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Minimum Standards of Care for Children - Violence
VII. DOMESTIC VIOLENCE
Parent, caretaker or child has not been injured as a result of violence in the home.
Parent or caretaker has taken appropriate steps to protect self/child from the
batterer such as a restraining order, going to a safe house, etc.
Child has not called 911 for assistance due to violence in the home.
Child does not display extreme anxiety, depression, etc. due to violence in the home.
Parent or caretaker physically intervening with an out of control child does not
cause the child physical injury.
Child not present when parent or caretaker was involved in violent acts or activities.
VIII. SUBSTANCE ABUSE
Child receives adequate care from parent or caretaker despite substance abuse or misuse by their parent or caretaker.
Child does not have access to illegal substances or prescription medications.
Child receives adequate supervision despite substance abuse or misuse by their parent or caretaker.
Newborn does not display evidence of illegal drugs/ misuse of prescription drugs in his/her system or does not suffer from fetal alcohol syndrome.
G.S. 7B-101(1)- Any Juvenile less than 18 Years of Age Whose Parent, Guardian, Custodian, or Caretaker:
A. Inflicts or Allows to Be Inflicted upon the Juvenile a Serious Physical Injury by Other
than Accidental Means;
(1) Child's injuries can be documented as resulting from an accident;
(2) Child's injuries inflicted by someone other than a parent or caretaker and parent or
caretaker had no information to alert them to the potential harm.
B. Creates or Allows to Be Created a Substantial Risk of Serious Physical Injury to
Juvenile by Other than Accidental Means;
(1) Child's injuries can be documented as being accidental;
(2) Injuries were inflicted by someone other than parent or caretaker and parent or
caretaker had no knowledge of potential harm;
(3) Child was in a situation where a risk of injury was present but the parent or
caretaker had no information that would have alerted them to the potential harm.
"Injuries inflicted" also include injuries that result from a situation created by an individual, i.e., locking in a closet, scalding or burning, starvation.
C. Uses or Allows to Be Used upon the Juvenile Cruel or Grossly Inappropriate
Procedures or Cruel or Grossly Inappropriate Devices to Modify Behavior;
(1) Child is not forced to ingest food or liquids for punishment;
(2) Child is not restrained with belts, ropes, etc.;
(3) Child is not locked in closets or small rooms;
(4) Child is not prevented from exercising normal bodily functions;
(5) Child is not disciplined for behavior beyond the child's control (bed-wetting,
disabilities, and handicaps);
(6) Child is not punished by withholding food or water for extended periods;
(7) Child is not prevented from sleeping as a means of punishment;
(8) Child is not forced to bathe in harmful solutions (Clorox, disinfectants, etc.).
D. Commits, Permits, or Encourages the Commission of a Violation of the Following
Laws By, With, or Upon the Juvenile:
First Degree Rape, as Provided in G.S.14-27.2; Second Degree Rape as Provided in
G.S.14-27.3; First Degree Sexual Offense, as Provided in G.S. 14-27.4; Second
Degree Sexual Offense, as Provided in G.S. 14-27.5; Sexual Act by a Custodian, as
Provided in G.S. 14-27.7; Crime Against Nature, as Provided in G.S. 14-177; Incest,
as Provided in G.S. 14-178 and 14-179; Preparation of Obscene Photographs, Slides
or Motion Pictures of the Juvenile, as Provided in G.S. 14-190.5; Employing or
Permitting the Juvenile to Assist in Violation of the Obscenity Laws as Provided in
G.S. 14-190.6; Dissemination of Obscene Material to the Juvenile as Provided in G.S.
14-190.7 and G.S. 14-190.8; Displaying or Disseminating Material Harmful to the
Juvenile as Provided in G.S. 14-190.14 and G.S. 14-190.15; First and Second
Degree Sexual Exploitation of the Juvenile as Provided in G.S. 14-190.16 and G.S.
14-190.17; Promoting the Prostitution of the Juvenile as Provided in G.S. 14-190.18;
and Taking Indecent Liberties with the Juvenile, as Provided in G.S. 14-202.1,
Regardless of Age of the Parties;
The only exceptions are as follows:
(1) Parent or caretaker has not violated any of the above laws;
(2) Non-offending parent or caretaker had no information that should have alerted them to the violation of the above laws by the offending parent or caretaker;
(3) Non-offending parent or caretaker takes all necessary steps to protect and support child upon learning of sexual abuse of child by parent or caretaker;
(4) Parent or caretaker of child, who has been sexually abused by a third party, had no information that should have alerted them to potential harm and in no way assisted, arranged or ignored the abuse.
(5) The age of consent is 16 years of age in North Carolina; this does not apply to adult relatives.)
E. Creates or Allows to Be Created Serious Emotional Damage to the Juvenile.
Serious Emotional Damage Is Evidenced by a Juvenile's Severe Anxiety,
Depression, Withdrawal or Aggressive Behavior Toward Himself or Others.
(1) Parent or caretaker's behaviors cannot be documented as having created or allowed to create severe anxiety, depression, withdrawal or aggressive behavior toward himself or others.
F. Encourages, Directs or Approves of Delinquent Acts Involving Moral Turpitude
Committed by the Juvenile.
(1) Parent or caretaker's involvement in extensive criminal activity, drug usage, violence, fraud, immoral behavior cannot be documented as having influenced the child to participate in the same activities;
(2) Parent or caretaker attempts to correct behavior or secure services for child who has become involved in acts involving moral turpitude.
The use of tobacco products by a child is not a report of moral turpitude. It is illegal for a child under 18 to purchase these products but it is not illegal for the child to use them. Other information concerning a child using tobacco products such as the child’s age, health, etc. would be taken into consideration in determining whether or not it is a child protective services matter.
Department of Social Services
80 Academy Street
Bryson City, NC 28713
PO Box 610
Bryson City, NC 28713
Sheila Sutton, Director