Bill Summary for H 293 (2015-2016)

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Summary date: 

Mar 18 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 293 (Public) Filed Wednesday, March 18, 2015
Intro. by Stevens.

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Bill summary

Enacts new GS 48-1-108A providing that the provisions of the Hague Adoption Convention control when the adoption is subject to the Convention.

Amends GS 48-1-109 to provide that if the petitioner for adoption moves to another state before the agency completes the report, the agency must require a report from a person or entity authorized to prepare home assessments for adoption proceedings under the laws in the petitioner's new state (deletes the requirement that the agency request a report pursuant to the Interstate Compact on the Placement of Children).

Amends GS 48-2-100 to provide that (c) (prohibiting this state's courts form exercising jurisdiction if at the time the adoption petition is filed, another state's court is exercising jurisdiction) does not apply if before the decree of adoption is granted (was, if within 60 days after the date the petition for adoption is filed) the other state's court dismisses its proceedings or releases its exclusive, continuing jurisdiction.

Amends GS 48-2-206 to allow a proceeding requesting the court to determine whether the consent of the biological father is required to be filed at any time after approximately three months from the date of conception (was, at any time after six months from the date of conception). Gives the biological father 30 (was, 15) days after service of notice of the biological mother's intent to place the child for adoption to assert a claim that his consent is required. Makes conforming changes. Provides that when the father notifies the court that he believes his consent is required and the petitioner makes a motion for the court to determine whether consent is required, the hearing must be set for a date no earlier than 60 days (was, no earlier than 60 days and no later than 70 days) after the father received the notice. 

Amends GS 48-2-401 to require that when notice of a petition for adoption is served by publication, the notice must state that the person served must file a response to the petition 40 days after the first publication of the notice (was, respond in 30 days no matter how notice was served).

Amends GS 48-3-202 to make clarifying changes.

Amends GS 48-3-301 to provide that a preplacement assessment is not required in an independent adoption when a prospective adoptive parent is one of the specified family members; clarifies that the list of of specified family members includes both full or half siblings.

Amends GS 48-3-603 to provide that consent to an adoption is not required of a person who has not executed a consent or a relinquishment and fails to respond to a notice of the proceedings within 40 days from the first publication when the service of the notice is by publication.

Amends GS 48-3-605 to allow a parent under the age of 18 to be identified to an individual authorized to administer oaths or take acknowledgments by affidavit of an adult relative of the minor parent, a teacher, a licensed professional social worker, or a health service provider. 

Amends GS 48-3-601 to modify the required content of the adoption consent to allow inclusion of the current mailing address of the individual executing the consent if they do not have a permanent address. Amends GS 48-3-703 to modify the required content of the relinquishment by a parent or guardian to allow inclusion of the current mailing address of the individual executing the relinquishment if they do not have a permanent address.