Bill Summary for H 424 (2015-2016)

Summary date: 

Jun 24 2016

Bill Information:

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.

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Bill summary

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.

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