Bill Summary for H 147 (2013-2014)

Summary date: 

Feb 21 2013
S.L. 2013-236

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 147 (Public) Filed Thursday, February 21, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND VARIOUS LAWS PERTAINING TO ADOPTION.
Intro. by Jordan, Stevens, Glazier.

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Bill summary

Rewrites GS 7B-909 to clarify that a a review of a department's or agency's plan for a juvenile must be scheduled for a hearing in a court session whenever either of the the described actions in subsections (a)(1) or (a)(2) have occurred. Amends subsection (a)(1) to provide that the need for review of a plan for placement is triggered when the parental rights of a non-surrendering parent are not being terminated and the non-surrendering parent's consent or relinquishment necessary for the adoption of the juvenile cannot be obtained, in addition to the existing condition that the termination proceedings have not been instituted against the non-surrendering parent within six months of surrender by the other parent. Amends subsection (a)(2) to clarify that a need for review of a placement plan is also triggered when both parents have surrendered a juvenile for adoption under GS Chapter 48, Article 3, Part 7, and there is no final decree of adoption within six months from the date of the most recent parental surrender. Enacts new subsection (b1) authorizing the court to void a relinquishment for adoption signed by the surrendering parent pursuant tonew GS 48-3-707(a)(4) when the court finds that no steps are being taken to terminate the right of the other parent from whom consent or relinquishment has not been obtained. Provides additional criteria regarding notice to the relinquishing parent whose rights will be restored. Provides that additional reviews are not required after a relinquishment is voided under new subsection (b1) andexempts a review hearing under subsection (b1) from being conducted under GS 7B-908.

Amends GS 48-2-204 to provide guidelines regarding the death of a stepparent seeking to adopt a juvenile prior to the entry of a final decree. Makes additional clarifying changes.

Amends GS 48-2-207 to provide that its provisions regarding notice and response time apply to an individual who is described in GS 49-3-601 (person whose consent to adoption is required) or entitled to notice under GS 48-2-401.

Makes technical and conforming changes to GS 48-2-302.

Amends GS 48-2-305by deletingthe requirement that the listed documents must be filed at the time the petition for adoption is filed. Instead provides that any of the specified documents that are available to the petitioner at the time that the petition is filed must be filed with the petition andthat any document unavailable at the time the petition is filed is to be filed when the document becomes available. Provides that the petitioner must file or cause to be filed (1) a copy of any required pre-placement assessment certified by the preparing agency (was, and any required certificate of service), or (2) an affidavit from the petitioner stating why the assessment is not available. Expands the list of documents required to be filed to include a certificate as required by GS 48-3-307(c) and a certified copy of any conviction of a crime as specified under GS 48-3-603(a)(9)establishing that an individual's consent to adoption is not required.

Amends GS 48-2-401(c)(3) to require that notice of filing of an adoption petition must be supplied to a man whose consent to the adoption is not required under GS 48-3-603(a)(9), because of his conviction for a specified crime.

Amends GS 48-3-603(a) to include a person convicted under GS 14-27.2A (rape of a child) and whose actions resulted in the conception ofthe child to be adopted, as a person whose consent to an adoption is not required. Makes additional technical changes and corrections.

Amends GS 48-3-605(c) to provide that a person executing a consent document must be given an original or a copy of the fully executed consent (was, individual received or was offered a copy). Makes additional technical changes and corrections.

Amends GS 48-3-702 to add provisions governing the procedures for executing a relinquishment. Makes conforming changes,technical changes, and corrections to GS 48-3-603, GS 48-3-606,and GS 48-3-703.

Amends GS 48-3-707(a) to provide for the court-ordered voiding of a relinquishment upon the motion of a county department of social services or licensed child-placing agency, in specified circumstances.

Amends GS 50-13.1(a) to provide that a person convicted under GS 14-27.2A and whose actions resulted in the conception of a child cannot claim the right to custody of that minor child.

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