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Chapter 13 Relevant Federal Laws

Details: Many federal laws affect abuse, neglect, dependency, or termination of parental rights (TPR) proceedings. Some of those federal laws relate specifically to child welfare and require the states to comply with certain requirements, particularly when related to eligibility for and receipt of federal funding for child welfare activities.

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What do the mandated services laws require

Details: The mandated services rules address thirteen types of services that fall into one of two categories: (1) services that the local agency must provide under the direction of the local health director and supervision of the local board of health; or (2) services that a county may provide through the local public health agency, contract with another entity to provide, or not provide at all if the

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Statutes UNC School of Government

Details: General Statutes Chapter 15, Article 2 (seized and abandoned property) General Statute 20-187.2 (badge and service side arm of deceased or retiring members of State, city and county law-enforcement agencies; weapons of active members) General Statute 20-187.4 (disposition of retired service animals) Conflicts of Interest / Gifts and Favors:

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Chapter 1: Implied Consent Laws: Theory and Procedure

Details: Implied Consent Laws: Theory and Procedure © 2014 School of Government DRAFT: 1/18/2014 2 person refuses to submit to such testing, the person’s license may be

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CONFLICT OF LAWS IN NORTH CAROLINA

Details: the Second Restatement of Conflict of Laws to determine the law governing UCC claims. 7. II. T. ORTS. A. The General Rule – Lex Loci Delicti a. North Carolina has long adhered to the rule that the law of . the place where the injury occurred. governs resolution of the substantive issues in a tort claim. The fancy name for this concept is

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School of Government Legal Citation and Style Guide

Details: North Carolina Statutes, Session Laws 14 CITATIONS TO THE NORTH CAROLINA GENERAL STATUTES 14 NORTH CAROLINA SESSION LAWS 15 Federal Statutes, Regulations 15 UNITED STATES CODE 15 CODE OF FEDERAL REGULATIONS 16 FEDERAL REGISTER 16 CONSTITUTIONS16 Federal Constitution 16 TEXT REFERENCES 16 CITATIONS IN NOTES 17 …

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North Carolina Overdose Prevention Laws – Overview and …

Details: laws and policies that make it easier for lay people to access naloxone, administer naloxone, and summon emergency assistance in the event of overdose can save lives and resources Health departments are key to increasing access, through direct provision of naloxone and use of bully pulpit

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Hemp, CBD and North Carolina Law

Details: and sale in NC, marijuana laws are virtually unenforceable.” Legal Counsel for the Assoc. of Police Chiefs DEFENSES TO MARIJUANA POSSESSION CHARGES?--Possession requires willful possession –D. knew it was a controlled substance. --Potential defense …

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Public Purchasing and Contracting

Details: North Carolina League of Municipalities, to update and revise the bidding laws. The law increases statutory thresholds for certain categories of contracts, recognizes several new exceptions to the bidding requirements, and makes other changes that may be viewed best as conforming the language of the

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A QUICK GUIDE TO SOVEREIGN CITIZENS

Details: challenge the applicability of traffic laws to them and, in extreme cases, resort to violence to protect their imagined rights. They speak an odd quasi-legal language and believe that by not capitalizing names and by writing in red and using certain catch phrases they can avoid any liability in our judicial system.

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An Overview of 2021 Criminal Law Legislation – North

Details: Laws Effective October 1, 2021 The following laws have an effective date of October 1, 2021: S.L. 2021-33 (S 241) redefines modified utility vehicles, eliminating the requirement in G.S. 20-4.01(27) that they have an engine displacement greater than 2400 cubic centimeters and the requirement that they be equipped with windshields and windshield

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Conflicts of Interest Laws for North Carolina Public

Details: These laws reflect the public’s need to ensure that contracting and other decisions are made in a neutral, objective way based on what is in the public interest and not in consideration of actual or potential benefit to the decision maker. However, these laws do not prohibit all activity that the public might consider improper. Instead, they

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Online Impersonation – North Carolina Criminal LawNorth

Details: Current North Carolina laws criminalize some acts involving online impersonation if the acts satisfy the requirements in those laws. For example, some acts of online impersonation could possibly be prosecuted as cyberstalking under G.S. 14-196.3, which prohibits harassment or intimidation by means of electronic mail or electronic communication.

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The Definition of a Subdivision in North Carolina UNC

Details: The 1971 comprehensive revision of the municipal statutes changed this to ten acres. 1971 N.C. Sess. Laws ch. 698. The same change was made for counties. G.S. 153-266.7, as created by 1959 N.C. Sess. Laws ch. 1007, provided for a five-acre exemption, and this was adjusted to ten acres in 1973 by 1973 N.C. Sess. Laws ch. 822.

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Confidentiality Laws Governing Substance Abuse Treatment

Details: Confidentiality Laws Governing Substance Abuse Treatment Records North Carolina Judicial College Basic Substance Abuse for Judges Mark Botts, UNC School of Government August 21, 2015 Part I: Applicable Confidentiality Laws I. State mental health law - G.S. 122C: The Mental Health, Developmental Disabilities, and

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Agricultural Uses and Zoning UNC School of Government

Details: An example is a flood-hazard ordinance. G.S. 143-215.54 authorizes county flood-hazard ordinances and provides that “[g]eneral farming, pasture, outdoor plant nurseries, horticulture, forestry” and similar uses can be made in a flood-hazard area without a permit if they comply with local ordinances and other applicable laws and regulations.

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CO-DEFENDANTS, ACCOMPLICES, AND CO-CONSPIRATORS

Details: witness his understanding of the laws concerning parole in this State. Since such question calls for the legal knowledge of a lay witness, it was proper for the trial judge, in his discretion, to sustain the State’s objection to the question.” Accord, State v. Westbrooks, 345 N.C. 43, 67-68

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Are Fake COVID-19 Vaccine Cards a Crime

Details: For example, this bill currently working its way through the New York legislature would amend two existing laws to clarify that a vaccine card constitutes a writing within the scope of the existing forgery statute found in Section 170.00, and that falsely entering a vaccination record into a database is a violation of the computer tampering

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The Legal Status of BestialityNorth Carolina Criminal Law

Details: Other states’ laws. I haven’t researched the question myself, but Professor Kontorovich asserts that “[m]ost states criminalize zoophilia.” The constitutional argument. Professor Kontorovich argues that “[t]he 14th Amendment has been interpreted to recognize a broad and very valuable liberty interest in sexual autonomy.

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Chapter 13 Federal Laws Relevant to Juvenile Proceedings

Details: B. Overview of Federal Impact and Timeline of Major Federal Laws. 1. States are primarily responsible for the laws and programs that address the needs of children and families, but states must abide by certain federal laws and regulations in order to be eligible for federal funding for these programs. Many requirements of relevant federal laws

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Chapter 14 Confidentiality and Information Sharing

Details: The Rules specifically address conflict of laws with federal or other state statutes or regulations and require that DSS follow the statutes or regulations that provide more protection for the client. 10A N.C.A.C. 69.0201. The federal Child Abuse Prevention and Treatment Act (CAPTA), Titles IV-E and IV-B of the Social Security Act, and North

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Medical Confidentiality Law 101: Introduction to Key

Details: Two laws of particular importance to LHDs protect specific clients or categories of information: • Title X family planning client confidentiality (42 CFR 59.11): This is a federal law that requires providers to keep information about Title X clients confidential and disclose it

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What may local governments do to prevent owners from

Details: Because the state laws are far from comprehensive, many cities and counties have enacted local leash laws. Without a local leash ordinance, animal control officers have limited authority to pick up stray animals. They generally must rely on their rabies enforcement authority to pick up those stray cats or dogs that do not have vaccination tags.

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COVID-19 Law & Policy Updates

Details: UPDATES (July 27, 2021): On Monday, July 26, Bloomberg Law reported on a July 6 U.S. Department of Justice memo that addressed whether public or private entities may require COVID-19 vaccinations while they are under emergency use authorizations. The memo concluded that the federal Food, Drug, and Cosmetics Act does not prohibit such requirements.

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COVID-19 and the Workplace Part 1: Vaccine Mandates

Details: It recently updated its online guidance What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to add a new section (Section K) about vaccination. This is an excellent and comprehensive discussion of how employee vaccination requirements interact with anti-discrimination laws.

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Red Flag Laws and the Second Amendment – North Carolina

Details: The NRA “could support” red flag laws that provide robust due process protections for gun owners, but generally has opposed the red flag laws that have been enacted to date based on what it sees as insufficiently stringent procedures. Comparing North Carolina’s proposals to …

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Medical Confidentiality Laws & Communicable Disease

Details: A. State laws requiring NC health care providers to disclose patient information to public health for communicable disease purposes 1. Laws requiring reports: a. Physicians must report known or suspected cases or outbreaks of reportable communicable diseases or conditions to the local health department. GS 130A-135. i.

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Is North Carolina a Dillon’s Rule State

Details: As noted in a recently filed petition for rehearing, the decision’s narrow reading of powers that might be implicit in the zoning laws may call into question numerous regulations that are not explicitly outlined in the laws themselves, but are commonly recognized as being within the legislative intent for land use regulation by local

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DISCLOSURE OF CONFIDENTIAL HEALTH INFORMATION IN …

Details: I. Laws protecting the confidentiality of health information – Most of the health information that is collected or maintained by a health care provider is subject to more than one confidentiality law. There are federal and state laws that may apply. Some of the laws are generally applicable, while others apply only to information

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North Carolina's "Caylee's Law"North Carolina Criminal Law

Details: In 2013 North Carolina enacted “Caylee’s Law,” S.L. 2013-52, a statute similar to laws adopted in other states after the high-profile Casey Anthony trial.North Carolina’s law makes a number of changes regarding the reporting of missing, abused or deceased children.

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ADMINISTRATION OF JUSTICE BULLETIN NO. 2013/07 …

Details: the violent habitual felon laws,6 and the habitual breaking and entering laws.7 The habitual felon laws were enacted in 1967. In simple terms, they provide for increased punishment for a defendant who, having already been convicted of three felonies, commits a fourth. The violent habitual felon laws were enacted in 1994.

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Opioids and North Carolina Law

Details: 5/25/2017 3 Unintentional Rx and Illicit Opioid Deaths NC Residents, 1999 - 2015 Source: N.C. State Center for Health Statistics, Vital Statistics-Deaths, 1999-2015

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Knives and the Right to Bear ArmsNorth Carolina Criminal Law

Details: Could litigation about knife laws arise in North Carolina? Absolutely. Our statutes regulating knives include: S. 14-269, which prohibits the concealed carrying of any “bowie knife, dirk, dagger,” or “other deadly weapon of like kind.” The statute doesn’t apply to an “ordinary pocket knife carried in a closed position.”

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Does NC Need a Teen Sexting Law

Details: State laws that address teen sexting recognize that even the consensual sharing of sexually explicit images of minors is harmful but generally treat the offense as a misdemeanor with relatively light punishments, such as fines, counseling, community service, and out of court diversion programs (see this list of state sexting laws). In most

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Are Fake COVID-19 Vaccination Cards a Crime

Details: For example, this bill currently working its way through the New York legislature would amend two existing laws to clarify that a vaccination card constitutes a writing within the scope of the existing forgery statute found in Section 170.00, and that falsely entering a vaccination record into a database is a violation of the computer tampering

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AdministrAtion of Justice bulletin 2010/04 september 2010

Details: laws are readily observable and can be adequately addressed by roving patrols when officers develop individualized suspicion of a certain vehicle.7 In Veazey II,8 however, the court seems to have concluded that “enforcement of the State’s Motor Vehicle laws” is a lawful purpose for a checkpoint. As a practical matter, many checkpoints are

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Mandated Reporting of Child Abuse, Neglect, or Dependency

Details: North Carolina is not alone in its universal mandated reporting statute. Seventeen other states and Puerto Rico have universal mandated reporting laws for child abuse and neglect; however, not all those states preclude a recognized privilege from being an exemption to …

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Is It Illegal to Make Pornography in North Carolina

Details: Miller v. California, 413 U.S. 15 (1973) (establishing the boundaries of obscenity for purposes of the First Amendment). Courts have often found pornographic material to fall outside the definition of obscenity, so at least some pornography probably could be produced in North Carolina without running afoul of the obscenity laws. Prostitution.

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BIG NEWS: S.L. 2019-245 Creates a New Universal Mandated

Details: Additionally, law enforcement officers are mandated reporters under both laws. Should a report to law enforcement be made, and the officer finds evidence of abuse, neglect, or dependency, he or she must make an immediate oral and subsequent written (within 48 hours) report to the county DSS. G.S. 14-318.6(g).

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CHILD SEX ABUSE/STRENGTHEN LAWS. Legislative Reporting

Details: AN ACT TO PROTECT CHILDREN FROM SEXUAL ABUSE AND TO STRENGTHEN AND MODERNIZE SEXUAL ASSAULT LAWS. SL 2019-245. Enacted November 8, 2019. Parts I, II, III, V, VI, VII, and VIII of this act become effective December 1, 2019, and …

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Changes to the Gun Permit Laws

Details: Changes to the Gun Permit Laws. Posted on Feb. 8, 2016, 9:19 am by Jeff Welty. North Carolina has two kinds of gun permits: pistol purchase permits and concealed carry permits. Both types of permits are issued by sheriffs. The statutes concerning both kinds of permits were amended during the 2015 legislative session by S.L. 2015-195.

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Trespass and Public Buildings – North Carolina Criminal

Details: Therefore, government buildings are property “of another” for purposes of the trespass laws. As one Texas court put it, “[i]n a case involving public grounds, the State satisfies the burden of the ‘of another’ element of the criminal-trespass statute by proving, beyond a reasonable doubt, that the complainant has a greater right of

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MY BODY, MY CHOICE MEDICAL PRIVACY ACT. Legislative

Details: MY BODY, MY CHOICE MEDICAL PRIVACY ACT. View NCGA Bill Details. (link is external) 2021. House Bill 580 (Public) Filed Thursday, April 15, 2021. AN ACT MAKING IT AN UNLAWFUL EMPLOYMENT PRACTICE TO DISCRIMINATE ON THE BASIS OF AN INDIVIDUAL'S REFUSAL TO SUBMIT TO A MEDICAL PROCEDURE; AND MAKING IT UNLAWFUL TO REFUSE AN …

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What's New in Motor Vehicle World

Details: House Bill 211, chaptered as S.L. 2019-227, makes a number of changes to the state’s motor vehicle laws, including changes in the four categories mentioned above. Remote License Renewals. No one likes to wait in line at DMV.

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