Senate committee substitute makes the following changes to the 1st edition.
Removes amended GS 14-43.14, Unlawful sale, surrender or purchase of a minor, which provided that a person who willfully participates in the re-homing of an adopted minor child as defined in GS 48-1-101(14a) and GS 48-10-106 is in violation of this section.
Changes the effective date of the act from when the act becomes law to December 1, 2015.
Bill S 652 (2015-2016)Summary date: Apr 28 2015 - More information
Bill S 652 (2015-2016)Summary date: Mar 31 2015 - More information
Amends GS 48-1-101, concerning adoption law, adding and providing a definition for the term re-homing.
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.
Enacts new GS 48-10-106, Re-homing of an adopted minor child, providing that it is unlawful for an adoptive parent to (1) advertise, recruit, or solicit, and so forth for the re-homing of that parent's minor adopted child and (2) knowingly and willfully respond to an advertisement or solicitation by another seeking to either take permanent physical custody of the adopted minor child or to facilitate the re-homing of the adopted minor child. Provides that the transfer and re-homing of an adopted minor child and advertising for, soliciting, recruiting, and so forth for the purpose of re-homing is unlawful. A violation of the section is considered a Class F felony. Sets out provisions for county departments of social services to petition for a custody change of the minor child that has been re-homed or has been the subject of an attempt to be re-homed according to the child's best interest. Provides exemptions for situations in which the above provisions do not apply.
Amends GS 7B-101, concerning the juvenile code, adding being re-homed to the definition for neglected juvenile.
Amends GS 7B-302(a), concerning the screening of abuse and neglect complaints, adding allegations of re-homing to the reasons for which an immediate assessment of the situation can be ordered and steps to assume temporary custody of the minor child can be taken.
Amends GS 14-43.14, Unlawful sale, surrender or purchase of a minor, providing a person that willfully participates in the re-homing of an adopted minor child as specified is in violation of this section. Makes conforming changes.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.