PROHIBIT UNLAWFUL CUSTODY TRANSFER OF CHILD (NEW).

View NCGA Bill Details2015-2016 Session
House Bill 424 (Public) Filed Tuesday, March 31, 2015
AN ACT TO PROHIBIT THE UNLAWFUL TRANSFER OF CUSTODY OF A MINOR CHILD AND TO MAKE CONFORMING STATUTORY CHANGES.
Intro. by Stevens.

Status: Ch. SL 2016-115 (House Action) (Jul 28 2016)

SOG comments (1):

Long Title Change

Senate committee substitute to the 2nd edition made changes to the long title. The original title was as follows:

AN ACT TO EXTEND THE PROVISION OF FOSTER CARE TO THE AGE OF NINETEEN YEARS AND MAKE VARIOUS CONFORMING STATUTORY CHANGES; AUTHORIZE THE SOCIAL SERVICES COMMISSION TO ADOPT RULES IMPLEMENTING THE EXPANSION OF FOSTER CARE THROUGH AGE NINETEEN; PROVIDE FOR THE EXTENSION OF GUARDIANSHIP SERVICES THROUGH AGE NINETEEN; REQUIRE THE SUBMISSION OF A STATE PLAN AMENDMENT TO DRAW DOWN FEDERAL IV-E FUNDS FOR THE EXPANSION OF FOSTER CARE THROUGH AGE NINETEEN; AND APPROPRIATE FUNDS TO IMPLEMENT THE PURPOSES OF THIS ACT.

Bill History:

H 424/S.L. 2016-115

Bill Summaries:

  • Summary date: Aug 2 2016 - More information

    AN ACT TO PROHIBIT THE UNLAWFUL TRANSFER OF CUSTODY OF A MINOR CHILD AND TO MAKE CONFORMING STATUTORY CHANGES. Enacted July 28, 2016. Sections 2 and 5 are effective July 28, 2016. The remainder is effective December 1, 2016.


  • Summary date: Jun 28 2016 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Amends the definition for unlawful transfer of custody in proposed GS 14-321.2(b), providing that it means the transfer of physical custody of a minor child, in willful violation of applicable adoption law or by gross negligent omission in the care of the child as specified (previously, required the transfer to be a permanent transfer of physical custody in order for it to be considered unlawful).

    Deletes provisions requiring DHHS to collect data on the incidence of disrupted adoptions and the unlawful transfer of custody of children in North Carolina as well as the outcomes for the children and families associated with disrupted adoptions. Amends language which required DHHS to develop a program to provide support to families at risk of adoption disruptions, now requiring that the program is developed to provide support for those families at risk of adoption dissolutions.

     


  • Summary date: Jun 24 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 from the previous edition and replaces them with the following.

    Enacts new GS 14-321.2, Prohibit unlawful transfer of custody of minor child, making it a criminal offense (1) for a parent to effect or attempt to effect an unlawful transfer of custody of that parent's minor child; (2) for any person to accept or attempt to accept custody pursuant to an unlawful custody transfer except when the person promptly notifies law enforcement or child protective services of the county where the child resides or is found and promptly provides the child to law enforcement or child protective services; or (3) for any person to advertise, recruit, or solicit, or to aid, abet, conspire or seek the assistance of another to effect the unlawful custody transfer of a minor. Sets out definitions for use in the section, including minor child, parent,relative, and unlawful transfer of custody. Includes in the definition for unlawful transfer of custody a lengthy list of situations that are not considered the unlawful transfer of custody. Provides that any violation of  is a Class A1 misdemeanor but a violation that results in serious physical injury to the child is a Class G felony. Effective December 1, 2016, applying to offenses committed on or after that date.

    Amends GS 48-10-101(b), adding clarifying language for the phrase "other public medium" concerning advertising for the placement or acceptance of a child for adoption.

    Amends GS 7B-101, concerning the juvenile code, adding being unlawfully transferred to the definition for neglected juvenile. Effective December 1, 2016, applying to offenses committed on or after that date.

    Amends GS 7B-302(a), concerning the screening of abuse and neglect complaints, adding allegations of unlawful transfer of custody to the reasons for which an immediate assessment of the situation can be ordered. Effective December 1, 2016, applying to offenses committed on or after that date.

    Directs the Department of Health and Human Services (DHHS) to collect data on the incidence of disrupted adoptions and the unlawful transfer of custody of children in North Carolina as well as the outcomes for the children and families associated with disrupted adoptions. Also directs DHHS to develop a program to provide support to such families.


  • Summary date: Jun 9 2015 - More information

    House amendment #1 makes the following changes to the 1st edition.

    Deletes Section 8 of this act, which appropriated $56,042 from the General Fund to the Department of Health and Human Services (DHHS) for fiscal year 2015-16. Also deletes Section 9 of this act, which appropriated $1,328,499 from the General Fund to DHHS for the 2016-17 fiscal year. Renumbers the Sections of this act accordingly, providing in Section 8, as amended, that the provisions of this act become effective August 1, 2016.


  • Summary date: Mar 31 2015 - More information

    Substantively identical to S 424, as filed on 3/25/15.

    Includes various whereas clauses concerning the value of educational attainment.

    Amends GS 108A-48, concerning the State Foster Care Benefits Program (Program), deleting all the provisions in subsection (b) concerning limiting benefits to individuals younger than 18 years old except in the specified circumstances. Provides new language which allows the Department of Health and Human Services (DHHS) to continue to provide benefits under the Program to an individual who has attained the age of 18 and has chosen to continue to receive foster care services to 19 years of age if they are (1) completing secondary education or equivalent, (2) enrolled in an institution that provides postsecondary or vocational education, (3) are participating in a program or activity designed to promote or remove barriers to employment, (4) employed for at least 80 hours per month, or (5) are incapable of completing the educational or employment requirements of this subsection due to a medical condition or disability. 

    Amends GS 108A-49.1 and 131D-10.2, concerning foster care, making conforming changes reflecting the above changes.

    Enacts new GS 131D-10.2A, Foster care through 19 years of age, providing that children can receive foster care services until the age of 19 whether or not they have continued in foster care after the age of 18 or left prior to reaching age 19 as provided by law or after meeting specified requirements. 

    Amends GS 131D-10.5, concerning the powers and duties of the Social Services Commission, adding the duty to adopt rules necessary for the expansion of foster care for individuals that are 18 years old and have chosen to continue receiving foster care services until 19 years old, pursuant to GS 131D-10.2A.

    Directs the DHHS Division of Social Services (Division) to develop a plan for the expansion of foster care services for individuals 18 years old that opt to continue receiving such services until the age of 19. Requires the Division to report on the plan to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division no later than October 1, 2015. A report regarding the implementation of the plan is to be made to the same parties no later than November 1, 2016. 

    Requires DHHS, no later than 60 days after the implementation of the plan, to submit a state plan amendment to the US Department of Health and Human Services Administration for Children and Families to make federal payments for foster care and adoption assistance under Title IV-E.

    Directs the Division of Social Services to design the Guardianship Assistance Program (GAP) as specified. Provides that the GAP will reimburse legal guardians for room and board and will be set at the same rate for foster care room and board reimbursement rates. Directs the Social Services Board to adopt rules to establish the GAP.

    Appropriates from the General Fund to DHHS $56,042 for fiscal year 2015-16 in order to develop the plan for expansion of foster care services.  Effective October 1, 2015.

    Appropriates from the General Fund to DHHS $1,328,499 for the 2016-17 fiscal year to implement the plan for the expansion of foster care services. Effective July 1, 2016.

    Unless otherwise noted above, act becomes effective August 1, 2016.  


Printer-friendly: Click to view