North
Carolina Foster Care,
Youth Rights & Responsibilities
A brochure prepared by Advocates for
Children's Services
Understand what is
happening in your life!
Know your rights and responsibilities!
Be involved in the decisions that affect you!
CONTENTS:
Introduction
Constitutional Rights
Federal Laws
State Laws
Your Rights & Responsibilities To (per NC General Statutes):
1.
Be Involved In
Your Legal Proceedings
2.
Appointment of a "Guardian as Litem" (GAL)
3.
Continued Familial Relationships
4. Proper &
Fair Treatment
5.
Proper Physical/Mental Health Care
6. Educational
Services
7. Transitional
Services
8.
Voice Your Complaints of Violations
Contacts
References
North Carolina Foster Care,
Youth Rights & Responsibilities
Introduction
This handbook is published by Legal Aid of North
Carolina – Advocates
for Children’s Services. It is intended to inform
foster care youths of the laws that they have as children in foster
care. Advocates for Children’s Services believes that
children are capable of understanding and participating in decisions
that are important to them. We also believe that children’s
"expressed interest" should be heard by the Court at every
critical stage of the legal process.
Advocates for Children’s Services is a part of Legal Aid of
North Carolina, and lawyers are available to advocate for the
expressed interest of children and for placement, educational and
medical services that are needed by each child. There is no fee
for our services.
It is important that every foster child know what their rights and
responsibilities are and what critical decisions are being made
throughout the course of their lives. We believe YOUR voice should
be heard, either directly from you, or through us. The more you know
about your rights the more you can participate in having your
expressed interest considered by the court and by the persons and
agencies with whom you interact.
We do not believe children are objects or property. We believe
their voices should be heard.
Constitutional
Rights
The U.S. Supreme Court stated in a 1967 decision(1)
that "neither the 14th Amendment nor the Bill of Rights is for
adults alone" and that "under our constitution, the condition of
being a boy does not justify a kangaroo court."
Two years later (2), the Court also said,
"Constitutional rights do not mature and come into being magically
only when one attains the state-defined age of majority. Minors, as
well as adults, are protected by the constitution and possess
constitutional rights."
In 1969, in a case involving a child’s wearing of an arm band to
school, the court stated that "[Children are persons and] possessed
of fundamental rights which the state must respect."(3)
Then, in 2000, during a case discussion on child abuse, the court
said, "Government has no nobler duty than that of protecting
its country’s lifeblood – the children."(4)
Federal Laws
The U. S. Congress has passed some very important
laws that specifically state how children in foster care are to be
treated. These laws also indicate what services are to be provided
to foster children so that their Constitutional Rights are
protected.
President Clinton passed the Adoption and Safe Families Act on
November 19, 1997. This new law(5) was as passed in
an effort to more quickly move children from dangerous situations
into permanent and safe homes – particularly if they had special
needs. The federal government committed itself to providing more
than half the cost of caring for foster children with special needs.
President Clinton stated that "[T]he child’s health and safety shall
be paramount."
This new Federal Law required States to enact laws to meet the goals
of the new Federal law. To receive the federal foster care money,
all states must meet the following guidelines:
-
Making
child safety a paramount concern in providing
services, and making placement and permanency decisions.
-
Shortening
the amount of time children spend in foster care.
-
Providing
timely and intensive services for families and
children.
-
Focusing
on positive outcomes by increasing Adoption
incentives.
State Laws
The State of North Carolina has passed legislation
and has amended their administrative procedures and their policy
manuals in order to comply with the Federal goals in caring for
foster children.(6)
The North Carolina General Statutes contain the laws passed by
our legislators in an effort to notify you and the public of your
rights to make sure you receive what you are entitled to and to make
sure your rights are not violated. These rights and
responsibilities, in a broad scope, include:
- 1. The
Right and Responsibility to be involved in legal
proceedings
affecting you.
- 2. The
Right and Responsibility to have a guardian ad Litem if you
were abused or
neglected and the right to legal representation
if your parent’s
parental rights are being terminated.
- 3. The
Right and Responsibility to maintain familial relationships.
- 4. The
Right and Responsibility to be properly and fairly treated
while in foster care.
- 5. The
Right and Responsibility to physical and mental health care.
- 6.
The
Right and Responsibility to appropriate and adequate
educational services.
- 7. The
Right and Responsibility to transitional services if you are
aging out of foster care.
- 8.
The
Right and Responsibility to voice your complaint if you
believe you are not being
treated properly or that your rights
have been
violated.
Your Right and Responsibilities
(per NC General Statutes)
1. The Right and Responsibility To
Be Involved In Your
Legal Proceedings
If you are in Foster Care, chances are you came into the
care and custody of the Department of Social Services because you
were either abused, neglected, or determined to be a dependent youth
of the state The state then assumed the responsibility of your care
and custody. The process of bringing you into the care and custody
of the state, keeping you, returning you home or preparing you for
adoption, involves a series of legal proceedings which must occur.
These legal proceedings affect your life, and you have a right and
responsibility to be involved in them. These are your "due process"
rights.
There are many stages in the legal process. Here is what is
contained within some of the relevant sections of Chapter 7B of the
North Carolina General Statutes along with definitions of terms that
we have included:
- 7B-500
A juvenile may be taken into temporary custody without a court
order by a law enforcement officer or a department of
social services worker if there are reasonable grounds to
believe that the juvenile is abused, neglected, or dependent and
that the juvenile would be injured or could not be taken into
custody if it were first necessary to obtain a court order.
"Temporary Custody":
When DSS takes physical custody of a youth and provides personal
care and supervision until a court order for secure or
non-secure custody can be obtained.
-
7B-501(b)
A juvenile taken into temporary custody…shall not be held for
more than 12 hours, or for more than 24 hours if any of the 12
hours falls on a Saturday, Sunday, or legal holiday, unless:
(1) A petition or motion for review has been filed by
the director of the department of social services, and
(2) An order for non-secure custody has been
entered by the court.
-
7B-503(a)
A juvenile alleged to be abused, neglected, or dependent
shall be placed in nonesuch custody only when there is a
reasonable factual basis to believe that there are no
other reasonable means available to protect the juvenile.
In no case shall a juvenile alleged to be abused, neglected, or
dependent be placed in secure custody.
"Non-secure Custody":
Placement in the home of a relative or foster care or other
court approved facility in order to protect a youth.
"Secure Custody":
Placement in a locked facility.
-
7B-506(a)
No juvenile shall be held under a nonesuch custody order for
more than seven calendar days without a hearing on the merits or
a hearing to determine the need for continued custody. A hearing
on nonesuch custody…may be continued for up to 10 business days
with the consent of the juvenile's parent, guardian, custodian,
or caretaker and, if appointed, the juvenile's guardian ad litem.
-
7B-506(b)
At a hearing
to determine the need for continued custody, the court shall
receive testimony and shall allow the guardian ad litem, or
juvenile, and the juvenile's parent, guardian, custodian, or
caretaker an opportunity to introduce evidence, to be heard in
the person's own behalf, and to examine witnesses.
-
7B-506(e)
If the court orders at the hearing required in subsection
(a)…that the juvenile remain in custody, a subsequent hearing on
continued custody shall be held within seven business days of
that hearing, excluding Saturdays, Sundays, and legal holidays,
and pending a hearing on the merits, hearings
thereafter shall be held at intervals of no more than 30
calendar days.
-
7B-801(a)
At any hearing…, the court in its discretion shall determine
whether the hearing or any part of the hearing shall be closed
to the public.
-
7B-801(b)
No hearing or part of a hearing shall be closed by the court if
the juvenile requests that it remain open.
-
7B-801(c)
The ad judicatory hearing shall be held…no later than 60 days
from the filing of the petition unless the judge…orders that
it be held at a later time.
"Ad Judicatory Hearing":
A hearing to determine whether the allegations stated in the
petition are true.
"Allegations":
What someone says is true but what must be proven to be true by
"clear and convincing evidence.
"Dispositional Hearing":
A hearing to design an appropriate plan o meet a youth’s
needs or to dismiss he case if warranted.
-
7B-802
In the ad judicatory hearing, the court shall protect
the rights of the juvenile and the juvenile's parent to assure
due process of law.
-
7B-808
The court shall proceed to the dispositional hearing upon
receipt of sufficient social, medical, psychiatric,
psychological, and educational information. No predisposition
report shall be submitted to or considered by the court prior to
the completion of the ad judicatory hearing.
The court shall permit the guardian ad litem or juvenile to
inspect any predisposition report to be considered by the court
in making the disposition unless the court determines that
disclosure would seriously harm the juvenile's treatment or
would violate a promise of confidentiality.
Opportunity to offer evidence in rebuttal shall be afforded
[given to] the guardian ad litem or juvenile, and the juvenile's
parent, guardian, or custodian at the dispositional hearing.
-
7B-900
The purpose of dispositions in juvenile actions is to
design an appropriate plan to meet the needs of the juvenile….
If possible, the initial approach should involve working with
the juvenile and the juvenile's family in their own home so that
the appropriate community resources may be involved in care,
supervision, and treatment according to the needs of the
juvenile.
-
7B-906(a)
In any case where custody is removed from a parent, guardian,
custodian, or caretaker the court shall conduct a review hearing
within 90 days from the date of the dispositional hearing and
shall conduct a review hearing within six months thereafter.
The clerk shall give 15 days' notice of the review and its
purpose to the parent, the juvenile, if 12 years of age or more,
the guardian, any foster parent, relative, or pre-adoptive
parent providing care for the child, the custodian or agency
with custody, the guardian ad litem, and any other person or
agency the court may specify….
-
7B-906(c)
At every review hearing, the court shall consider information
from the parent, the juvenile, the guardian, any foster parent,
relative, or pre-adoptive parent providing care for the child,
the custodian or agency with custody, the guardian ad litem, and
any other person or agency which will aid in its review.
-
7B-907(a)
In any case where custody is removed from a parent, guardian,
custodian, or caretaker, the judge shall conduct a
review hearing designated as a permanency planning hearing
within 12 months after the date of the initial order removing
custody….
The purpose of the permanency planning hearing shall be to
develop a plan to achieve a safe, permanent home for the
juvenile within a reasonable period of time.
Subsequent permanency planning hearings shall be held at
least every six months thereafter, or earlier as set by the
court, to review the progress made in finalizing the permanent
plan for the juvenile, or if necessary, to make a new permanent
plan for the juvenile.
The clerk shall give 15 days' notice of the hearing and its
purpose to the parent, the juvenile if 12 years of age or more,
the guardian, any foster parent, relative, or pre-adoptive
parent providing care for the child, the custodian or agency
with custody, the guardian ad litem, and any other person or
agency the court may specify….
-
7B-907(b)
At any permanency planning review, the court shall consider
information from the parent, the juvenile, the guardian, any
foster parent, relative or pre-adoptive parent providing care
for the child, the custodian or agency with custody, the
guardian ad litem, and any other person or agency which will aid
it in the court's review.
-
7B-908(a)
The purpose of each placement review is to ensure that every
reasonable effort is being made to provide for a
permanent placement plan for the juvenile…consistent with the
juvenile's best interests.
At each review hearing the court may consider information
from the department of social services, the licensed
child-placing agency, the guardian ad litem, the child,
any foster parent, relative, or pre-adoptive parent providing
care for the child, and any other person or agency the court
determines is likely to aid in the review.
-
7B-908(b)
The court shall conduct a placement review not later than six
months from the date of the termination hearing….
"Termination Hearing":
A hearing that will determine that the parent is no longer
recognized as a youth’s parent in the eyes of the law.
-
7B-910(a)
The court shall review the placement of any juvenile in foster
care made pursuant to a voluntary agreement between
the juvenile's parents or guardian and a county department of
social services.
"Voluntary Placement":
A parent has agreed to place their child in foster care and the
DSS has agreed to accept the child in foster care.
-
7B-910(c)
An initial review hearing shall be held not more than 180 days
after the juvenile's placement and shall be calendared by he
clerk for hearing within such period upon timely request by the
director of social services. Additional review hearings shall
be held at such times as the court shall deem appropriate….
A juvenile placed under a voluntary agreement between
the juvenile's parent or guardian and the county department of
social services shall not remain in placement more than 12
months without the filing of a petition alleging abuse, neglect,
or dependency.
-
7B-910(d)
The clerk shall give at least 15 days' advance written notice of
the initial and subsequent review hearings to the parents or
guardian of the juvenile, to the juvenile if 12 or more years of
age, to the director of social services, and to any other
persons whom the court may specify.
-
7B-1106.1(a)
Upon the filing of a motion [for termination of parental rights]
the movant shall prepare a notice directed to…[t]he juvenile, if
the juvenile is 12 years of age or older at the time the motion
is filed….
The notice shall [explain that] a written response [can be
filed] within 30 days after service of the motion and notice.
"Motion":
A legal paper filed with the court to request a chance to be
heard about a issue you want the court to decide for you.
"Movant":
The person filing the Motion.
"Notice":
A formal invitation to attend a hearing to discuss the Motion.
"Calendared":
Putting a Motion on the Court’s calendar for a hearing.
2.
The Right and Responsibility To
Appointment of a Guardian
ad Litem
("GAL")
The Guardian ad Litem (GAL) program is run by the
Administrative Office of the Courts for the State of North Carolina.
The GAL is an officer for the Court. The program trains volunteers
who are to act independently as an advocate to represent the "best
interest" of children. When DSS files a petition alleging a child is
abused or neglected the court must appoint a GAL.(7)
If the youth is dependent, the judge is not required to appoint a
GAL, but may do so. However, if A GAL was not appointed initially
and later in time there is a hearing for Termination of Parental
Rights, then, the Court is required to appoint a GAL for you if your
parents contest the grounds for termination of their parental
rights.(8)
If a GAL is not an attorney, an attorney is appointed to assist the
GAL in an effort to protect a child’s legal rights. The appointment
will end when the permanent plan for a youth is achieved. The North
Carolina Statutes provide for this appointment in Chapter 7B,
Section 601 and Section 908(b)(2). These statutes, or laws, also
list the duties of the GAL.
-
7B-601
The duties of the guardian ad litem program shall be to:
* make an investigation to determine the facts, the
needs of the juvenile, and the available
resources within
the family and community to meet those needs;
* to facilitate, when appropriate, the settlement of
disputed issues; to offer evidence and examine
witnesses
at adjudication;
* to explore options with the court at the dispositional
hearing;
* to conduct follow-up investigations to insure that the
orders of the court are being properly executed;
* to report to the court when the needs of the juvenile
are not being met;
* and to protect and promote the best interests of the
juvenile until formally relieved of the
responsibility
by the court.
Your GAL has a duty to protect your
"best
interests". Your GAL may talk with your teachers,
foster parents, parents, social worker or anyone else they believe
may have important information about you. Your GAL can also obtain
information from other persons or agencies, just like an attorney
might.
If your GAL is not an attorney, they will have to consult an
attorney if you have a question or concern that is a legal matter.
Your GAL and you have a confidential relationship just like you
would have with an attorney.
If you have a GAL you probably know how to contact them. You have
the responsibility to contact them to tell them your needs and
preferences. If you do not know whether you have a GAL or who the
GAL is, you need to ask your DSS worker, your foster parents, or the
court for that information.
3.
The Right and Responsibility To
Continued Familial
Relationships
The North Carolina General Statute relating to
handling of cases for youths who are abused, neglected or dependent
states as its purpose:
-
7B-100(4)
To provide standards for the removal, when necessary, of
juveniles from their homes and for the return of juveniles to
their homes consistent with preventing the unnecessary or
inappropriate separation of juveniles from their parents.
-
7B-900
If possible, the initial approach should involve working
with the juvenile and the juvenile's family in their own home so
that the appropriate community resources may be involved in
care, supervision, and treatment according to the needs of the
juvenile.
If protective services have determined that you
cannot stay safely in your parent’s home, you will likely be placed
in non-secure (unlocked residential home) custody. By statute(9)
the first option for DSS is to consider whether you have a relative
who is willing and able to provide proper care and supervision in a
safe home. If the court finds that a relative is willing and able to
provide proper care and supervision in a safe home, then the court
shall order your placement with the relative. If the court
finds that placement with the relative would be contrary to your
best interests, another placement will be found.
If you do not have such a relative and you are placed in foster
care, both North Carolina Law and Federal Law require DSS to try to
provide services to your family, if reunification is to be an
option. The goal in reunification is to return you to a safe home
and to prevent any future need for protective services. A plan
for reunification will be implemented while you remain in foster
care.
This means that a Family Services Case Plan or Individual Child
Services Case Plan will be developed by DSS which explains what
conditions caused you to be removed from your home and what it will
take for you to be returned. You have a right to be told when
you will be able to see your parents or your sisters or brothers.
Be sure to let people know you want to see your siblings.
If reunification is not an option, the Federal and NC State Law
require that you be placed in the "least restrictive, most
family-like" setting, and within close proximity to your family or
relatives.
Your case plan must be periodically reviewed to make sure it is
still a good plan.(10)
4. The
Right and Responsibility To
Proper and Fair Treatment
The State of North Carolina has regulations(11)
that tell the County Departments of Social Services how you are to
be treated while in foster care. Those regulations state that:
The foster parents shall ensure that
each child:
a. has clothing to wear that is appropriate to the weather;
b. is allowed to have personal property;
c. is encouraged to express opinions on issues concerning
care;
d. is provided care in a manner that recognizes variations in
cultural values and traditions;
e. is provided the opportunity for spiritual development and
is
not denied the right to practice religious beliefs;
f. is not identified in connection with the agency in any way
that would bring the child or the child's family embarrassment;
g. is not forced to acknowledge dependency on or gratitude to
the foster parents;
h. is encouraged to contact and have telephone
conversations
with family members, when not contraindicated in the
child's treatment or service plan;
i. is provided training and discipline that is appropriate for
the child's age, intelligence, emotional makeup and past
experience;
j. is not subjected to cruel, severe, or unusual punishment;
k. is not subjected to corporal punishment;
l. is not deprived of a meal or contacts with family for
punishment or placed in isolation time-out except when
isolation
time-out means the removal of a child to a
separate unlocked room or
area from which the child is
not physically prevented from leaving.
The foster parent
may use isolation time-out as a behavioral control
measure
when the foster parent provides it within hearing distance
and sight of another foster parent. The length of time alone
shall
be appropriate to the child's age and development;
m. is not subjected to verbal abuse, threats, or humiliating
remarks about himself or his family;
n. is provided a daily routine in the home that promotes
good
mental health and provides an opportunity for normal
activities with
time for rest and play;
o. is provided training in good health habits, including
proper
eating, frequent bathing and good grooming. Each child
shall
be provided food with appropriate nutritional content
for normal
growth and health. Any special diets
recommended by a physician must
be provided;
p. is provided medical care in accordance with the treatment
prescribed for the child;
q. is of mandatory school age maintains regular school
attendance unless the child has been officially excused by
the
proper authorities;
r. is encouraged to participate in
neighborhood and group
activities, to have friends visit the home
and to visit in
the homes of friends;
s. assumes some responsibility for himself and household
duties in accordance with his age, health and ability.
Household
tasks shall not interfere with school, sleep, play
or study periods;
t. is not permitted to do any task which is in violation of
child labor laws or not appropriate for a child of that age;
u. is provided supervision in accordance with the child's
age,
intelligence, emotional makeup and past experience; and
v. if less than six years of age, is properly secured in a
child
passenger restraint system which is of a type and which is
installed in a manner approved by the Commissioner of
Motor
Vehicles.
5.
The Right and Responsibility To
Proper Physical/Mental
Health Care
When you come into foster care, you may have medical needs
as well as psychological needs for which you require treatment. Your
DSS social worker will evaluate what services you need and whether
or not you have a "disability" for which you need special
accommodations, diet or other services.
Under the Medicaid services for which you are generally eligible, as
a foster child, your DSS social worker will ordinarily arrange for
these services to be provided to you. If you believe you have
medical or mental health needs and are not receiving services, you
may want to discuss this with your foster parents or social worker.
If you are not satisfied with the results of those discussions, you
can also contact our office to assist you in advocating for services
for which you may be eligible.
If you are leaving foster care and are returning home, you may also
qualify for Medicaid services. If you are returning to your family,
depending on your parent’s income and other eligibility criteria,
you may be able to receive Medicaid benefits under the Family &
Children’s Medicaid guidelines established by the North Carolina
Department of Health and Human Services.
If you are 18 years of age and on your own, you may also be able to
receive medical and mental health services through Medicaid. The
Foster Care Independence Act(12) passed by the
Federal Government in December of 1999 allowed States to provide
optional Medicaid coverage to "independent foster care adolescents"
according to eligibility standards that they could determine. North
Carolina has elected to make this coverage available to youths who
remain in foster care through their 18th birthday. If a
youth meets income eligibility guidelines, they can receive Medicaid
benefits until age 21.
If you left foster care after turning 18, you need to contact your
local Social Security Administration office to see if you qualify
for Medicaid services.
6. The Right and Responsibility To
Educational Services
Whether you are a foster child or living with your parents,
the Federal law guarantees all children with disabilities a "free
and appropriate public education." In 1990, the Individuals with
Disabilities Education Act (IDEA) required school systems to design
Individualized Education Programs (IEP) for each child diagnosed
with a disability that was interfering with their success in school.
A disability can include:
-
mental
retardation;
-
hearing
impairments (including deafness);
-
speech
or language impairments;
-
visual
impairments (including blindness);
-
serious
emotional disturbance;
-
orthopedic
impairments;
-
autism;
-
traumatic
brain injury
-
other
health impairments; and
-
specific
learning disabilities.
The school system is required to test all
children who may be suspected of having a disability and to provide
them with the services needed.
If you believe you are having difficulty in school even though you
are trying your best to do well, ask your social worker, foster
parent or school counselors about testing your for a disability. You
have a right to receive the services you need.
If you have been diagnosed with a learning disability and have an
IEP in place, you will be able to continue to be eligible to receive
educational services in the public school system until you are 21
years of age.
7. The Right and Responsibility To
Transitional Services
On December 14, 1999 President Clinton signed the Chafee
Foster Care Independence Act. This is a very important law for
you if you will be aging out of foster care. You will not be
abandoned and totally on your own as foster children have been in
years past. This law recognizes the need for teens to have continued
financial, medical and emotional support when they begin to start
taking care of themselves.
North Carolina has agreed to participate with the Federal Government
and offer its youth independent living skills training under the
Chafee Foster Care Independence Act. By participating, North
Carolina will receive Federal money in order to assist its youths.
North Carolina has indicated their intent to:
-
Help
youth make the transition to self-sufficiency
-
Help
youth receive the education, training and services necessary to
obtain employment
-
Help
youth prepare for and enter post-secondary training and
education institutions
-
Provide
financial, housing, counseling, employment, education and other
support services to youths between 18 and 21
For Youths, age 16 through 21, participation
means learning skills such as how to budget, how to find and keep a
job, and how to get and maintain an apartment.
It also means you will be eligible for scholarships and/or funding
for vocational training. The NC State Department of Social Services
is also working with the Division of Community Colleges in an effort
to get tuition assistance for former foster youths. There are
Federal Financial Aid Programs, such as the Pell Grant, which will
also provide you with money for college.
If you were in foster care on your 18th birthday, by
continuing to participate with the foster care program through age
21, you will also likely be eligible for continued medical coverage
under the North Carolina State Medicaid Program. Eligibility that
might normally end at age 18 can continue until you are 21,
depending on factors such as your income level, your participation
in continuing education or whether or not you have a disability
which might qualify you for Supplemental Security Income. Your local
Social Security Administration will be able to advise you on whether
or not you qualify for continued Medicaid coverage.
If you are 16 or older, contact your social worker and tell him/her
you want to begin participating in programs available to you in your
County. You can also contact your local SAYSO (Strong Able Youth
Speaking Out) organization to gain information about training
programs in your area or of interest to you. You can even go
directly to the State coordinator at the Links Program Office if you
are unsuccessful at the local level.
8. The Right and Responsibility To
Voice Your
Complaints of Violations
If you are a foster child and you believe any of your rights
have been violated you have the responsibility to notify the
appropriate persons or authorities to stop the violation.
There are several people with whom you interact that you can talk
to. Some very good people to talk to include:
Your
DSS Social Worker
Your
Social Worker’s Supervisor
Your
Foster Parents
Your
Guardian ad Litem (if one was appointed to represent you)
Your
Parents (if appropriate)
Your
Teachers, Guidance Counselors or Principal
The
Judge at each of your review hearings (remember you
have a right and responsibility to attend
and be heard).
Members
of your church or community
Public
Safety Officers and Firemen
Legal
Aid of NC–Advocates
for Children’s Services project staff.
Learn now who these people are. Keep a telephone
and address list for them. Then, if you need to contact them, you
will know who to contact and how to reach them.
Contacts
Here are a few Internet sites we have found that
you may want to access. These sites can help you contact us,
contact SAYSO, and to gain easy access to lots of other useful links
for foster children.
References
(1) In re
Gault, 387 U.S. 1, 13, 26 (1967).
(2) Planned Parenthood v. Danforth,
428 U.S. 52, 74 (!976).
(3) Tinker V. Des Moines Community
School Dist.,
393 U.S. 503, 51 (1969).
(4) Dobson v. Harris and J.C. Penny,
Inc.,
352 N.C. 77 at 80,
530 S.E.2d 829 (2000)
(emphasis added).
(5) Public Law 105-89 which amends
sections of the
Adoptions Assistance and
Child Welfare Act of 1980,
P.L. 96-272.
(6) N.C.G.S. Chapter 7B; 10 N.C.A.C. 41F
and the North
Carolina Department of
Health and Human Services
Manual, Chapter IV,
Section 1201.
(7) N.C.G.S. § 7B-600(3).
(8) N.C.G.S. § 7B-1108(b).
(9) N.C.G.S. §7B-505.
(10) N.C. Department of health & Human Services
Manual Ch.IV, Sec. 1201.
(11) 10 N.C.A.C. 41F .071.
(12) Foster Care Independence Act § 121(a), 113
State.
1829, amending 42 U.S.C.
§ 1396(a)(10)(A)(ii).
This information
prepared by:
Advocates for
Children's Services
(A special Statewide project of
Legal
Aid of North Carolina)
201 West Main Street, Suite 400, Durham, NC 27702
919-226-0051
E-mail:
ACSinfo@legalaidnc.org · Website:
www.legalaidnc.org
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