DEPARTMENT OF HEALTH AND HUMAN SERVICES
DIVISION OF SOCIAL SERVICES
CHILD WELFARE SERVICES
ROY COOPER

MANDY COHEN, MD, MPH

GOVERNOR

SECRETARY

WAYNE E. BLACK
DIRECTOR

December 20, 2017
DEAR COUNTY DIRECTORS OF SOCIAL SERVICES
SUBJECT: URGENT: POLICY AND PRACTICE ALERT: PRIVATE CUSTODY AGREEMENTS
It has come to our attention that child welfare staff in some county Departments of Social Services may be
facilitating the completion of private custody agreements between the parent(s) of children involved in Child
Protective Services and other family members or other individuals, without the oversight of the Court. Counties
thought to be facilitating such agreements have been contacted directly. This letter is a reminder that facilitating
such private custody agreements without the oversight of the Court falls outside of both law and policy.
NCGS 108A-14(a)(11) provides that a director of social services has the duty and responsibility to “assess reports
of child abuse and neglect and to take appropriate action to protect such children pursuant to the Child Abuse
Reporting Law, Article 3 of Chapter 7B of the General Statutes.” Article 3 of Chapter 7B of the General Statutes
and DHHS policy set forth the duties and responsibilities of county Departments of Social Services related to the
placement and custody of children involved in Child Protective Services. The use of agency resources to facilitate
private custody agreements without the oversight of the Court does not fall within the provision of Child
Protective Services, and is therefore beyond the scope of a County Department of Social Services’ duties and
responsibilities.
As a reminder, the goal of Child Protective Services is to support and improve parental/caregiver abilities to
assure a safe and nurturing home for each child. In-Home Services engages families in the planning process while
producing better outcomes of safety, permanence, and well-being for children, and encourages families to develop
a support network that can assist them in planning for coping with future challenges.
If you have questions, please consult with your agency attorney or contact your Children’s Program
Representative.
Sincerely,

Lisa T. Cauley
Deputy Director
CWS-50-2017
WWW.NCDHHS.GOV
TEL 919-527-6370 • FAX 877-625-4374
LOCATION: 820 S. BOYLAN AVE. • MCBRYDE BUILDING • RALEIGH, NC 27603
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