AN ACT TO ALLOW ADULT ADOPTEES TO BE ADOPTED BY A FORMER STEPPARENT, THE REMOVAL OF CERTAIN REDACTION RESTRICTIONS FROM ADOPTION HOME STUDIES, AND THE EXPANSION OF ACKNOWLEDGMENT OPTIONS FOR AGENCY RELINQUISHMENTS FOR ADOPTION, TO MAKE CLARIFYING CORRECTIONS TO THE NOTARY LAWS, TO UPDATE THE GUARDIANSHIP ACCOUNTING STATUTE TO ALLOW FOR CERTAIN TIMING ELECTIONS AND EXTENSIONS, TO AMEND THE GENERAL STATUTES TO PREVENT THE ABUSE OR MISUSE OF AUTHORITY GRANTED TO AN AGENT IN A POWER OF ATTORNEY, AND TO PROMOTE THE RIGHTS AND INDEPENDENCE OF PERSONS SUBJECT TO THE GUARDIANSHIP PROCESS AND TO IMPROVE JUDICIAL OVERSIGHT AND ACCOUNTABILITY FOR GUARDIANS OF THE PERSON. SL 2023-124. Enacted September 28, 2023. Effective September 28, 2023, except as otherwise provided.
Bill Summaries: S615 ADOPTION LAW/NOTARY CHANGES/GUARDIANSHIP RTS. (NEW)
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Bill S 615 (2023-2024)Summary date: Sep 28 2023 - View Summary
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Bill S 615 (2023-2024)Summary date: Sep 12 2023 - View Summary
Conference report makes the following changes to the 2nd edition.
Part I.
Specifies that changes to GS 48-1-101 (definitions of State adoption statute), GS 48-1-106 (pertaining to legal effect of adoption decree), and GS 48-5-101 (who must join in the petition) are effective January 1, 2024.
Part II.
Makes organizational changes to GS 48-3-303(c)(12) (pertaining to redactions from preplacement assessments). Specifies that changes to GS 48-3-202(b) and GS 48-3-303(c)(12) are effective January 1, 2024.
Part III.
Specifies that changes to procedures for relinquishment of a minor for adoption under GS 48-3-702 become effective January 1, 2024.
Part IV.
Deletes proposed new GS 7B-302.1 (pertaining to conflicts of interest in juvenile matters) and replaces it with the following.
Amends GS 10B-38 as enacted by SL 2023-57, to authorize (was, require) all notaries to maintain a journal of all notarial acts in accordance with rules adopted by the NC Secretary of State.
Amends GS 10B-134.15(a), as amended by SL 2023-57 to clarify that electronic notaries who perform a remote electronic notarization must enter information about that notarization in an electronic journal notwithstanding GS 10B-38. Effective July 1, 2024.
Part V.
Deletes the proposed changes to GS 7B-602.
Amends GS 35A-1264 (pertaining to annual accounts by guardians of property the guardian received) to require guardian to submit annual reports at the end of a fiscal year term selected by the guardian upon the filing of the initial annual account, or, if made in a subsequent year, with the permission of the clerk. Specifies that the fiscal year term must be at least 11 months but no more than 12 months from the date of the guardian’s qualification or appointment. (Currently, requires annual filing within 30 days after the expiration of one year from the date of the guardian's qualification or appointment.) Allows the time for filing the annual account to be extended by the clerk. Makes accounts due within 30 days after the close of the fiscal year selected and annually thereafter. Requires the clerk to carefully review and audit the annual account and if approved, endorse the account and cause it to be recorded. Makes language gender neutral. Makes technical changes. Applies to annual account filings made on or after January 1, 2024.
Part VI.
Amends GS 32C-1-116 (pertaining to jurisdiction of Superior Court over causes of action related to guardianship) to clarify that the court must dismiss a case filed under its enumerated jurisdiction if a motion is submitted by a principal who the court determines is not incapacitated individually and not through an agent. (Currently, law only refers to a motion by the principal.)
Part VII.
Amends the definitions of incompetent child and incompetent adult in GS 35A-1101 (definitions applicable to incompetence proceedings) to clarify that neither party lacks capacity if, by means of a less restrictive alternative, he or she is able to sufficiently (1) manage his or her affairs and (2) communicate important decisions concerning his or her person, family, and property. Adds definition of less restrictive alternative (an arrangement enabling a respondent to manage his or her affairs or to make or communicate important decisions concerning his or her person, property, and family that restricts fewer rights of the respondent than would the adjudication of incompetency and appointment of a guardian. The term includes supported decision making, appropriate and available technological assistance, appointment of a representative payee, and appointment of an agent by the respondent, including appointment under a power of attorney for health care or power of attorney for finances).
Amends GS 35A-1106 (contents of a petition to determine competency) to require the petition to include a statement identifying what less restrictive alternatives have been considered prior to seeking adjudication and why they are insufficient to meet the needs of the respondent. Makes technical changes and terms gender neutral.
Enacts new GS 35A-1117, pertaining to notice of rights of the respondent in proceedings under GS Chapter 35A (Incompetency and Guardianship), requiring that every respondent be given a notice of rights as specified. Sets forth required language that must be conspicuously set forth to the respondent in a substantially similar way in the notice. Makes conforming changes to GS 35A-1107 (pertaining to right to counsel or guardian ad litem), GS 35A-1108 (issuance of notice), GS 35A-1109 (service of notice and petition), and GS 35A-1217 (appointment of guardian ad litem for incompetent ward) to refer to the notice specified above.
Amends GS 35A-1108 to require the hearing on the petition be held no less than 10 days nor more than 30 days after service of the notice of rights and the petition and initial notice of hearing (was, service of notice of petition only). Amends GS 35A-1109 to require the initial notice of hearing be mailed to the respondent's next of kin and other designated persons.
Amends GS 35A-1116 (pertaining to costs and fees) to allow for costs to be apportioned among the parties in the alternative to be taxed against any party. Removes language in the statute authorizing petitioner’s counsel fees to be taxed against a party as costs. Directs the court to tax costs incurred by any party against the respondent if those costs were incurred for the benefit of the respondent, unless doing so would be inequitable. Specifies that if the respondent is indigent, then the costs are waived if not taxed against a party other than respondent. (Currently, refers to costs being assessed against the petitioner.) Makes technical changes.
Amends GS 35A-1201 (purpose of guardian and ward statutes) to specify that (1) for adults, guardianship should always be a last resort and should only be imposed after less restrictive alternatives have been considered and found to be insufficient to meet the adult’s needs and (2) filing regular status reports by the guardian on the person's conditions and welfare are encouraged and should be required where appropriate. Amends GS 35A-1207 (motions in the cause) to allow the clerk, on their own motion, to file a motion for modification of the order appointing (a) guardian(s) or consideration of any matter pertaining to the guardianship. (Currently, only any interested person may file such motions.) Amends GS 35A-1214 to give first priority of appointment to an individual or entity nominated under GS 32C-1-108(a) (guardian nominated in a duly executed power of attorney) or GS 32A-22(b) (guardian nominated in a duly executed health care power of attorney). Makes technical changes. Amends GS 35A-1242 (status reports for incompetent wards) to require a person’s guardian(s), upon knowledge of the ward’s change of residence, to file a notice of change of the ward’s address with the court within 30 days. Specifies content for notice.
Applies to petitions filed on or after January 1, 2024.
Makes conforming changes to act’s long and short titles.
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Bill S 615 (2023-2024)Summary date: Jun 28 2023 - View Summary
House committee substitute to the 1st edition makes the following changes.
Makes technical changes to GS 48-3-303(c)(12).
Adds the following content.
Enacts GS 7B-302.1, listing ten instances in which a conflict of interest is deemed to exist at the department for an abuse, neglect, or dependency report, including, among others, (1) when the report involves an employee of the child welfare division of the county department, a relative of an employee of the child welfare division of the county department of social services, or, at the director's discretion, an employee of the county department of social services or a relative of an employee of the county department; (2) when the report involves a foster parent supervised by the county department; and (3) when the report involves a juvenile in custody of the department who is also a parent or caretaker. Requires the director that receives the report where the possible conflict exists to (1) request that another county department conduct the assessment and (2) notify the Division of Social Services of the Department of Health and Human Services (DSS; DHHS) of the possible conflict and the county that accepted the report for assessment. Requires the director to notify DSS upon making requests of two or more other counties whereby no other county is willing or able to accept the case for assessment. Directs DSS to evaluate the conflict and determine whether the county with the possible conflict is able to manage the case by obviating the possible conflict; appoint another county to assume management; and determine which county bears the financial responsibility when another county is appointed to manage the case (unless the counties agree between themselves). Establishes written notice requirements for the department with the possible conflict to inform the parent, guardian, custodian, or caretaker of the conflict and the county that assumes case management. Allows a parent, guardian, custodian, caretaker, juvenile, or their representative to seek to have their case transferred to another county when the case has not been referred to another county by taking specified steps depending on whether a petition alleging abuse, neglect, or dependency has been filed. If a petition has not been filed, allows the individual to file a petition with the district court that regularly hears juvenile matters in the county where the conflict of interest may exist. If a petition has been filed, allows filing a motion to change venue in the pending action. Sets out service requirements. Requires any such petition or motion to allege the reason a conflict of interest may exist. Requires the petition or motion to be heard in 10 business days from service or the next scheduled juvenile court session, whichever is later. Allows any person served with the notice of the petition or motion to request to be heard by the court and present evidence. Requires an order to be entered within 3 business days of the hearing.
Amends GS 7B-400(c), regarding a pre-adjudication change of venue, to allow substitution of petitioners due to a possible conflict of interest under new GS 7B-302.1.
Makes the above provisions effective October 1, 2023, and applicable to all actions filed or pending on or after that date.
Requires the Administrative Office of the Courts (AOC) to create forms for the petition and motion under GS 7B-302.1. Sets out items that must be included in the form. Requires the form to be available on AOC's website. Also requires the clerk of superior court of each county and the county department of social services to provide the form when requested. Also requires AOC to develop a procedure for maintaining confidentiality of a petition.
Amends GS 7B-602 to no longer require appointment of a guardian ad litem to represent a parent who is under 18 and not married or otherwise emancipated. Specifies for an unemancipated minor parent, a guardian ad litem may be appointed when the parent is incompetent but must not be appointed solely due to the parent being under age 18.
Makes conforming title changes.
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Bill S 615 (2023-2024)Summary date: Apr 5 2023 - View Summary
Amends GS 48-1-101 (definitions of State adoption statute) to add defined term former stepparent. Amends GS 48-1-106, detailing the legal effect of adoption decree, as follows. Specifies that a decree of adoption will not affect the relationship between the child and the parent who is the stepparent's spouse or the stepparent's former spouse in any of the following circumstances: (1) an adoption by a stepparent; (2) an adoption of an adult adoptee by a former stepparent who is unmarried or whose current spouse does not join in the petition; and (3) a readoption pursuant to GS 48-6-102 (readoption after a stepparent adoption). (Currently does not provide for adult adoptions by former stepparent.) Makes conforming changes. Makes conforming changes to GS 48-5-101 (pertaining to who has standing to file a petition to adopt an adult) to provide for a former stepparent to do so. Makes technical change.
Amends GS 48-3-202(b) (pertaining to preplacement assessments for minor adoptions) to provide that the information described in GS 48-3-303(c)(12) may be redacted and makes technical changes. (Currently provides that the agency preparing the preplacement assessment may make the redactions.) Similarly amends GS 48-3-303(c)(12) to remove reference to agency preparing the preplacement assessment as the party authorized to make redactions and makes technical changes.
Amends the procedures for relinquishment of a minor for adoption (GS 48-3-702) to incorporate the identification procedures identified in GS 48-3-605(h) (procedures relating to execution of consent) to a relinquishment executed under GS 48-3-702.
Effective October 1, 2023.