information more than once An automated turnaround DSS 5104 a will be generated and sent to the county Department of Social Services This form is to become part of the case record and updated if the expunction process is initiated The expunction process only begins if there is a request to do so by the responsible individual If the Director receives a request for expunction the county Department of Social Services staff will enter the information in the Request for Expunction to the Director table at the point of the Director s decision DSS 5104 a Fields 13 18 The information entered into the Responsible Individuals List will generate the appropriate modification and or expunction if needed in the Responsible Individuals List and will update the corresponding RI code DSS 5104 Field 38 in the Central Registry An automated turnaround DSS 5104 a will be generated and sent to the county Department of Soc
75. re no longer necessary and case closure is appropriate nothing in the Judicial Review process should prevent the closure of the case B PERSONAL WRITTEN NOTICE The social worker shall make face to face contact with the alleged responsible individual within 5 business days of the case decision to explain the reason for the substantiation and to provide written notice of the potential for their name to be placed on the RIL It is permissible for a social worker other than the social worker that conducted the assessment to deliver the case decision RIL placement notice In addition to documentation in the record it is recommended that the notice include an acknowledgement by the alleged responsible individual that they did receive the case decision RIL placement notice and the date received If it is not possible to make face to face contact with the alleged_responsible individual to deliver the written notice within those 5 business days the social worker shall make diligent and persistent efforts to make contact However should the social worker be unsuccessful in contacting the alleged responsible individual no later than 15 calendar days from the date of the case decision the notice shall be sent by registered or certified mail restricted delivery return receipt requested and addressed to the alleged responsible individual so that the responsible individual is the only person who may receive the notice Should the case decision RIL place
76. resident maltreatment in NC If a report alleges that a North Carolina child was maltreated in North Carolina by a parent or caretaker that is not a North Carolina resident it is the responsibility of the local child welfare agency to conduct the CPS Assessment with the other state s assistance If the case decision results in a substantiation of abuse and or serious neglect the alleged_responsible individual is eligible for the Judicial Review process and if appropriate to have their name placed on the RIL JUDICIAL REVIEW The Judicial Review process is a District Court hearing on a petition AOC J 131 initiated by the alleged responsible individual for a review of the director s decision to identify the individual as a responsible individual and to place their name on the RIL The Judicial Review process has been established by G S 7B 323 and by Administrative Rule 10A NCAC 70A 0114 SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 5 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 The Judicial Review petition AOC J 131 must be filed within 15 days of receipt of the case decision notification in the district in which the abuse and or serious neglect arose This refers to the county department of social services with child welfare jurisdiction For additional information on Child Welfare Jurisdiction Is
77. s procedures to request a further review of the request for expunction from the Responsible Individuals List You have a choice of asking the District Attorney or the District Court to review your request To ensure that you receive notifications the agency must have a current address for you otherwise you may become ineligible for requesting expunction from the responsible individuals list 1 Within 30 days of this notice date you may submit a written request for the District Attorney to review your request or you may proceed directly to District Court as described below Attachment 4 Notification by the Director denying the request for Expunction Instruction Provide contact information for District Attorney 2 Within 30 days of either the written notice of the Director s decision not to expunge your name or written notice from the District Attorney of the decision to uphold the Director s decision not to expunge your name you may file a petition in District Court for a hearing to request expunction from the responsible individuals list You may file a petition to the District Court after the director s decision and may petition the District Court without going to the District Attorney A sample copy of this petition is attached The deadline for filing this petition is date _ It is the responsibility of _ Agency Name to provide protective services to your family even if you chose to request a review Should ___ Agency Name
78. se decision listed in Field 31 Field 31 Adjudication Disposition ENTRY REQUIRED Enter the appropriate two 2 digit code regarding the decision of the court during the adjudication hearing Code Value 01 The court adjudicated the same as the original case decision and the name remains on the list 02 The court adjudicated something different than the original case decision 03 The court did not adjudicate the petition and the name is expunged from the list If code 01 is selected Field 38 on the DSS 5104 will automatically updated to a code 64 indicating that the court adjudicated the same case decision and the name will remain on the RIL If code 02 is selected there will be no change to the Responsible Individuals List and it is required that Field 33 is completed If code 03 is selected the individual will be automatically expunged from the Responsible Individuals List and Field 38 of the DSS 5104 will automatically be updated to code 44 indicating that the individual has been expunged from the RI L Field 32 Type of Court Adjudication ENTRY REQUIRED Enter the appropriate two 2 digit code regarding the court s adjudicatory finding that is different from the original case decision 16 North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible In
79. sed No Adjudication No 1J Abuse RIL Placement Yes 2J Serious Neglect RIL Placement Yes 3J Abuse and Serious Neglect RIL Placement Yes 4J Abuse and Neglect RIL Placement Yes 5J Serious Neglect and Neglect RIL Placement Yes 9J Adjudication No RIL Placement No The use of code 0J encompasses those situations where the Judicial Review petition is dismissed by one of the parties or there is no adjudication An example of a situation where there is no adjudication is when the court combines an adjudication of a Juvenile Petition with the Judicial Review When this occurs completions of Fields 19 23 are required Code 9J refers to the Judicial Review court s adjudication of abuse serious neglect abuse and neglect abuse and serious neglect serious neglect and neglect neglect and or dependency without the placement of the individual on the RIL This entry will auto populate to Field 39 on the DSS 5104 Once there is an entry into this field it cannot be modified or changed by county users A modification to this field requires the submission of a DSS 5104d to the Division Field 17 Reserved for Future Use NO ENTRY Field 18 Date of Judicial Review Signed ENTRY REQUIRED IF APPLICABLE If there is a value in Field 13 this field is required Enter the date in the eight digit numeric MMDDYYYY format that the presiding Judge signed the court order placing the name on the RIL This date cannot precede the date of the
80. sible Individuals List Field 25 Date of Court Hearing ENTRY REQUIRED Enter the month day and year use a leading zero 0 for any month or day less than ten 10 for the date of the court hearing This date can not precede the date of court petition listed in Field 24 Field 26 Court Decision ENTRY REQUIRED Enter the appropriate two 2 digit code regarding the Court s decision Code Value 01 The individual should remain on the Responsible Individuals List 02 The individual should remain on the Responsible Individuals List but the RIL Indicator should be modified 14 North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 03 The individual should be expunged from the Responsible Individuals List 04 Petition dismissed 05 Other court action If code 01 O04 or 05 is selected there will be no change to the Responsible Individuals List Field 38 on the DSS 5104 will automatically be updated to a code 63 indicating that the District Court upheld the original to place the name on the RIL If code 02 is selected there will be no change to the Responsible Individuals List and it is required that Field 27 is completed If code 03 is selected the individual will be automatically expunged from the Respo
81. sion of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 expunged from the Responsible Individuals List This date can not precede the date the request to the Director was received as listed in Field 13 Field 15 Director Decision ENTRY REQUIRED Enter the appropriate two 2 digit code regarding the Director s decision Code Value 01 The individual should remain on the Responsible Individuals List 02 The individual should remain on the Responsible Individuals List but the RIL Indicator should be modified 03 The individual should be expunged from the Responsible Individuals List If code 01 is selected there will be no change to the Responsible Individuals List Field 38 on the DSS 5104 will automatically be updated to code 61 indicating that the director upheld the original decision to place the name on the RIL If code 02 is selected there will be no change to the Responsible Individuals List and it is required that Field 16 is completed If code 03 is selected the individual will be automatically expunged from the Responsible Individuals List and Field 38 RIL of the DSS 5104 will automatically be updated to code 41 indicating that the individual has been expunged from the Responsible Individuals List by the director Field 16 Director Type o
82. sues please refer to Chapter V Jurisdiction in Child Welfare Time frames have been established for the alleged responsible individual s right to request a Judicial Review Should those timeframes expire the right to request a Judicial Review is forfeit and their name will be placed on the RIL A CASE DECISION NOTIFICATION G S 7B 320 Existing policy states that upon completion of either a Family Assessment or an Investigative Assessment the social worker is required to notify the parties involved of the case decision Section 1408 Investigative and Family Assessments However only Investigative Assessment findings of abuse and or serious neglect are eligible for the name of the alleged responsible individual to be placed on the RIL The case decision can also include other findings in any combination provided at least one of the findings is abuse or serious neglect The name shall only be placed on the RIL after e The alleged responsible individual is properly notified of their right to and information on the process by which they can request a Judicial Review and fail to file a petition AOC J 131 e The court determines that the individual is a responsible individual as a result of an adjudication arising from a Juvenile Petition AOC J 130 or the court determines that the individual is a responsible individual as a result of a hearing on a Judicial Review petition AOC J 131 that determines the individual is a r
83. t information to identify the respondent s as a responsible individual the Juvenile Petition may be amended as allowed by G S 7B 800 if additional information is made available that identifies the respondent s as a responsible individual SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 12 of 28 Vi NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 If the agency is conducting a Family Assessment and during the course of that Family Assessment and prior to case decision the agency finds that it is necessary to file a Juvenile Petition alleging abuse and or serious neglect or any combination of abuse or serious neglect and neglect the agency shall reassign the case to an Investigative Assessment However if the allegations do not rise to abuse and or serious neglect it may not be necessary to switch tracks If the case is reassigned from a Family Assessment to Investigative Assessment the local child welfare agency shall notify the family of the reassignment as a result of the agency s intent to file a Juvenile Petition alleging abuse and or serious neglect or any combination of abuse or serious neglect and neglect The agency shall also review with the family the differences between Family Assessments and Investigative Assessments and the potential for placement of the alleged perpetrator s name on the RIL A Child a
84. t shall sign and enter a written order containing the findings of fact and conclusion of law The responsible individual or the director may appeal the District Court s decision Indication by the named responsible individual that an appeal of the District Court s finding will be made will not prohibit the director from placing that responsible individual s name on the RIL Should the Court of Appeals reverse the District Court s finding and order that an individual s name be removed from the RIL the director will notify the NCDSS and request that individual s name be removed EXTRAORDINARY CIRCUMSTANCES G S 7B 323 e has been revised to reflect that upon the filing of a petition AOC J 131 for Judicial Review by an alleged responsible individual the District Court may review the director s determination at any time if that review is based upon extraordinary circumstances or serves the interests of justice even if the petition is filed beyond the 15 day timeframe outlined in G S 7B 320 b E JUDICIAL INVOLVEMENT PRIOR TO CASE DECISION This section only pertains to those cases in which a Juvenile Petition AOC J 130 is filed prior to a case decision being made When this occurs the Juvenile Petition AOC J 130 allows the local child welfare agency to identify whether each respondent is alleged to be a responsible individual If at the time the Juvenile Petition AOC J 130 is filed DSS does not have sufficien
85. te in the eight digit numeric MMDDYYYY format this date must be a minimum of 15 days past the case decision date Field 7 of the DSS 5104 Once there is an entry for this field it cannot be modified or changed by county users A modification to this field requires the submission of a DSS 5104d to the Division Field 26 Reserved for Future Use NO ENTRY Field 27 Reserved for Future Use NO ENTRY Field 28 Date Criminal Order Signed THIS FIELD IS NOT REQUIRED UNLESS THERE IS AN ENTRY IN FIELD 29 Enter the date in the eight digit numeric MMDDYYYY format that the alleged responsible individual was criminally convicted as a result of the same incident that led local child welfare agency to its Child Protective Services involvement if applicable This date cannot be earlier than the date in Field 10 Date of Case Decision A value may be entered after the agency has entered its initial DSS 5104a However information on the date of the criminal conviction must be entered no later than 7 days from the date the local child welfare agency receives notice of the criminal conviction SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 27 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 Once there is an entry for this field it cannot be modified or changed by county users A modification to this field requires
86. te any combination of abuse neglect and or serious neglect and identify an alleged responsible individual that individual must receive notice regarding the RIL In other words use of the RIL is not discretionary CPS Assessments that are conducted as Family Assessments are not eligible for the Judicial Review process DEFINITIONS Session Law 2010 90 amended the definition of Responsible Individual found in_ G S 7B 101 and added a definition for Serious Neglect The definitions read 18a Responsible Individual A parent guardian custodian or caretaker who abuses or seriously neglects a juvenile 19a Serious Neglect Conduct behavior or inaction of the juvenile s parent guardian custodian or caretaker that evidences a disregard of consequences of such magnitude that the conduct behavior or inaction constitutes an unequivocal danger to the juvenile s health welfare or safety but does not constitute abuse SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 2 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 G S 7B 311 d and Administrative Rule 10A NCAC 70A 0104 offer additional definitions that impact the RIL These definitions read 1 2 3 Authorized persons means persons authorized to receive data from the Responsible Individuals List Individuals authorized
87. that the case is being reassigned as an Investigative Assessment Local child welfare agencies shall also review with the family the differences between Family and Investigative Assessments Regardless of the response under which the report was accepted if the case decision is to substantiate abuse and or serious neglect the name s of the perpetrator s are to be entered into the Central Registry via the DSS 5104 Instructions for the completion of the DSS 5104 are located in Chapter VIII Section 1426 When completing a Family Assessment the finding will be reported to the Central Registry with no perpetrator information entered therefore no identification to the RIL will be made North Carolina Administrative Code 10A NCAC 70A 0114 specifies that the local child welfare agency continues to be responsible for the delivery of protective services and for ensuring the safety of children during the Judicial Review process Should the local child welfare agency determine that the family is unwilling to accept critically needed services or despite the agency s efforts to provide or arrange for those services the parents have made no progress toward providing adequate care sufficient to ensure the safety of the child the ability to seek legal judicial intervention through the initiation of a juvenile petition AOC J 130 is preserved During the Judicial Review process should the local child welfare agency determine that protective services a
88. the submission of a DSS 5104d to the Division No entry is allowed unless there is an entry is Field 29 Field 29 Criminal Code THIS FIELD IS NOT REQUIRED UNLESS THERE IS AN ENTRY IN FIELD 28 This code will automatically populate to Field 39 on the DSS 5104 RIL Indicator only if the individuals is not currently on the RIL and if other data keyed on the same DSS 5104 does not place the name on the RIL If the person is already on the RIL entry of data in this field will not have any effect on any other fields Only the following codes are permitted Code Value RIL Placement 1C Abuse Yes 2C Serious Neglect Yes 3C Abuse and Serious Neglect Yes 4C Abuse and or Neglect Yes 5C Serious Neglect and Neglect Yes SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 28 of 28 North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 RESPONSIBLE INDIVIDUALS LIST USER MANUAL GENERAL INFORMATION This User Manual is written for the Social Worker completing the DSS 5104 a paper form and or Data Entry staff entering the data from the DSS 5104 a paper form into the Responsible Individuals List The Responsible Individuals List is used to identify parents guardians caretakers or custodians that have been identified as perpetrators in all substantiated cases of abuse or
89. tically retrieved from the Central Registry It is extremely important that the Responsible Individual s date of birth is accurate for identification purposes in the event that Responsible Individuals names are required by law to be released for such purposes as employment screening Field 3 Age ENTRY REQUIRED The Responsible Individual s age will be automatically retrieved from the Central Registry based on a calculation from the Responsible Individual s date of birth If the Responsible Individual s date of birth is unknown and cannot be obtained the estimated age of the Responsible Individual will be displayed with an E denoting that the age and date of birth is estimated Field 4 Race Ethnicity ENTRY REQUIRED The Responsible Individual s race ethnicity will be automatically retrieved from the Central Registry It will be displayed using one of the following two 2 digit codes North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 Code Value 01 White Native Non Hispanic or Latino 02 White Hispanic or Latino 03 Black Non Hispanic or Latino 04 Black Hispanic or Latino 05 American Indian or Alaskan Native Non Hispanic or L
90. to receive information to access or attempt to access it A person who commits an offense described in this section is guilty of a Class 3 Misdemeanor OUT OF STATE SITUATIONS There are instances when a report is received but the incident occurred out of state or the alleged responsible individual lives out of state A Child and parent caretaker reside in NC maltreatment is out of state When the report indicates that the residence of both the child and the parents or caretakers is in North Carolina but the location of the alleged maltreatment is out of state the county of residence shall conduct the CPS Assessment and if appropriate provide notice to the alleged responsible individual regarding the placement of their name on the RIL once the judicial review process is complete B Child resident of NC parent caretaker non NC resident maltreatment out of state If maltreatment is alleged to have occurred to a North Carolina child while out of state by an individual who is not a resident of North Carolina the agency should refer that report to the state where the alleged maltreatment occurred If that state refuses to accept the report North Carolina should conduct the CPS Assessment with assistance from the other state and if substantiated for abuse and or serious neglect the named perpetrator is not eligible for the Judicial Review process and shall not have their name placed on the RIL C Child resident of NC parent caretaker non NC
91. ue to work with the family on an involuntary basis without the name being placed on the RIL A statement in accordance with G S 7B 320 c 3 informing the individual that unless the individual petitions for a Judicial Review within the specified timeframe 15 days their name will be placed on the RIL and that the NCDSS may provide information from that list to child caring institutions child placing agencies group home facilities and other providers of foster care child care or adoption services including Guardian ad Litem that need to determine the fitness of individuals to care for or adopt children as permitted by G S 7B 311 and 10A NCAC 70A 0107 A clear description of the actions the individual must take to request a Judicial Review to prevent the placement of their name on the RIL These instructions shall include a copy of the Judicial Review Petition AOC J 131 An example of a case decision letter is provided however the letter may be altered to individualize it The letter may read SECTION 1427 RESPONSIBLE INDIVIDUALS LIST Page 8 of 28 NORTH CAROLINA DIVISION OF SOCIAL SERVICES CHILD WELFARE SERVICES MANUAL CHAPTER Vill PROTECTIVE SERVICES CHANGE 04 2013 RESPONSIBLE INDIVIDUALS LIST JUNE 2013 Date Name Address City State ZIP Dear This agency has completed a Child Protective Services CPS Investigative Assessment based on the allegations of This Child Protective Services
92. urt s adjudication decision This date cannot precede the date of the court decision listed in Field 34 This must be entered into the system no later than 5 days from the date of the Adjudication hearing This date will be auto filled on the date of entry 17 North Carolina Division of Social Services 1427 Family Services Manual ATTACHMENT 1 Volume Children s Services Chapter VIII Protective Services Responsible Individuals List User Manual 04 2008 VI RIL INQUIRY TRANSACTION TRACKING SCREEN Option 6 A General Information The Central Registry Responsible Individual List System RIL is changed to provide a historical tracking screen of changes made to the DSS 5104a When changes are made in CR that impacts the RIL the changes will be tracked from the initial RIL entry and continues throughout the life cycle of the DSS 5104a When changes are made to the DSS 5104a that already exists in the RIL System the changes will also be tracked from the initial RIL entry and continues throughout the life cycle of the DSS 5104a Historical records are tracked for all transactions for the RIL from the date created through the history of the RIL Both the Central Registry and the RIL generate transaction records To view the user must have INQUIRY access Logon Procedures From the Banner screen key CICSNC16 Press Enter On the blank screen key SY01 Press Enter The Central Registry Selection Menu displays SY0
93. worker that keyed the transaction displays in the USER field 21 Attachment 3 Personal Written Notice to the RI Date Name Address City State Zip Dear On date i agency name received a report stating that child ren you are caring for are being We have completed our assessment and have found that Now that we have found abuse neglect your name will go on a list North Carolina law N C G S 7B 311 requires this This list is called the Responsible Individuals List Some employers see the Responsible Individuals List and when your name is on this list you may not be allowed or continue to be allowed to work or volunteer around children Because your name is on this list and it may stop you from working or volunteering around children North Carolina law N C G S 7B 321 allows you to request that your name be removed from the Responsible Individuals List You can make the following 3 requests to have your name taken off the Responsible Individuals List however if you make such a request and move or change your address please let us know so you can receive a response to your request 1 The first step is to contact the Director of Social Services who will review your case This request must be in writing You must deliver the request in person or by certified mail return receipt requested and be received by the Director no later than Please send your written request to Instruction

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