131D-10.4. Exemptions.
This Article does not apply to any of the following:
(1) Any residential child-care facility chartered by the laws of this State (or operating under charters of other states which have complied with the corporation laws of this State) which has a plant and assets worth sixty thousand dollars ($60,000) or more and which is owned or operated by a religious denomination or fraternal order and which was in operation before July 1, 1977.
(2) State institutions for children with serious emotional disturbances, delinquent children, or individuals with mental illnesses, intellectual or other developmental disabilities, or substance use disorders.
(3) Secure detention facilities as specified in Part 3 of Article 13 of Chapter 143B of the General Statutes.
(4) Licensable facilities subject to the rules of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services as specified in Article 2 of Chapter 122C of the General Statutes.
(5) Persons authorized by statute to receive and place children for foster care and adoption in accordance with G.S. 108A-14.
(6) Primarily educational institutions as defined in G.S. 131D-10.2(11).
(7) Individuals who are related by blood, marriage, or adoption to the child. (1983, c. 637, s. 2; 1985, c. 589, s. 39; 1991, c. 636, s. 19(b); 1998-202, s. 13(ii); 1999-423, s. 6; 2000-137, s. 4(gg); 2011-145, s. 19.1(ll); 2019-76, s. 16.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 131D - Inspection and Licensing of Facilities
Article 1A - Control over Child Placing and Child Care.
§ 131D-10.1 - Foster Care Children's Bill of Rights; purpose.
§ 131D-10.2A - Reasonable and prudent parent standard.
§ 131D-10.2B - Foster care until 21 years of age.
§ 131D-10.3 - Licensure required.
§ 131D-10.3A - Mandatory criminal checks.
§ 131D-10.5 - Powers and duties of the Commission.
§ 131D-10.5A - Collection of data on use of restraints in residential child-care facilities.
§ 131D-10.6 - Powers and duties of the Department.
§ 131D-10.6A - Training by the Division of Social Services required.
§ 131D-10.6B - Report of death.
§ 131D-10.6C - Maintaining a register of licensed foster homes by the Division of Social Services.
§ 131D-10.9 - Administrative and judicial review.