HOUSING AUTHORITY TRANSFERS (NEW).

View NCGA Bill Details2015-2016 Session
House Bill 407 (Public) Filed Tuesday, March 31, 2015
AN ACT TO ALLOW MUNICIPALITIES TO TRANSFER THE POWERS, DUTIES, AND RESPONSIBILITIES OF A PUBLIC HOUSING AUTHORITY TO A REGIONAL COUNCIL OF GOVERNMENT.
Intro. by Stevens.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House Action) (Jun 28 2016)

SOG comments (2):

Long Title Change

House committee substitute to the 1st edition makes changes to the long title. The original title is as follows:

AN ACT TO ALIGN STATE LAW WITH FEDERAL LAW BY PROVIDING FOR THE SUPPORT OF HEALTHY DEVELOPMENT OF YOUTH IN FOSTER CARE THROUGH IMPLEMENTATION OF A REASONABLE AND PRUDENT PARENT STANDARD FOR DECISIONS MADE BY A FOSTER PARENT OR A DESIGNATED OFFICIAL FOR A CHILD CARE INSTITUTION AND REVISING TO THE JUVENILE CODE UNDER THE LAWS PERTAINING TO ABUSE, NEGLECT, AND DEPENDENCY REGARDING JUVENILE PLACEMENT; TO PROVIDE LIABILITY INSURANCE FOR FOSTER PARENTS; TO REDUCE BARRIERS TO OBTAINING A DRIVERS LICENSE FOR FOSTER CHILDREN BY DIRECTING THE NORTH CAROLINA REINSURANCE FACILITY TO MAKE AVAILABLE A NONOWNER AUTOMOBILE INSURANCE POLICY FOR FOSTER CHILDREN, BY PROVIDING THAT MINORS AGED SIXTEEN AND OVER IN THE CUSTODY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ARE COMPETENT TO CONTRACT FOR AUTOMOBILE INSURANCE, BY SPECIFYING PERSONS OTHER THAN THE FOSTER PARENT WHO MAY SIGN FOR A FOSTER CHILD TO OBTAIN A LEARNER'S PERMIT OR PROVISIONAL DRIVERS LICENSE, AND BY CLARIFYING THAT FOSTER PARENTS DO NOT VIOLATE FINANCIAL RESPONSIBILITY REQUIREMENTS BY ALLOWING FOSTER CHILDREN WITH THEIR OWN INSURANCE COVERAGE TO OPERATE A VEHICLE OWNED BY THE FOSTER PARENT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY A MEDICAID WAIVER FOR CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCE.

Long Title Change

Senate committee substitute made changes to the long title. The original title was as follows:

AN ACT TO ALIGN STATE LAW WITH FEDERAL LAW BY PROVIDING FOR THE SUPPORT OF HEALTHY DEVELOPMENT OF YOUTH IN FOSTER CARE THROUGH IMPLEMENTATION OF A REASONABLE AND PRUDENT PARENT STANDARD FOR DECISIONS MADE BY A FOSTER PARENT OR A DESIGNATED OFFICIAL FOR A CHILD CARE INSTITUTION AND REVISING TO THE JUVENILE CODE UNDER THE LAWS PERTAINING TO ABUSE, NEGLECT, AND DEPENDENCY REGARDING JUVENILE PLACEMENT; TO PROVIDE LIABILITY INSURANCE FOR FOSTER PARENTS; TO REDUCE BARRIERS TO OBTAINING A DRIVERS LICENSE FOR FOSTER CHILDREN BY  PROVIDING THAT MINORS AGED SIXTEEN AND OVER IN THE CUSTODY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES ARE COMPETENT TO CONTRACT FOR AUTOMOBILE INSURANCE, BY SPECIFYING PERSONS OTHER THAN THE FOSTER PARENT WHO MAY SIGN FOR A FOSTER CHILD TO OBTAIN A LEARNER'S PERMIT OR PROVISIONAL DRIVERS LICENSE, AND BY CLARIFYING THAT FOSTER PARENTS DO NOT VIOLATE FINANCIAL RESPONSIBILITY REQUIREMENTS BY ALLOWING FOSTER CHILDREN WITH THEIR OWN INSURANCE COVERAGE TO OPERATE A VEHICLE OWNED BY THE FOSTER PARENT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY A MEDICAID WAIVER FOR CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCE.

Bill History:

H 407

Bill Summaries:

  • Summary date: Jun 24 2016 - More information

    Senate amendment makes the following changes to the 3rd edition.

    Amends GS 157-4.1, concerning alternative organization of a housing authority, to establish that, in lieu of creating a housing authority, the council of any city may, if it deems wise, designate a redevelopment commission created under the provisions of GS Chapter 160A (previously, technical change from GS Chapter 160), or a regional council of government created pursuant to Part 2 of Article 20 of GS Chapter 160A (previously, did not allow designation of a regional council of government), to exercise the powers, duties, and responsibilities of a housing authority as prescribed, or may itself exercise those powers, duties, and responsibilities. Makes technical changes.

    Deletes proposed revisions to GS 157-4.2, concerning the inclusion of an authority's accounting system as part of a city or county budgeting and accounting system, which authorized a regional council of government's budgeting and accounting system to be an integral part of the budgeting and accounting system of that city or county as specified. Makes conforming and technical changes.


  • Summary date: Jun 21 2016 - More information

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

    Amends the act's short and long titles.

    Deletes all of the provisions of the previous edition and replaces them with the following. 

    Amends GS 157-4.1 concerning the process and procedure for the establishment and abolishment of a housing authority (authority), deleting language that required a 90 day wait period for the abolishment of an authority after a city passes such a resolution and replacing it with language that now only requires a sufficient time to wind down operations of the authority before abolishing the authority. Amends subsection (c) to provide authority for a municipality to transfer the powers and duties of an authority to a regional council of government (previously, municipalities were only authorized to transfer such powers to a redevelopment commission). Enacts new subdivision (c)8 to specify that the terms of the commissioners of the authority expire on the date set in the abolishing resolution.  Provides that after an authority has been abolished, the governing council can appoint an interim director to work with the authority to facilitate the transfer of the authority. Makes various technical and conforming changes.

    Amends GS 157-4.2 concerning the inclusion of an authority's accounting system as part of a city or county budgeting and accounting system, authorizing a regional council of government's budgeting and accounting system to be an integral part of the budgeting and accounting system of that city or county as specified (previously, such authorization was only provided to redevelopment commissions). Makes conforming changes. 

    Amends GS 160A-475 concerning the powers of a regional council of government, expanding the listed powers to include the ability to carry out all powers, duties, and responsibilities granted under GS Chapter 157, Housing Authorities And Projects. Provides that the power of eminent domain is not included under those powers and duties. Makes conforming changes.


  • Summary date: Apr 15 2015 - More information

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

    Amends GS 131D-10.2A to add that the Department of Health and Human Services must use the reasonable and prudent parenting standard. Makes clarifying changes. Expands and clarifies the entities that will not be held liable for an act or omission of the child or for injuries to the child while acting in accordance with the reasonable and prudent parenting standard. Imposes liability for any action or inaction of gross negligence, willful and wanton conduct, or intentional wrongdoing (was, willful or reckless misconduct) resulting in injury.

    Amends GS 58-36-43 to no longer require the policy form or endorsement to provide coverage for acts or omission of a child who is placed in a licensed family foster home or therapeutic foster home while the child is in the foster parent's care. Provides that the statute does not require that the policy or endorsement cover an act or omission resulting from any action or inaction of gross negligence, willful and wanton conduct, or intentional wrongdoing that results in injury to the child.

    Deletes proposed changes to GS 58-37-35(g). 

    Makes Part 2 of the act, concerning the reasonable and prudent parenting standard in foster care, effective October 1, 2015 (was, when the act became law).

    Amends the act's long title. 


  • Summary date: Mar 31 2015 - More information

    Identical to S 423, filed 3/25/15.

    Enacts new GS 131D-10.2A, Reasonable and prudent parenting standard (standard), providing that this standard is characterized by careful and sensible parental decisions that maintain a child's health, safety, and best interests while encouraging the child's emotional and developmental growth. Requires every child care institution to designate an on-site official to apply the standard. Caregivers are required to use this standard in determining participation in extracurricular, enrichment, and social activities for foster children. Prohibits liability being placed on a caregiver or a county department of social services for an act or omission if actions and decisions were made in accordance with the standard. Provides that a caregiver exercising the standard has the authority to allow or prevent a child from participating in normal childhood activities, understood to include, but not limited to, extracurricular, cultural, enrichment, and social activities as well as overnight activities outside direct supervision of the caregiver for periods over 24 hours up to 72 hours. Provides protection from liability for caregivers in regards to injuries to the child occurring as a result of the authority of the above provisions unless the action or inaction of the caregiver that resulted in the injury is by willful or reckless misconduct. 

    Amends GS 7B-505(b) concerning juvenile placement while in nonsecure custody, providing that the court will order the Department of Social Services to make diligent efforts to notify relatives and custodial parents of the juvenile's siblings that the juvenile is in nonsecure custody, as well as notify them about any hearing schedule to occur pursuant to GS 7B-506, unless the court finds such action is contrary to the best interests of the child. 

    Amends GS 7B-800.1(a)(4) and GS 7B-901, both concerning hearings regarding the juvenile, requiring that required notifications or efforts to notify relatives of the juvenile be considered in regards to the hearings is also required for parents with custody of a sibling of the juvenile.

    Enacts new GS 7B-903.1, Juvenile placed in custody of a county department of social services, authorizing a county department of social services to make decisions generally made by a juvenile's custodian for a juvenile in its custody, including educational decisions and consenting to the sharing of the juvenile's information. Authorizes the delegation of this authority to a juvenile's parent, foster parent, or another individual. Further authorizes a county department of social services with custody or placement responsibility to make decisions concerning normal childhood activities. Allows the court to set alternative parameters for approval of such activities if such authorization is not in the juvenile's best interest. 

    Enacts new GS 7B-912, Juveniles 14 years of age and older; Another Planned Permanent Living Arrangement, setting out the requirement that for juveniles in custody of county departments of social services who have reached the age of 14 at a permanency planning hearing, the court must inquire and make written findings in regards to (1) services provided to assist the juvenile in transitioning to adulthood, (2) any steps the county department of social services is taking to ensure the foster family or other placement provider is following the reasonable and prudent parent standard, and (3) whether the juvenile has regular opportunities to engage in age or developmentally appropriate activities.

    Requires the court, at or before the last scheduled permanency hearing, but at least 90 days before a juvenile turns 18 years old, to inquire as to whether the juvenile has copies of the specified vital records and to determine which person or entity should assist in obtaining these documents before the age of 18. 

    Provides that the plan of Another Planned Permanent Living Arrangement (APPLA) is only available as a juvenile's permanent plan when the court finds that specified requirements are met, including, but not limited to, that the juvenile is 16 or 17 years old and that APPLA is the best permanency plan for the juvenile. If APPLA is the juvenile's permanent plan, then the court must question the juvenile and make written findings addressing the juvenile's desired permanency outcome.

    Enacts new GS 58-36-43, Development of policy form or endorsement for personal liability insurance for foster parents, providing that the NC Rate Bureau must develop an optional policy form or endorsement to be filed with the Commissioner of Insurance for approval no later than May 1, 2016. The same is to provide liability insurance for foster parents licensed under GS Chapter 131D, Article 1A, to provide foster care in a family foster home or therapeutic foster home. Sets out what coverage the policy form or endorsement must provide. Provides that such liability insurance is not required to cover acts or omissions of a foster parent when such are not in compliance with written instructions received from the placing agency or Department of Health and Human Services (DHHS). 

    Enacts new GS 58-37-35(g) concerning the North Carolina Motor Vehicle Reinsurance Facility (Facility) providing that with the approval of the Commissioner of Insurance, the Facility will establish a form of nonfleet private passenger motor vehicle liability insurance providing named nonowner coverage for a foster child in state custody. Sets out requirements that the policy must meet, including that the policy only applies to one child and that the policy is portable if the foster child's placement for foster care changes, as long as the placement is in North Carolina. Enacts new GS 48A-4, Certain minors competent to contract, providing that a minor who is 16 or older and who is in legal custody of DHHS is qualified and competent to contract for the purchase of an automobile insurance policy with the consent of the court with continuing jurisdiction over the minor's placement. Sets out certain limitations and requirements for the policy. Amends GS 20-11(i) concerning application for a limited learner's permit and provisional driver's license providing that for minors in the legal custody of the DHHS, a guardian ad litem or attorney advocate, a case manager or other type of case worker, or the court with continuing jurisdiction over the minor's placement can sign the application. Enacts new GS 20-309(a2) providing that the owner of a motor vehicle who is a foster parent providing foster care to a person between the ages of 16 and 21 does not violate the requirements of the article by allowing the motor vehicle to be operated by the person if the person is covered by a nonowner motor vehicle insurance policy issued by the Facility. Effective October 1, 2015.

    Directs DHHS to design and draft, but not submit, a 1915(c) Medicaid waiver to serve children with Serious Emotional Disturbance (SED) in home and community-based settings. Allows DHHS to submit drafts of the waiver to the Centers for Medicare and Medicaid Services (CMS) to solicit feedback but not submit the waiver for CMS approval until authorized by the General Assembly. Directs DHHS to report the waiver, other findings, and any other options or recommendations to best serve children with SED to the Joint Legislative Oversight Committee on Health and Human Services by December 1, 2015. Sets out what the report should contain, including an in-depth analysis of the cost per slot. 


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