Bill Summary for S 423 (2015-2016)

Summary date: 

Apr 15 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 423 (Public) Filed Wednesday, March 25, 2015
AN ACT TO ALIGN STATE LAW WITH FEDERAL LAW BY PROVIDING FOR THE SUPPORT OF HEALTHY DEVELOPMENT OF YOUTH IN FOSTER CARE THROUGH IMPLEMENTATION OF A REASONABLE AND PRUDENT PARENT STANDARD FOR DECISIONS MADE BY A FOSTER PARENT OR A DESIGNATED OFFICIAL FOR A CHILD CARE INSTITUTION AND REVISING THE LAWS PERTAINING TO ABUSE, NEGLECT, AND DEPENDENCY REGARDING JUVENILE PLACEMENT UNDER THE JUVENILE CODE; TO PROVIDE LIABILITY INSURANCE FOR FOSTER PARENTS' TO REDUCE BARRIERS TO OBTAINING A DRIVERS LICENSE FOR FOSTER CHILDREN AND BY CLARIFYING THAT FOSTER PARENTS DO NOT VIOLATE FINANCIAL RESPONSIBILITY REQUIREMENTS BY ALLOWING FOSTER CHILDREN WITH THEIR OWN INSURANCE COVERAGE TO OPERATE A VEHICLE OWNED BY THE FOSTER PARENT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY A MEDICAID WAIVER FOR CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCE.
Intro. by Barringer, Harrington, Tucker.

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Bill summary

Senate committee substitute makes the following changes to the 1st edition.

Changes the long title.

Amends proposed GS 131D-10.2A, Reasonable and prudent parenting standard, making clarifying and conforming changes. Also expounds on who is included in the term "caregiver" for the purposes of the section. Provides that the provisions also apply to the Department of Health and Human Services when exercising custody of or placement authority over a child in foster care. 

Amends proposed GS 7B-912, Juveniles 14 years of age and older; Another Planned Permanent Living Arrangement, making a technical change.

Amends proposed GS 58-36-43, Development of policy form or endorsement for personal liability insurance for foster parents, deleting (a)(2), which required the specified policy or endorsement to provide liability coverage for acts or omissions of a child in a licensed family foster home. Amends subsection (b) to provide that liability insurance is not required to cover acts or omissions that result from any action or inaction of gross negligence, willful and wanton conduct, or intentional wrongdoing that results in injury to the child (previously provided that liability insurance is not required to cover acts or omissions of a foster parent when such are not in compliance with written instructions received from the placing agency or Department of Health and Human Services). 

Deletes proposed changes to GS 58-37-35(g). 

Makes Part 2 of the act, concerning the reasonable and prudent parenting standard in foster care, effective October 1, 2015.

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