House committee substitute changes the act's titles and replaces the content of the 4th edition with the following.
Part I.
Amends the purposes set forth in GS 7B-100 that are applicable to Subchapter I of GS Chapter 7B, governing abuse, neglect, dependency and termination of parental rights proceedings. Now states as a purpose of the Subchapter that when it is not in the best interest of the juvenile to be returned home, the juvenile will be placed in a safe, permanent home within one year from the date of the initial order removing custody (was, within a reasonable amount of time).
Expands the definitions of abused juveniles and neglected juvenile provided in GS 7B-101. Now includes any juvenile less than 18 who is found to be a victim of unlawful sale, surrender, or purchase of a minor under GS 14-43.14 (previously, included in the list of offenses that if committed by a parent, guardian, custodian, or caretaker of a juvenile under 18, deemed the juvenile an abused juvenile). Changes the statutory violations listed for which a parent, guardian, custodian, or caretaker of a juvenile under 18, the commission of which deems the juvenile abused pursuant to the definition of an abused juvenile. Now includes sexually violent offenses as defined in GS 14-208.6(5), applicable to the Sex Offender and Public Protection Registration Programs (replacing individually listed GS Chapter 14 sexual offenses previously listed). Now deems a neglected juvenile any juvenile less than 18 whose parent, guardian, custodian, or caretaker uses an illegal substance, abuses alcohol, or illegally uses a controlled substance and is unable to care for and provide a safe and appropriate home for the juvenile, or (2) uses an illegal substance, abuses alcohol, or illegally uses a controlled substance while a child is in utero.
Expands the available grounds for obtaining nonsecure custody of a juvenile alleged to be abused, neglected or dependent which are set forth in GS 7B-503. Now allows for a court to order nonsecure custody if the juvenile is an infant born exposed to alcohol, illegal substances, or illegally used controlled substances. However, the parent's use cannot be the sole ground for a nonsecure custody order if the parent is enrolled in and meeting or exceeding benchmarks of a substance abuse treatment program recommended by a medical provider or a LME/MCO. Adds a new requirement that the court must consider the developmental and attachment needs of the juvenile when making nonsecure custody determinations.
Amends GS 7B-505, adding the juvenile's next of kin to the relatives and other persons with custody of any siblings of the juvenile which the department of social services (dss) must identify and notify within 30 days of the initial nonsecure custody order. Adds a new requirement that the court must consider the developmental and attachment needs of the juvenile in determining whether placement with an identified relative while in nonsecure custody would be contrary to the best interest of the juvenile.
Modifies the aggravating circumstances which require a court to direct, in the initial dispositional order, that dss is not required to make reasonable efforts for reunification of the juvenile under GS 7B-901(c). Regarding a court's determination of a parent's commission or encouragement of the commission of, or allowance of the continuation of, chronic or toxic exposure to alcohol, illegal substances, or controlled substances in violation of the law, now specifically states that in utero exposure to alcohol, illegal substance, or controlled substances in violation of the law is included. Directs the court to consider the parent's enrollment in and meeting or exceeding the benchmarks of a substance abuse treatment program recommended by medical provider or LME/MCO.
Amends GS 7B-903, which lists dispositional alternatives the court may order following the adjudication of a juvenile as abused, neglected or dependent, to require the court to consider the developmental and attachment needs of the juvenile when determining whether placement with a relative would be contrary to the best interest of the juvenile. Limited to the provisions of GS 7B-903 only, deems a foster parent to be nonrelative kin of the juvenile once the juvenile has resided in the home of the foster parent for a continuous period of at least nine months, so long as the juvenile is not a member of a State-recognized tribe.
Amends GS 7B-903.1(c) regarding required observation visits with the juvenile and the parent, guardian, custodian, or caretaker from whom the juvenile was removed, to specify that dss can recommend unsupervised visits or return of physical custody of the juvenile, whichever occurs first.
Regarding whether hearings which follow the initial dispositional hearing are designated review hearings or permanency planning hearings, amends GS 7B-906.1 to designate hearings for a juvenile who was residing with a caretaker at the time the abuse, neglect or dependency petition was filed as a permanency planning hearing (previously, review hearings were held for a juvenile that was not removed from a caretaker). Amends the required relevant findings the court must make at each review and permanency planning hearing under GS 7B-906.1 as follows. Removes the exception for hearings noticed and heard as permanency planning hearings from the requirement that the court schedule a permanency planning hearing within 30 days of a review hearing in which a juvenile is removed from the custody of a parent, guardian, or custodian. If relevant, requires the court to make written findings regarding whether reunification would be unsuccessful or inconsistent with the juvenile's health or safety and need for a safe, permanency home within one year from the date the initial order removing custody was entered (was, within a reasonable period of time). Adds that this finding must also address whether the parent has engaged in any of the factors described in GS 7B-901(c) which require that the court direct that reunification efforts are not required at initial disposition. Limits the court's authority to maintain or order a different placement, appoint a guardian of the person, or order any dispositional alternative under subsection (i) to permanency planning hearings. Specifies that visitation requirements under GS 7B-903.1 apply when the court orders custody or placement to dss, in addition to instances in which the court continues custody or placement with dss, under subsection (l). Limits the authority of the court to waive future hearings, subject to making five required findings, to permanency planning hearings only. Eliminates "cogent" from the evidentiary standard required for the court's findings to waive future permanency planning hearings, hold the hearings less often than required, or require written reports in lieu of hearings. Changes the five required findings for waiver under subsection (n) as follows. As an alternative to a finding that the juvenile has resided in the placement for at least one year, allowing for the parties to agree and the court to enter a consent order (was, that the juvenile has resided in the placement for at least six consecutive months and the court enters a consent order). Requires that all parties are aware that the matter can be brought before the court for review at any time by filing a permanency planning or modification motion (was, a motion for review) or on the court's own motion. Makes technical changes.
Modifies the criteria for standing to petition or motion to terminate the parental rights (TPR) of a parent under GS 7B-1103(a) to include any person with whom the juvenile has resided for a continuous period of 15 months (was, 18 months) or more next preceding the filing.
Amends GS 7B-1109 to specify that the evidentiary standard to adjudicate a TPR ground is clear and convincing evidence (was, clear, cogent and convincing).
Amends the grounds upon which a parent's rights may be terminated under GS 7B-1111(a) to include that the parent has willfully left the juvenile in foster care or placement outside of the home for more than nine months (was, 12 months) without showing reasonable progress under the circumstances in correcting the conditions which led to the juvenile's removal.
Effective October 1, 2024, and applies to TPR petitions and motions filed on or after that date.
Part II.
Immediately stays the Regional Abuse and Medical Specialist (RAMS) program staffed within the NC Child Medical Evaluation Program (NC CMEP), pending compliance with three objectives, which include establishing program rules pursuant to GS Chapter 150A, amendment and federal approval of any State plan, and federal approval of RAMS program rules. Requires modification of any contracts or memorandums of understanding between the Department of Health and Human Services (DHHS) and the UNC School of Medicine to comply with the act.
Directs the Social Services Commission (Commission) to adopt rules to implement the RAMS program and lists 10 required components, including limiting the RAMS team focus to screened-in cases meeting specified criteria, requiring the county dss director to decide issues where there is a disagreement between the local social services worker and the RAMS team, and establishing the frequency in which the RAMS team member and the social worker supervisor must meet during the family or investigative assessment period. Within 30 days of the completion of the rulemaking process, requires the DHHS Secretary (Secretary) or their designee to submit the proposed rules and any proposed changes to the State plan to the US Secretary of Health and Human Services (US Secretary) or their designee. Requires the Commission to initiate the rulemaking process within 30 days of the date the act becomes effective. Prohibits any rule, statute or plan amendment which the US Secretary determines would negatively impact federal funding to the State from becoming effective. Requires the Secretary or their designee to notify the Commission and the Rules Review Commission of the US Secretary's determinations within five days of receipt.
Directs the Division to annually report to the specified NCGA committees and chairs beginning September 1, 2024, on the hiring, training, and oversight of the RAMS program and the rulemaking process. Requires all reports provided to the federal government relevant to the RAMS program to be simultaneously provided to the specified NCGA committees and chairs.
Details the effective dates for rules adopted pursuant to the act, based on whether approval of the US Secretary is required or State plan amendments are necessary because of the proposed rules. Requires the Secretary to report to the Revisor applicable effective dates once known.
Part III.
Enacts GS 143B-138.1A, establishing a private cause of action against DHHS for any individual who experiences a loss or harm due to the Secretary or their designee taking any action or causing any action to be taken against an individual through a program created, administered, supervised, or funded by DHHS that is operating without going through the required rulemaking process. Provides for the prevailing individual to recover litigation costs. Applies to actions taken by DHHS on or after October 1, 2024.
Part IV.
Effective March 1, 2025, amends GS 108-9, GS 108A-15.8, and GS 153A-77 to require members of county boards of social services, regional boards of social services, and consolidated human services board members to attend education and training sessions provided for new board members during their first year of service. Directs the Division of Social Services (applicable to county and regional boards) and the Divisions of Social Services, Public Health, and Mental Health, Developmental Disabilities, and Substance Use Services (applicable to consolidated boards) to collaborate with specified stakeholders to create formal education and training sessions required of new board members, including a segment on the potential liabilities of the applicable board, with sessions available statewide by March 1, 2025. Requires all board members to have participated in the sessions by March 1, 2027.
Part V.
Directs the Administrative Office of the Courts (AOC) to conduct a feasibility and cost study of a proposed child support tribunal in which dedicate court officers would hear child support matter using quasi-judicial procedures. Details required considerations of the study. Requires AOC to submit its findings and recommendations to the specified NCGA committee by May 1, 2025.
Part VI.
Enacts GS 108A-15.16 to require county and regional departments of social services and consolidated human services agencies to expeditiously work to resolve conflicts of interest pursuant to applicable law and DHHS policies and procedures. Describes three instances which qualify as a conflict of interest, including when the department or agency cannot manage adverse interests of two individuals to whom the office owes a duty to serve. Requires DHHS policies and procedures to address financial and practice responsibilities associated with conflicts of interest. Provides for offices to contact DHHS when a conflict arises and grants DHHS final authority regarding conflicts of interest assignments when a dispute arises, with regional and central offices having initial authority as specified. Directs the Social Services Commission to adopt rules regarding conflicts of interest management that address described required components within 30 days of the date the act becomes law.
Directs the Social Services Commission to report to the specified NCGA committee within 30 days of adopting the rules addressing conflicts of interest.
Part VII.
Directs the Joint Legislative Oversight Committee (Committee) on Health and Human Services to study, evaluate, and make recommendations on five described proposals regarding foster children, foster families, and kinship providers. Further directs the committee to: (1) work with DHHS and county boards to create uniform standards regarding child welfare matters; (2) make recommendations from information updated provided by DHHS on the Child Welfare and Family Well-being Transformation Team; (3) work with the Supreme Court Chief Justice regarding improvements to child welfare cases, obtain updates from the Task Force of Adverse Childhood Experience Informed Courts, and make recommendations based on the information provided; (4) work with DHHS regarding the working group working to identify innovative Medicaid services to fill gaps in care for foster children and the development of the trauma-informed standardized assessment for foster cases, and make recommendations based thereon; and (5) any other issues the committee deems appropriate for the improvement of the child welfare system. Directs the Committee to report to the 2025 NCGA prior to its convening.
Bill Summaries: S625 CHILD WELFARE, SOC. SERV., AND DHHS REFORMS. (NEW)
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Bill S 625 (2023-2024)Summary date: Jun 26 2024 - View SummaryCourts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Court System, Administrative Office of the Courts, Government, General Assembly, State Agencies, Department of Agriculture and Consumer Services, Department of Health and Human Services, Local Government, Health and Human Services, Health, Social Services, Child Welfare
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Bill S 625 (2023-2024)Summary date: Apr 27 2023 - View Summary
Senate amendment to the 3rd edition makes the following changes.
Section 11
Amends GS 7B-903.2, providing for the procedure for emergency motions by a party to the juvenile case, the hospital where the juvenile is located, or the LME/MCO or PHP regarding the requirements of GS 122C-142.2, to require motions to be heard within 10 business days (was, five business days) of when the motion is served or the next scheduled juvenile court session, whichever is later.
Section 13
Deletes the proposed repeal of GS 7B-1114(m), instead maintaining current law which deems parents whose parental rights have been reinstated not liable for support or services provided to the juvenile for the period from the date of the order terminating their rights to the date of the order reinstating their rights.
Section 17
Amends new GS 48-3-709 to consistently refer to the term "post-adoption contact agreement and order." Makes a technical change.
Section 18
Amends new GS 7B-325 to specify that an individual must meet one of the three conditions described to be eligible to file a petition for expungement of their name from the responsible individuals list (previously, appeared to require all three conditions).
Section 21
Eliminates the entirety of Section 21, which amended Section 9A of SL 2015-245, as amended, to direct the Department of Health and Human Services to seek approval from CMS to allow a parent or caretaker relative to retain Medicaid eligibility when the department of social services has been granted custody of a child formerly in the care of a parent or caretaker relative and certain criteria were met. Deletes changes to Section 9D.14 of SL 2021-180 regarding the sunset of the changes in Section 9A of SL 2015-245 and GS 108A-54.3A. Deletes the conforming changes to GS 108A-54.3A.
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Bill S 625 (2023-2024)Summary date: Apr 26 2023 - View Summary
Senate committee substitute to the 2nd edition makes the following changes.
Section 1
Revises the definition of abused juvenile set forth in GS 7B-101, applicable to Subchapter I, Abuse, Neglect, Dependency. Now includes any juvenile less than 18 who is found to be a minor victim of unlawful sale, surrender, or purchase of a minor under GS 14-43.14 (previously, included in the list of offenses that if committed by a parent, guardian, custodian, or caretaker of a juvenile under 18, deemed the juvenile an abused juvenile). Changes the statutory violations listed for which a parent, guardian, custodian, or caretaker of a juvenile under 18, the commission of which deems the juvenile abused pursuant to the definition of an abused juvenile. Now includes sexually violent offenses as defined in GS 14-208.6(5), applicable to the Sex Offender and Public Protection Registration Programs (replacing individually listed GS Chapter 14 sexual offenses previously listed). Eliminates prosecutor as a defined term. Makes a technical change to the new defined term legal counsel for the department.
Section 2
Amends GS 7B-302(g) to provide for a person who reports alleged abuse, neglect, or dependency to request for the Department of Health and Human Services to review a county department of social services director's decision regarding any finding of abuse, neglect, or dependency, whether any protective action is being taken, and whether the report was filed as a petition (previously, permitted review by the appropriate prosecutor).
Further amends GS 7B-403, providing that a director's decision not to file a report alleging abuse, neglect, or dependency as a petition must be reviewed by DHHS (was, the prosecutor), if requested pursuant to GS 7B-305.
Section 4
Further amends GS 7B-401.1 to authorize the court to discharge a guardian, custodian, or caretaker as a party to the proceeding, after an adjudication of a juvenile as abused, neglected, or dependent, if the court finds that the person's continuation as a party is not necessary to meet the juvenile's needs and is in the best interest of the juvenile (previously, did not specify that removal is limited to after the adjudication, and provided for the court finding that the person does not have a legal right that can be affected by the action and that their continuation as a party is not necessary to meet the juvenile's needs).
Sections 5
Amends GS 7B-502 to require counties to have a judge or delegated magistrate available at all times with whom the department may request nonsecure custody of a juvenile (was, can file a juvenile petition in order to seek nonsecure custody of a juvenile).
Section 7
Amends GS 7B-508, by requiring written orders made pursuant to telephonic communication to include the signature and title of the clerk or magistrate who accepted the petition for filing (was, of the judicial official entering the order).
Section 9
Amends GS 7B-602 by providing that for an unemancipated minor parent, a GS 1A-1, Rule 17, guardian ad litem may be appointed when the parent is incompetent but must not be appointed solely based on the parent being under age 18 (was, only that a parent cannot be found incompetent solely due to the parent being an unemancipated minor).
Amends proposed GS 7B-604 by limiting who is required to undergo the required training to attorneys representing the county department of social services as legal counsel for the department in Subchapter I (Abuse, Neglect, Dependency) proceedings.
Section 11
Amends GS 7B-903.2 to specify that DHHS, as supervising principal of the local county department of social services, must be provided the opportunity to be heard in any hearing (was, heard) on any motion filed under (c). Requires the motion to be heard within five business days of when the motion is served or the next scheduled juvenile court session, whichever is later (was, within five business days of filing).
Section 12
Amends GS 7B-906.1 to require before an order removing a juvenile can be made that there is a court finding after the completion of the initial disposition or the prior review hearing that one of the specified conditions exits (was, one of the conditions must have occurred but did not require a court finding). Makes a clarifying change. Amends (k) to refer to planning hearings instead of planning review hearings.
Amends GS 7B-906.2 to require, instead of the court being required to hold a hearing to review the change of placement within 10 days of the motion being filed, that the motion request that the hearing be held within 30 days. Also requires at the hearing that the caretaker be given the opportunity to present evidence, cross-examine witnesses, and be represented by an attorney at their own expense, in addition to having the opportunity to address the court. Makes additional clarifying and organizational changes.
Section 14
Amends GS 48-3-601 by making clarifying changes.
Section 15
Amends GS 112C-142.2 to clarify that the director must contact the appropriate LME/MCO or PHP as soon as practicable, not later than 24 hours of the start of the juvenile's stay (was, no later than 24 hours of the stay) in the hospital to request an assessment. Amends the time within which the LME/MCO or PHP must arrange for the assessment to within 72 (was, 48 hours) following notification from the director. Adds the county department of social services to those entities with whom a Rapid Response Team must develop a plan regarding the steps need to meet a juvenile's treatment needs.
Section 16
Amends GS 108A-74 (concerning requirement for counties and regional social services departments to annually enter into written agreement for all social service programs other than medical assistance and related corrective actions) by adding that a director's failure to comply with the directive of the DHHS made under the statute is contrary to the director's duties and responsibilities and falls outside the scope of the county department's agency relationship with DHHS.
Section 17
Amends GS 48-1-101 by amending the definition of post-adoption contract agreement and order to specify that it is a voluntary mediated agreement (was, voluntary agreement).
Removes the proposed changes to GS 48-2-102 (transfer, stay, or dismissal of adoption proceedings) and GS 48-2-607 (adoption appeals).
Amends GS 48-2-305 to also require a petitioner for adoption to file, if applicable, a certified copy of any post-adoption contract agreement and order.
Amends GS 48-3-706 to provide that the post-adoption contract agreement and order are void if relinquishment is revoked as provided for in GS 48-3-704 (Content of relinquishment; optional provisions) or GS 48-3-706 (Revocation of relinquishments), or rescinded, set aside, or voided under GS 48-3-707 (Challenges to validity of relinquishments) or GS 7B-909(b1) (concerning circumstances under which that any relinquishment for adoption signed by a parent who has surrendered the child for adoption shall be voided).
Amends GS 48-3-708 as follows. Allows before executing a relinquishment the parent(s) of a minor adoptee who is in the custody of a county department of social services according to an order entered under Subchapter I (Abuse, Neglect, Dependency) and the prospective adoptive parent(s) to voluntarily participate in a court-approved mediation program to reach a voluntarily mediated post-adoption contract agreement. Allows the court with jurisdiction over the proceeding involving the minor under Subchapter I to make the referral to mediation. Provides that jurisdiction and venue (was, venue) for approval (was, approval and enforcement) of such agreement is before the district court with jurisdiction over the proceeding involving the minor under Subchapter I of GS Chapter 7B (was, having jurisdiction under GS Chapter 7B). Removes the provisions: (1) requiring the court to close the hearing; and (2) setting out determinations that the court must make in order to approve the voluntarily mediated agreement.
Amends the required content of the statements that must be included in the voluntarily mediated agreement as follows. Requires the agreement to be signed under oath by the parties or accompanied by an affidavit made under oath that affirmatively states that the agreement was entered into knowingly and voluntarily and is not the product of coercion, fraud, or duress; allows the affidavit to be executed jointly or separately. Requires a statement that the agreement is entered into pursuant to the provisions of GS 48-3-708. Adds that any termination of the agreement does not affect the validity of the relinquishment or the final decree of adoption. Makes additional conforming and clarifying changes.
Prohibits the court from entering an order to approve the post-adoption contact agreement unless the agreement is in writing and executed prior to or as part of the relinquishment. Requires, when the court approves the post-adoption contact agreement, that: (1) the court must enter a post-adoption contact agreement and order and instruct the clerk to treat the order as an initiation of a civil action for custody; (2) the court must designate the caption of the action and the parties to the action and waives the civil filing fee unless the court orders one or more of the parties to the agreement and order to pay the filing fee for a civil action into the office of the clerk of superior court; (3) the order must constitute a custody determination, and any motion to enforce, modify, or terminate the order must be filed in the newly created civil action and is governed by GS 48-3-709, also allows the Administrative Office of the Courts to adopt rules and requires developing and making available appropriate forms for establishing a civil file; (4) the record of the civil action must be withheld from public inspection and may only be examined by the parties to the civil proceeding and their attorneys, the minor, or by order of the court. Automatically terminates a post-adoption contact agreement and order on the date the child turns 18 or is otherwise emancipated.
Makes organizational changes by moving portions of GS 48-3-708 into GS 48-3-709 and makes the following changes to GS 48-3-709. Allows a party to a court-approved post-adoption contract agreement and order to seek to modify, enforce, or terminate the agreement by filing a motion in the civil action created under GS 48-3-708(h). Makes conforming changes to allow for termination. Adds that there is no right to appeal an order entered under the statute. Makes additional conforming changes.
Deletes the proposed changes to GS 48-9-102 (records confidential and sealed), GS 7B-401.1 (concerning when a juvenile's parents are parties), and GS 7B-908 (post termination of parental rights' placement court review).
Section 17 is effective July 1, 2024.
Section 18
Amends proposed GS 7B-325 by no longer specifying that the filing of petition for expungement of an individual's name from the responsible individuals list is notwithstanding any time limitations contained in the statute or in GS 7B-324. At the hearing on the petition for expungement, places the burden on the petitioner and requires all findings of fact to be based on clear and convincing evidence. Specifies that the rules of evidence applicable in civil cases apply, but allows the court to permit the admission of any reliable and relevant evidence if the general purposes of the rules of evidence and the interests of justice will best be served by its admission (was, court may consider any evidence, including hearsay evidence or testimony or evidence from any person that is not a party that the court finds to be relevant, reliable, and necessary). Allows a party to appeal the court's decision.
Section 18 is effective July 1, 2024.
Section 19
Amends GS 7B-305 to require a person making a report of abuse or neglect to have five working days to notify the complaint line at DHHS (was, notify the prosecutor) that the person is requesting review. Makes conforming changes by assigning related responsibilities to DHHS instead of the prosecutor.
Amends GS 7B-306 by requiring DHHS, instead of the prosecutor, to review the determination that a petition should not be filed within 20 days after receiving a request for review (was, 20 days after the person making the report is notified). Amends the action that can be taken after review to include directing the director to take a specific action to provide protective services.
Makes conforming changes to GS 7B-308.
Section 20
Amends GS 50-13.10 to provide that a child support payment is not past due and no arrearages accrues for foster care assistance owed to the State during any period when the child is placed in custody of a department of social services (was, when the child is placed in foster care).
Amends proposed GS 110-135.1 to refer to when the child has been placed in the custody of a department of social services instead of when the child has been placed in foster care.
Section 21
Amends Section 9A of SL 2015-245, as amended, as follows. Directs DHHS to seek approval from CMS through either the 1115 waiver or another federal authority to allow a parent or caretaker relative to retain Medicaid eligibility when (1) the department of social services has been granted custody of a child formerly in the care of a parent or caretaker relative (was, when a parent or caretaker has lost custody of a child) pursuant to Subchapter I of GS Chapter 7B or comparable federally recognized tribal code (was, Chapter 7B only), (2) the child is being served temporarily by the foster care system, regardless of the type of out-of-home placement, and (3) a court has not found any of the following: (a) that aggravated circumstances exist in accordance with GS 7B-901(c) or comparable federally recognized tribal code (tribal code not previously included), (b) that a plan of reunification would be unsuccessful nor inconsistent with the child's health or safety in accordance with GS 7B-906.1(d) or comparable federally recognized tribal code (tribal code not previously included) or (c) that custody or guardianship with the caretaker relative is an inappropriate permanent plan for the juvenile under GS 7B-906.2(a)(3) or (a)(4) or comparable federally recognized tribal code (new provision).
Makes conforming changes to GS 108A-54.3A.
Amends Section 9D.14 of SL 2021-180 (which amended Section 9A of SL 2015-245 and GS 108A-54.3A) to set the section to expire if approval is not granted by CMS within 90 days of enactment of a joint resolution adjourning the 2023 Regular Session of the General Assembly sine die (was, if approval is not granted before June 30, 2023).
Section 22
Makes conforming changes to the act's effective date provision.
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Bill S 625 (2023-2024)Summary date: Apr 25 2023 - View Summary
Senate committee substitute to the 2nd edition is to be summarized.
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Bill S 625 (2023-2024)Summary date: Apr 19 2023 - View Summary
Senate committee substitute to the 1st edition makes the following changes.
Section 13
Deletes the proposed repeal of the entirety of GS 7B-904(d), which grants a court authority at the dispositional hearing or a subsequent hearing to order a parent, upon finding the parent is able, to pay reasonable child care costs to support the juvenile when legal custody of the juvenile is vested in someone other than the parent, with costs borne upon the department with custody if the parent is unable to pay. Instead, amends GS 7B-904(d) to eliminate a court's authority at the dispositional hearing or a subsequent hearing to order a parent, who the court has found able, to pay a reasonable sum to support a juvenile that has been adjudicated as abused, neglected, or dependent for whom legal custody is vested in someone other than the juvenile's parent. Now directs the county department of social services in whose custody the juvenile is placed to pay the cost of the support of the juvenile in all instances in which legal custody of the juvenile is vested in someone other than the juvenile's parent.
Adds the following new content.
Section 19
Amends GS 50-13.10 to specify that a child support payment or the relevant portion thereof is not past due and no arrearage accrues for foster care assistance owed to the State by the supporting party during any period when the child is placed in foster care.
Enacts GS 110-135.1 to require the following upon motion by either party and a showing that the child has been placed in foster care: (1) suspension of the obligor's child support obligation, if owed to the State, during any period when the child is placed in the custody of a county department of social services and (2) reduction of any foster care assistance arrears owed to the State for past paid foster care assistance to zero. Specifies that the statute does not create a debt owed to the obligor.
Applies to cases, motions, or petitions filed or pending on or after the date the act becomes law.
Section 20
Makes technical and clarifying changes to the effective date provisions of the act.
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Bill S 625 (2023-2024)Summary date: Apr 5 2023 - View Summary
Section 1
Adds the following defined terms to GS 7B-101, applicable to Subchapter I, Abuse, Neglect, Dependency. Defines judicial official as a magistrate, clerk, judge, or justice. Defines legal counsel for department as an attorney representing the department (the county child welfare agency) in proceedings under Subchapter I, regardless of whether the attorney is a county attorney, department attorney, or contract attorney.
Section 2
Amends GS 7B-302, GS 7B-303, and GS 7B-403, requiring the following petitions to be prepared by legal counsel for the department: petitions to invoke jurisdiction for the protection of a juvenile alleged to be abused, neglected or dependent (or any other juvenile in the home); petitions requesting an order directing a named respondent cease obstruction or interference with the assessment of a report of a juvenile alleged to be abused, neglected, or dependent; and petitions to file a report of alleged abuse, neglect, or dependency.
Further amends GS 7B-303, making the evidentiary standard at hearings on petitions regarding obstruction or interference with an assessment "clear and convincing," rather than "clear, cogent, and convincing."
Further amends GS 7B-403, requiring reports alleging abuse, neglect, or dependency that are filed as petitions to be signed by the director.
Makes the above provisions effective January 1, 2024.
Section 3
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 county department, a relative of an employee of the child welfare division of the county department, or, at the director's discretion, a relative of an employee of the county department; (2) when the report involves a foster parent supervised by the 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 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 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 conflict is able to manage the case by obviating the conflict; appoint another county to assume management; and determine which county bears the financial responsibility when another county is appointed to manage the case. Establishes written notice requirements for the department with the conflict to inform the parent, guardian, custodian, or caretaker of the conflict and the county that assumes case management, along with the contact information for the DSS complaint line. Allows a parent, guardian, custodian, juvenile, or their representative to seek to have their case transferred to another county by contacting the DSS complaint line if a department has a conflict of interest at the time of the report or at any time during case management, whereby DSS must apply the statute's provisions.
Amends GS 7B-400(c), regarding a pre-adjudication change of venue, to allow substitution of petitioners due to a 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.
Section 4
Amends GS 7B-401.1 to allow a current caretaker or current foster parent providing care for the juvenile to intervene in the case if the current caretaker or current foster parent has authority to file a petition to terminate the parental rights of the juvenile's parents under GS 7B-1103 (current law allows intervention by a foster parent but not a current caretaker). Makes organizational changes.
Makes the above provisions effective October 1, 2023, and applicable to all actions filed or pending on or after that date.
Sections 5 and 6
Amends GS 7B-502 to explicitly condition a judge's authority to issue nonsecure custody orders upon the filing of a juvenile petition under GS 7B-405. Replaces the existing authority of a chief district court judge to delegate the court's authority to other persons by administrative order to instead authorize delegation to any magistrate by administrative order, filed in the office of the clerk of superior court. Enacts a new requirement for counties to have a judge or delegated magistrate available at all times with whom the department can file a juvenile petition in order to seek nonsecure custody of a juvenile. Makes a conforming change to GS 7B-506.
Section 7
Amends GS 7B-508, which authorizes communications relating to temporary custody or nonsecure custody to be made by telephone when other means are impractical, to require a copy of the petition to be provided to the judge or magistrate who is delegated authority by GS 7B-502 by any appropriate secure method, including hand delivery, fax, or encrypted electronic means. Modifies the requirements of written orders made pursuant to telephonic communication to now require the order to bear the title of the person requesting and receiving telephonic approval, the name and title of the judge or magistrate approving the initial nonsecure custody order, the signature and title of the judicial official entering the order, and the hour and date of the authorization.
Section 8
Amends GS 7B-600, authorizing the court to appoint co-guardians of a juvenile. Enacts a new subsection, (b2), allowing for a co-guardian to file a motion for a review hearing under GS 7B-906.1 when the relationship between permanent co-guardians dissolves. Requires the court to consider the needs of the juvenile and enter an order addressing the guardianship and whether it is in the best interest of the juvenile. Authorizes the court to maintain the placement or order any disposition authorized by GS 7B-903. Allows the court to terminate the permanent guardianship of one or both co-guardians based on the dissolution of their relationship and the best interest of the juvenile. Authorizes the court to maintain the co-guardianship and modify the order to address physical and legal custody of the juvenile. Requires the court to consider whether custody rather than guardianship is in the juvenile's best interest, and if so, enter a custody order under GS 7B-911. Clarifies that the grounds for termination of a guardianship under subsection (b) apply to the termination of a permanent guardianship, and adds the dissolution of the relationship between co-guardians described in new subsection (b2) to the grounds for termination.
Section 9
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 that a parent cannot be found incompetent solely due to the parent being an unemancipated minor. Effective October 1, 2023, and applicable to all actions filed or pending on or after that date.
Enacts GS 7B-604, creating a new requirement for each county department of social services to be represented by legal counsel in proceedings governed by Subchapter I (Abuse, Neglect, Dependency). Requires an attorney representing the department to receive six hours of training addressing State and federal child welfare law and procedures, prior to initial representation, and six hours of continuing legal education addressing child welfare law annually thereafter. Effective January 1, 2024.
Section 10
Amends GS 7B-903.1(c), regarding required observation visits with juvenile and the parent, guardian, custodian, or caretaker from whom the juvenile was removed, to specify that the department can recommend unsupervised visits or return of physical custody of the juvenile, whichever occurs first. Effective October 1, 2023, and applicable to all actions filed or pending on or after that date.
Section 11
Amends GS 7B-903.2 to remove DHHS from the parties or entities that can make a limited appearance for the sole purpose of filing a motion regarding a juvenile's continued stay in an emergency department or subsequent hospital admission when the requirements of GS 122C-142.2(b) through (f1) (concerning juveniles presenting to a hospital for mental health treatment; as amended) have not been satisfied. Makes conforming changes to remove DHHS from the entities that automatically become a party to the proceeding for the limited purpose of participating in related hearings. Instead, establishes that DHHS, as a supervising principal of the county department, must be provided the opportunity to be heard of any motion filed related to the continued stay or subsequent admission. Provides for service of the motion on the hospital, LME/MCO or PHP, and DHHS in accordance with GS 1A-1, Rule 4. Enacts a new subsection to allow information regarding any failure of a hospital to cooperate in providing access to the juvenile under GS 122C-142.2 to be provided to the court as evidence in a hearing on the motion of a defense for the alleged violation by the department or LME/MCO or PHP. Now requires the motion to be heard within five business days of filing. Changes the evidentiary standard to whether there is clear and convincing evidence that the juvenile has met hospital discharge criteria and that the responsible party has not satisfied the requirements of GS 122C-142.2(b) through (f1), as amended (was, that there is no medical necessity for the juvenile to remain in the hospital). Allows the court to order the responsible party to pay reasonable hospital charges for the juvenile's continued stay (was, admission) at the hospital incurred after the date the juvenile met hospital discharge criteria. Makes conforming changes. Adds new a new provision establishing that dismissal of the motion due to the juvenile's discharge and placement does not preclude a separate cause of action for monetary damages.
Section 12
Amends GS 7B-906.1, which sets forth procedures for review hearings and permanency planning hearings.
No longer designates hearings where custody has not been removed from a caretaker as a review hearing. Instead designates hearings where the juvenile was residing with a caretaker at the time the petition was filed as a permanency planning hearing.
Regarding the required criteria the court must consider at each hearing, requires the court to schedule a permanency planning hearing within 30 days if the juvenile is removed from the custody of the parent, guardian, or custodian (no longer waiving the requirement if the hearing was noticed and heard as a permanency planning hearing).
Establishes criteria that must be satisfied for an order that removes the juvenile from a parent, guardian, or custodian to be made, requiring, after the completion of the initial disposition or prior to the review hearing: (1) at least one factor required for nonsecure custody under GS 7B-503(a)(1) through (a) (4) has occurred, or at least one factor specified in GS 7B-901(c), which provides grounds for ceasing reunification, has occurred and the juvenile has experienced or is at substantial risk of experiencing physical or emotional harm as a result; or (2) the parent, guardian, or custodian consents to the order of removal. Establishes that the purpose of review hearings is to review the progress of the parent, guardian, or custodian with their court-ordered services. Mandates the parent, guardian, or custodian to complete court-ordered services within 12 months from the date of the filing of the petition, demonstrate that circumstances precipitating the department's involvement with the family have been resolved to the satisfaction of the court, and provide a safe home for the juvenile. Requires the court to terminate jurisdiction (was, waive future review hearings), absent extraordinary circumstances, when the parent, guardian, or custodian has successfully completed the court-ordered services and the juvenile is residing in a safe home.
Makes a clarifying change by specifying that the provisions of subsection (i), relating to a court's review of a juvenile's placement, apply to permanency planning hearings. Amends subsection (k) to refer to permanency planning review hearings (was, periodic judicial review of placement). Adds that the court cannot refuse to conduct a permanency planning hearing is a party files a motion seeking a hearing. Revises subsection (k1) to prohibit a court from refusing to conduct a review hearing if a party files a motion seeking the review, no longer qualifying that the party must allege a significant fact. Expands subsection (l), making GS 7B-903.1 apply to a court ordering or continuing placement in the custody or placement responsibility of the department.
Makes changes to subsection (n) to clarify that the provisions apply to permanency planning hearings, now allowing the court to waive the hearings, require written reports in lieu of the hearings, or order less frequent hearings, if the court finds five criteria exist, by clear and convincing evidence (was, by clear, cogent, and convincing evidence). Changes two of the criteria to include: (1) that the juvenile has resided in the placement for at least one year or the parties are in agreement (was, or the juvenile has resided in the placement for at least six consecutive months), and the court enters a consent order; and (2) that the parties are aware that the matter may be brought before the court for review at any time by filing a permanency planning or modification motion (was, by filing a motion for review) or on the court's own motion. Makes technical changes.
Enacts new subsection (b1) to GS 9B-906.2, requiring the department to file a motion prior to any change in placement for a juvenile who has been residing with a relative or a nonrelative caretaker when there are not relatives who are willing and able to provide proper care and supervision to the juvenile in a safe home for 12 consecutive months, when the caretaker objects to the juvenile's removal. Establishes criteria for filing such a motion, including: (1) the juvenile must be in department custody; (2) adoption must be the primary permanent plan; and (3) the current caretaker must have notified the department of their desire to adopt the juvenile. Requires court review within 10 days of filing. Provides for notice to all parties, their attorneys, and the caretaker. Provides the caretaker with an opportunity to address the court, but prohibits making the caretaker a party solely based on the right to be heard. Details evidence the court may consider and required the court to determine if removal is in the best interest of the juvenile. Excludes from the new provisions cases where there are allegations of abuse or neglect of the juvenile under the care and supervision of the caretaker. Enacts new subsection (f) to require the court to advise a guardian or custodian of the right to seek child support after an order awarding permanent guardianship or custody has been entered.
Makes the above provisions effective October 1, 2023, and applicable to all actions filed or pending on or after that date.
Section 13
Repeals GS 7B-904(d), which grants a court authority at the dispositional hearing or a subsequent hearing to order a parent, upon finding the parent is able, to pay reasonable child care costs to support the juvenile when legal custody of the juvenile is vested in someone other than the parent, with costs borne upon the department with custody if the parent is unable to pay.
Amends GS 7B-1109, establishing the evidentiary standard at adjudicatory hearings on the termination of parental rights to be "clear and convincing evidence," rather than "clear, cogent, and convincing evidence."
Amends GS 7B-1111, changing the grounds for terminating parental rights as follows. Regarding abuse or neglect as grounds for termination, adds that neglect includes a biological or possible biological father of a child born out of wedlock who within three months of the child's birth or within 30 days of the discovery that the mother committed fraud in concealing her pregnancy or the birth, whichever is greater, has not made efforts to acknowledge or establish his paternity and formed or attempted to form a relationship with the child. Repeals the following grounds for termination: (1) placement of the juvenile with the department, a licensed child placing agency, a child-caring institution, or a foster home, and the parent, being able, willfully failed to pay the reasonable costs of care for six months preceding filing of the petition; (2) one parent having custody of the juvenile and the other parent has willfully failed to pay for the care, support, and education of the child as required by decree or agreement for at least one year; and (3) the father of a juvenile born out of wedlock has failed to establish or legitimate paternity through one of five described actions prior to the filing of the petition or motion.
Amends GS 7B-1114 to allow the parent whose rights have been terminated to file a motion to reinstate the parent's rights (currently limited to the juvenile, the guardian ad litem attorney, or a department with custody of the juvenile), subject to the existing three conditions specified for motions for reinstatement. Makes conforming changes.
Section 14
Amends GS 48-3-601, which defines person who must execute consent to an adoption. For consent required to be executed by men who may or may not be the biological father of the minor, requires consent for, among other descriptions, men who: (1) have legitimated the minor under the law of any state before the filing of the adoption petition or within three months of the child's birth, whichever is greater (previously required before the filing of the petition); (2) have acknowledged his paternity of the minor, and is either obligated to support the minor by agreement or court order, has provided or attempted to provide reasonable and consistent payments for support during or after pregnancy or of the minor, or has married or attempted to marry the mother of the minor after the minor's birth but before placement for adoption or mother's relinquishment, before the greater of the filing of the petition, within three months of the child's birth, or within 30 days of the discovery that the mother committed fraud in identifying the father or withheld the known identity of the father, or the date of a hearing held under GS 48-2-206 (previously, required before the earlier of the filing of the petition or the date of a hearing held under GS 42-2-206); or (3) have received the minor into his home and openly held out the minor as his biological child before filing the petition or within three months of the child's birth (previously, required before filing of the petition).
Section 15
Amends GS 122C-142.2 concerning presentation of a juvenile at a hospital for mental health treatment. Changes the definition of a "director" to mean the director of the county department with custody of the juvenile, or their representative (was, the director of the county department in which the juvenile resides).
Upon a juvenile in the custody of a county department presenting to a hospital emergency department for mental health treatment, requires the hospital to contact and notify the director of the juvenile's presentment. Requires the director to contact the appropriate LME/MCO or PHP as soon as practicable, not later than 24 hours, of the juvenile's stay in the hospital to request an assessment (previously, required contact within 24 hours of the determination that the juvenile should not remain at the hospital and no appropriate placement is immediately available, to request an assessment). Shortens the time within which the LME/MCO or PHP must arrange for the assessment to within 48 hours following notification from the director (was, within five business days). Adds a new requirement for the hospital to cooperate with the LME/MCO or PHP to provide access to the juvenile during the juvenile's stay in the hospital. Following the assessment, requires placement, as determined by the director, as soon as practicable and not later than five business days (was, within five business days). Adds a new subsection (d1), prohibiting the hospital from releasing the juvenile unless (1) the juvenile meets hospital discharge criteria; (2) the placement as recommended by the assessment is available; or (3) there is consent of the juvenile or director authorized to consent to treatment pursuant to GS 7B-505.1.
Revises the provisions of subsection (f), regarding required notification of DHHS's Rapid Response Team when the director or LME/MCO or PHP is unable to identify an appropriate available placement after completion of the assessment, or the assessment recommendations differ. Instead requires the director, an LME/MCO or PHP to notify the Rapid Response Team (Team), as defined, if any one of four described circumstances exists, including: (1) the anticipated inability to identify an appropriate available placement or provider; (2) the assessment recommendations differ from the preferences of the individual or director authorized to consent to treatment under GS 7B-505.1 or from services readily available; (3) there are delays in accessing needed behavioral health assessments; or (4) the juvenile has been released in violation of required criteria under new subsection (d1). Organizes disclosure authority into new subsection (f1), and expands the authority to allow LME/MCOs and PHPs, in addition to directors, to disclose confidential information as to the Team. Upon notification, requires the Team to determine if action is necessary to address the immediate needs of the juvenile, and if determined necessary, requires the Team to develop a plan with the LME/MCO or PHP regarding steps to meet the juvenile's treatment needs. Eliminates the previously examples of responses. Requires any plan to include monitoring the plan's implementation.
Enacts new subsection (h) to limit Team meetings to members of the Team and individuals from relevant county departments, LME/MCOs, and PHPs that are invited by the Team. Deems meetings not public and all information shared or created at meetings or as response not public record. Bars disclosure or redisclosure of information unless authorized by state or federal law. Enacts new subsection (i), establishing a monthly reporting requirement for LME/MCOs and PHPs, notifying DSS of the number of county department notifications of assessments, the length of time to find placement, and the number of recommendations at each level of care.
Section 16
Cites the section's provisions as "Christal's Law."
Enacts GS 108A-74(a5), granting the Secretary of the DHHS authority to: have access to records and information pertaining to any open or closed child welfare case of the department; inquire into and review any county social work practice; or inquire into and review the legal representation of the county or regional department as it pertains to the delivery of child welfare services for a particular child welfare case or all child welfare cases of the department. Provides that the authority may be exercised as part of regular performance monitoring, or in response to complaints to DHHS regarding a juvenile who has been the subject of a report of abuse, neglect, or dependency within the previous 12 months, or a case in which the juvenile or their family was a recipient of child welfare services within the previous 12 months. Directs the Secretary to notify the respective county board of commissioners, the county manager, and the board of social services upon finding violations of state law or rules occurring in any specific case or cases, and direct the director to remedy the violation by taking immediate action as prescribed by the Secretary. Deems no other authorities of the Secretary affected by these provisions.
Section 17
Makes the following changes to GS Chapter 48 concerning adoptions.
Enacts GS 48-3-708 to allow a parent(s) of a minor adoptee and the prospective adoptive parent(s) to voluntarily participate in a court-approved mediation program to reach a voluntary mediated post-adoption contact agreement, prior to executing a relinquishment. Adds that a biological parent under 18 has legal capacity to enter such agreement and is fully bound by the agreement as if 18 or older. Directs AOC to develop and make available appropriate forms for implementation. Establishes venue for approval and enforcement of agreements as the district court having jurisdiction under GS Chapter 7B. Allows others to be invited to participate in mediation by mutual consent of the parent(s) executing relinquishment and the prospective adoptive parent(s), but bars making such invitees parties or receiving copies of any agreement. Deems proceedings and related information confidential and prohibits disclosure of any information or statements of participants. Provides that otherwise admissible evidence is not rendered inadmissible. Prohibits making a record of the proceedings and requires the mediator to destroy their notes immediately after mediation. Provides for court review of the agreement to determine whether the agreement will be incorporated into the court order. Requires a closed hearing; limits parties to those executing the agreement; and does not grant a right to appointed counsel. Requires court approval of the agreement if the court finds the agreement is in the best interests of the child, based on five described factors, and that that the agreement was entered into knowingly and voluntarily by all parties, supported by an affidavit. Sets forth four statements that must be included in the agreements, and requires enforceable agreements to be written, approved by the court prior to relinquishment, and incorporated into any adoption decree to survive as an independent agreement. Deems the agreement unenforceable upon the child turning 18 or otherwise becoming emancipated. Grants the issuing court continuing jurisdiction over the agreement's enforcement. Provides for a party to file a motion for review to modify, enforce, or discontinue the agreement and describes procedures for a review. Deems an order for modification, enforcement, or discontinuance the sole remedy for breach of the agreement. Details restrictions and limitations of orders for modification. Authorizes the court to impose appropriate sanctions. Specifies that the statute does not abrogate the rights of the adoptive parents except as provided in the agreement.
Amends GS 48-1-101 to define post-adoption contract agreement and order.
Amends GS 48-1-106 to authorize former parents to exercise rights established in a post-adoption contact agreement and order.
Amends GS 48-2-100 to grant the district court jurisdiction over post-adoption contact agreements and orders. Amends GS 48-2-102 to reflect the court's retained jurisdiction pursuant to new GS 48-3-708.
Amends GS 48-2-607 to explicitly prohibit setting aside a final order of adoption due to failure of an adoptive parent, former parent, or adoptee to follow the terms of a post-adoption contact agreement and order.
Amends GS 48-3-702 to require the individual before whom a relinquishment is signed to certify that original or copy of the post-adoption contact agreement and order has been given to the parent, guardian, or minor to be adopted executing the relinquishment.
Amends GS 48-3-703 and GS 48-3-705, regarding the mandatory provisions of relinquishment and their consequences, to exclude rights and duties contained in a post-adoption contact agreement and order from termination.
Amends GS 48-3-706, establishing that if any person is a party to the post-adoption contact agreement and revokes the relinquishment, the post-adoption contact agreement and order are void; excludes persons with physical custody who relinquishes a minor and thereafter revokes the relinquishment pursuant to subsection (b).
Amends GS 7B-9-102 to deem post-adoption contact agreements not open for inspection by any person other than the parties to the agreement or their attorneys pending review by the court to determine whether the agreement will be incorporated into a court order.
Amends GS 7B-401.1 to require a parent who has relinquished the juvenile for adoption and has entered a post-adoption contact agreement and order pursuant to new GS 48-3-708 to be made a party to a petition filed alleging that the juvenile is abused, neglected, or dependent.
Amends GS 7B-908 to require a parent who has relinquished the juvenile for adoption and entered a post-adoption contact agreement and order to be given notice of placement reviews post-termination of parental rights. Adds that the parent who has relinquished the juvenile and entered a post-adoption contact agreement and order has the right to participate in the review hearings, except as directed by the court.
Makes the above provisions effective October 1, 2023, and applicable to all actions filed or pending on or after that date.
Section 18
Amends GS 7B-323, which allows for judicial review a director's determination of abuse or serious neglect and identification of a responsible individual upon the identified individual filing a petition for review. Now allows for review if less than one year has passed since the person's placement on the responsible individuals list and if the review serves the interest of justice or for other good cause (previously, permitted review at any time if the review serves the interests of justice or for extraordinary circumstances).
Enacts GS 7B-325 to allow a person whose name has been placed on the responsible individuals list to file a petition for expungement if three conditions are satisfied: (1) one year has passed since placement without judicial review, though eligible; (2) at least three years have passed since placement after judicial review; and (3) at least five years have passed since the person, who was criminally convicted for the same incident completed their sentence, complied with all post-release conditions and has not been convicted of any offense other than a traffic violation. Disqualifies persons whose conviction related to sexual abuse of a child, human trafficking, or a child fatality related to abuse or neglect. Details procedures related to the petition, including requiring filing with the district court in the county in which the abuse or serious neglect report arose; notifying the director of that county; maintaining a separate docket for these actions; and calendaring the matter for hearing within 45 days or at the next session of juvenile court. Requires closing the hearing at the request of a party. Provides for evidence the court may consider. Requires the hearing to be before a judge and without a jury. States preserved rights of the parties. Lists factors the court must consider in determining whether to grant the petition, including the nature of the offense and the amount of time since placement on the list. Authorizes the court to grant the petition upon finding, by clear and convincing evidence, that there is little likelihood that the petitioner will be a future perpetrator of child abuse or neglect. Requires the court to enter the order within 30 days of the hearing. If granted, the court must order the director to expunge the individual's name from the responsible individuals list.
Makes the above provisions effective October 1, 2023, and applicable to all actions filed or pending on or after that date.