Bill Summary for H 104 (2023-2024)

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Summary date: 

Feb 13 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 104 (Public) Filed Monday, February 13, 2023
Intro. by Davis.

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Bill summary

Amends GS Chapter 48, Article 3, to create a new Part 2A adopting the Information and Guidance Provisions of the Uniform Unregulated Child Custody Transfer Act. Limits the scope of the Part to placement for adoption of a minor to whom any of the following applies: (1) has been or is in foster or institutional care; (2) previously has been adopted in a state; (3) has been or is being adopted under the law of a foreign country; (4) has come or is coming to a state from a foreign country to be adopted; (5) is not a US citizen. Requires adoption agencies, within a reasonable time before placing a minor for adoption with a prospective adoptive parent, to provide the prospective adopted with information addressing: (1) possible physical, mental, emotional, and behavioral issues concerning identity, loss, and trauma that a minor might experience before, during, or after adoption, and a minor leaving familiar ties and surroundings; (2) the effect that access to resources, including health insurance, may have on the ability of an adoptive parent to meet the needs of a minor; (3) causes of disruption of an adoptive placement or dissolution of an adoption and resources available to help avoid disruption or dissolution; and (4) criminal prohibitions under GS 14-321.2 (prohibiting the unlawful transfer of custody of minor child).

Requires adoption agencies to provide general adoption information and non-identifying information, as specified, about the minor to potential adoptive parents prior to their decision to adopt. Mandates that adoption agencies provide guidance and instruction for adoptive parents specific to the minor being adopted to help the parents respond to the needs of the adopted minor. 

Requires the adoption agency or Department of Health and Human Services (DHHS) to provide information on how to obtain financial assistance and support services upon request from an adopted minor or adoptive parents. Permits DHHS to investigate adoption agencies for compliance with the part’s requirements and to initiate proceedings to enforce the requirements or revoke the license of adoption agencies who do not comply. 

Makes clarifying changes to GS 48-3-205.

Includes a severability clause.

Requires the Revisor of Statutes to print the official comments to Article 3 of the Uniform Unregulated Child Custody Transfer Act and the explanatory comments of the drafters.

Applies to the placement of minors for adoption 60 days after the date the act becomes law.