EXPEDITE PERMANENCY/DHHS REPORT SNAP/TANF. (NEW)

View NCGA Bill Details2019-2020 Session
House Bill 918 (Public) Filed Tuesday, April 16, 2019
AN ACT TO AMEND VARIOUS ABUSE, NEGLECT, AND DEPENDENCY LAWS TO ENSURE THE SAFETY OF CHILDREN IN OUT-OF-HOME PLACEMENTS, EXPEDITE PERMANENCY PLANNING HEARINGS FOR CHILDREN WHO HAVE BEEN REMOVED FROM THE HOME, CREATE A PRESUMPTION THAT FOSTER PARENTS WITH WHOM A CHILD HAS LIVED CONTINUOUSLY FOR NINE MONTHS ARE DEEMED NONRELATIVE KIN, CREATE AN AGGRAVATING CIRCUMSTANCE FOR THE EXPOSURE TO UNLAWFUL CONTROLLED SUBSTANCES IN UTERO OR CONTROLLED SUBSTANCES USED IN VIOLATION OF THE LAW IN UTERO, AND REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF SOCIAL SERVICES, TO REPORT ANNUALLY CERTAIN EXPENDITURES FOR THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) AND TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) PROGRAM.
Intro. by Jarvis, Stevens, Murphy.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (Jul 7 2020)

SOG comments (1):

Long title change

Senate committee substitute to the 2nd edition changed the long title.  Original title was AN ACT TO AMEND VARIOUS ABUSE, NEGLECT, AND DEPENDENCY LAWS TO ENSURE THE SAFETY OF CHILDREN IN OUT-OF-HOME PLACEMENTS, EXPEDITE THE GOAL OF PERMANENCY FOR CHILDREN UNDER THREE YEARS OF AGE WHO HAVE BEEN REMOVED FROM THE HOME, CREATE A PRESUMPTION THAT FOSTER PARENTS WITH WHOM A CHILD UNDER THREE YEARS OF AGE HAS LIVED CONTINUOUSLY FOR NINE MONTHS ARE DEEMED NONRELATIVE KIN, AND CREATE AN AGGRAVATING CIRCUMSTANCE FOR THE EXPOSURE TO NONMEDICAL, CONTROLLED SUBSTANCES IN UTERO.

Bill History:

H 918

Bill Summaries:

  • Summary date: Jul 2 2020 - More information

    The Governor vetoed the act on 07/02/20. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2019/8627/0/H918-BD-NBC-8614


  • Summary date: Jun 24 2020 - More information

    Senate amendment to the 2nd edition makes the following changes.

    Amends proposed GS 7B-503(a)(7), permitting an order of nonsecure custody when the juvenile is an infant who was born drug-exposed to alcohol, unlawful controlled substances, or controlled substances in violation of the law. Adds that this provision cannot be the sole ground for ordering nonsecure custody if the parent is enrolled in and meeting or exceeding the benchmarks of a substance abuse treatment program recommended by a medical provider or a LME/MCO. Further amends GS 7B-503(a) to require that the developmental and attachment needs of the juvenile must be considered in making nonsecure custody determinations based on any of the enumerated grounds.

    Adds to the proposed changes to GS 7B-901(c)(1)e., which  provides that if a disposition order places a juvenile in the custody of a county department of social services, the court must direct that reasonable efforts for reunification are not required if the court finds that a court has determined that aggravated circumstances exist because the parent has committed or allowed the continuation of chronic or toxic exposure to alcohol or controlled substances that causes impairment of or addiction in the juvenile, including, but not limited to, exposure to unlawful controlled substances in utero or controlled substances in violation of the law in utero. Adds that the court is required to consider whether a parent is enrolled in and meeting or exceeding the benchmarks of a substance abuse treatment program recommended by a medical provider or an LME/MCO.

    Changes the effective date of Part I of the act, amending various GS Chapter 7B statutes, from July 1, 2020, to October 1, 2020.


  • Summary date: Oct 24 2019 - More information

    Senate committee substitute to the 2nd edition makes the following changes.

    Organizes the act's existing provisions, as amended, into Part I.

    Deletes the proposed changes to GS 7B-100, which included in the purpose of Subchapter I (Abuse, Neglect, Dependency) providing juveniles under age 3 who are removed from custody of their homes with prospective permanent placement within one year from the date of the order removing custody. Instead, amends GS 7B-100 to include in the purpose of Subchapter I placing all juveniles in a safe, permanent home within one year from the date of the initial order removing custody in circumstances when it is not in the juvenile's best interest to be returned home. 

    Eliminates the proposed changes to the defined terms abused juveniles and nonrelative kin set out in GS 7B-101, thereby maintaining the terms' existing definitions under current law. Amends the term neglected juvenile to include any juvenile less than 18 years of age whose parent, guardian, custodian, or caretaker uses an illegal controlled substance or abuses alcohol or a controlled substance and is unable to care for and provide a safe and appropriate home for the juvenile. Modifies the proposed definition for the new term relative to more specifically define the term to mean an individual directly related to the juvenile by blood, marriage or adoption.

    Modifies the proposed changes to GS 7B-503(a), concerning instances in which a nonsecure custody order must be made, to now include instances in which the juvenile is an infant who was born drug-exposed to alcohol, unlawful controlled substances, or controlled substances used in violation of the law (was, an infant who (1) was born drug-exposed and the drug exposure was not medically based, (2) the parent is unable to discharge parental responsibilities due to a history of chronic drug abuse, and (3) there are reasonable grounds to believe that the parent's substance abuse will continue for a prolonged or indeterminate period based on the opinion of a licensed health care provider with substance abuse disorders experience).

    Modifies the proposed changes to GS 7B-901(c)(1)e. by providing that if a disposition order places a juvenile in the custody of a county department of social services, the court must direct that reasonable efforts for reunification are not required if the court finds that a court has determined that aggravated circumstances exist because the parent has committed or allowed the continuation of chronic or toxic exposure to alcohol or controlled substances that causes impairment of or addiction in the juvenile, including, but not limited to, exposure to unlawful controlled substances in utero or controlled substances in violation of the law in utero (previously, specifically included exposure to nonmedical controlled substances in utero only).

    Modifies and adds to the proposed changes to GS 7B-903, concerning placement of a juvenile in out-of-home care. No longer provides that a foster parent is deemed to be a nonrelative kin once a child under age 3 has resided in the foster parent's home for a continuous period of at least nine months. Instead, adds a new subsection to deem a foster parent to be nonrelative kin once a juvenile (no age requirement) who is not a member of a State-recognized tribe has resided in the foster parent's home for a continuous period of at least nine months. Makes organizational and conforming changes.

    Deletes the proposed changes to GS 7B-906.1(a), concerning placement of children under age 3 in a prospective permanent home within 12 months of the initial order removing custody. Instead, amends existing law to require a permanency review hearing to be held within nine months (was, twelve) of the date of the initial order removing custody.

    Deletes proposed GS 7B-1103(a)(8), which granted foster parents of a juvenile under age 3 who has resided for a continuous period of at least nine months with the foster parent standing to file a petition or motion to terminate the parental rights (TPR) of either or both parents. Instead, amends current law that establishes standing to file TPR petitions or motions for any person with whom the juvenile has resided for a continuous period of two months or more next preceding the filing of the petition or motion, to now provide standing for any person with whom the juvenile has resided for a continuous period of 15 months, rather than two months, or more next preceding the filing of the petition or motion.

    Changes the effective date of the provision of Part I from October 1, 2019, to July 1, 2020.

    Adds new provisions, set forth in Part II of the act, as follows.

    Directs the Department of Health and Human Services, Division of Social Services (Division), to post on its website and make available biannually to the specified NCGA committee and legislative leadership a report on certain expenditures for the Supplemental Nutrition Assistance program (SNAP) and Temporary Assistance for Needy Families (TANF) program, including the benefits accessed or expended out-of-state, by state, for each program, and details of each transaction in which benefits were accessed or expended in the state for each program, as provided. Requires the Division to redact personally identifying information of program recipients. 

    Makes conforming changes to the act's titles.


  • Summary date: Aug 21 2019 - More information

    Senate committee substitute to the 1st edition makes the following changes.

    Further amends the definitions of terms used in Subchapter I (Abuse, Neglect, Dependency) of GS Chapter 7B, adding to the term abused juveniles to now include any juvenile less than 18 years of age whose parent, guardian, custodian, or caretaker exposes the juvenile repeatedly to drugs, other than those prescribed by a licensed medical provider, while the juvenile is in utero.

    Amends GS 7B-505 to require a department of social services to use due diligence to identify and notify adult relatives, next of kin, and others with legal custody of a sibling of a juvenile who is in nonsecure custody within 30 days, rather than within 60 days, after the initial order removing custody. 

    Amends GS 7B-903(a1), now providing that once a child under age 3 has resided in a foster parent's home for a continuous period of at least nine months, the foster parent is deemed to be nonrelative kin (was, a relative) for purposes of a court considering placement of the juvenile in out-of-home care under the statute.


  • Summary date: Apr 22 2019 - More information

    Amends GS 7B-100 include in the purpose of Subchapter I (Abuse, Neglect, Dependency) proving juveniles under age 3 who are removed from custody of their homes with prospective permanent placement within one year form the date of the order removing custody. 

    Amends the definition of terms as they are used in the Subchapter as follows: (1) expands upon the definition of nonrelative kin to include a presumption that a foster parent with whom a juvenile under 3 years of age has resided for a continuous period of at least nine months is deemed nonrelative kin and (2) defines relative as an individual directly related to the juvenile, including, but not limited to, a parent, grandparent, sibling, aunt, or uncle. Makes technical changes.

    Amends GS 7B-503 to add to the six conditions, one of which must apply before an order for nonsecure custody is to be made, to also include that the juvenile is an infant who: (1) was born drug-exposed and the drug exposure was not medically based; (2) the parent is unable to discharge parental responsibilities due to a history of chronic drug abuse, and (3) there are reasonable grounds to believe that the parent's substance abuse will continue for a prolonged or indeterminate period based on the opinion of a licensed health care provider with substance abuse disorders experience.

    Amends GS 7B-505 to require a department of social services to use due diligence to identify and notify adult relatives, next of kin, and others with legal custody of a sibling of a juvenile who is in nonsecure custody within 60 days after the initial order removing custody. Requires filing with the court information regarding attempts to make such identification and notification. Adds to the items that the court must consider when placing a juvenile with a relative to include the developmental and attachment needs of the juvenile and allows the court to not place the juvenile with the relative if doing so is contrary to those interests.

    Amends GS 7B-901(c)(1)e by providing that if a disposition order places a juvenile in the custody of a county department of social services, the court must direct that reasonable efforts for reunification are not required if the court finds that a court has determined that aggravated circumstances exist because the parent has committed or allowed the continuation of chronic or toxic exposure to alcohol or controlled substances that causes impairment of or addiction in the juvenile, including exposure to nonmedical controlled substances in utero (previously this did not specifically include exposure to nonmedical controlled substances in utero).

    Amends GS 7B-903(a1) to require consideration of the juvenile's developmental and attachment needs when deciding whether to order placement of the juvenile with a relative when placing a juvenile in out-of-home care. Adds that once a child under age 3 has resided in a foster parent's home for a continuous period of at least nine months, the foster parent is deemed to be a relative for these purposes.  Adds that if the court does not place the juvenile with a relative, the court may consider whether nonrelative kin or another person with legal custody of a sibling of the juvenile is willing and able to provide proper care and supervision of the juvenile in a safe home. Allows ordering the department to notify the juvenile's State-recognized tribe of the need for nonsecure custody for locating relatives or nonrelative kin for placement. Allows ordering placement of the juvenile with nonrelative kin if the court finds the placement is in the juvenile's best interest. 

    Amends GS 7B-906.1 by adding the goal of placing infants under age 3 in a prospective permanent placement within 12 months of the date of the initial order removing custody. Adds to the items that the court must consider when making written findings at each permanency planning hearing, to include whether the parent has engaged in any of the factors under GS 7B-901(c) (setting out written findings of fact that are to be made when the court directs that reasonable efforts for reunification are not required) when making a finding as to whether efforts to reunite the juvenile with their parent would be unsuccessful or inconsistent with the juvenile's health or safety and need for a safe, permanent home. Provides that the court may not waive or refuse to conduct a permanency planning hearing (was, a review hearing) if a party files a motion seeking the hearing. 

    Amends GS 7B-905 to require an initial dispositional order to direct that the review hearing required under GS 7B-106.1 be held within 90 days from the date of the initial dispositional hearing (was, applicable to a dispositional order under which a juvenile is removed from the custody of a parent, guardian, custodian, or caretaker). 

    Amends GS 7B-906.2 to require the court to make or have made specified written findings in order for reunification to not be a primary or secondary plan. 

    Amends GS 7B-1103 to allow a petition or motion to terminate parental rights to be filed by any foster parent with whom a juvenile under age 3 has resided for a continuous period of at least nine months preceding the filing of the petition or motion.

    Applies to actions filed or pending on or after October 1, 2019.


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