Bill Summary for S 423 (2015-2016)

Summary date: 

Jun 11 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

House committee substitute makes the following changes to the 3rd edition.

Amends the long title. 

Amends proposed GS 131D-10.2A concerning the reasonable and prudent parenting standard, removing county departments of social services and the Department of Health and Human Services from provisions that they cannot be held liable for injuries to a child that occur if the caregiver or county department of social services is acting in accordance with the reasonable and prudent parenting standard.

Amends proposed GS 7B-903.1 concerning juveniles in custody of departments of social services, to provide that a court can delegate any part of the specified decision-making authority to a juvenile's parent, foster parent, or another individual (previously, provided that a county department of social services had that authority to delegate). Adds new subsections to the statute providing that when a juvenile is removed from a home and placed in custody or placement responsibility of a county department of social services then the director cannot allow unsupervised visitation or return physical custody to a parent, guardian, custodian, or caretaker without a hearing and a finding that the juvenile will receive proper care and supervision in a safe home.  Also requires county departments of social services with custody or placement responsibility of juveniles to give notice to the guardian ad litem when they intend to change the juvenile's placement. Requires notice within 72 hours to the guardian ad litem in the event of emergency circumstances, unless local rules specify otherwise. 

Amends proposed GS 20-11(i)(4), deleting language that provided that caseworkers assigned to work with minors can sign applications for limited learner's permits or provisional driver's licenses. 

Makes clarifying changes and technical corrections throughout the bill. 

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