Bill Summary for H 918 (2019-2020)

Summary date: 

Jun 24 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 918 (Public) Filed Tuesday, April 16, 2019
AN ACT TO AMEND VARIOUS ABUSE, NEGLECT, AND DEPENDENCY LAWS TO ENSURE THE SAFETY OF CHILDREN IN OUT-OF-HOME PLACEMENTS, EXPEDITE PERMANENCY PLANNING HEARINGS FOR CHILDREN WHO HAVE BEEN REMOVED FROM THE HOME, CREATE A PRESUMPTION THAT FOSTER PARENTS WITH WHOM A CHILD HAS LIVED CONTINUOUSLY FOR NINE MONTHS ARE DEEMED NONRELATIVE KIN, CREATE AN AGGRAVATING CIRCUMSTANCE FOR THE EXPOSURE TO UNLAWFUL CONTROLLED SUBSTANCES IN UTERO OR CONTROLLED SUBSTANCES USED IN VIOLATION OF THE LAW IN UTERO, AND REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF SOCIAL SERVICES, TO REPORT ANNUALLY CERTAIN EXPENDITURES FOR THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) AND TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) PROGRAM.
Intro. by Jarvis, Stevens, Murphy.

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Bill summary

Senate amendment to the 2nd edition makes the following changes.

Amends proposed GS 7B-503(a)(7), permitting an order of nonsecure custody when the juvenile is an infant who was born drug-exposed to alcohol, unlawful controlled substances, or controlled substances in violation of the law. Adds that this provision cannot be the sole ground for ordering nonsecure custody if the parent is enrolled in and meeting or exceeding the benchmarks of a substance abuse treatment program recommended by a medical provider or a LME/MCO. Further amends GS 7B-503(a) to require that the developmental and attachment needs of the juvenile must be considered in making nonsecure custody determinations based on any of the enumerated grounds.

Adds to the proposed changes to GS 7B-901(c)(1)e., which  provides that if a disposition order places a juvenile in the custody of a county department of social services, the court must direct that reasonable efforts for reunification are not required if the court finds that a court has determined that aggravated circumstances exist because the parent has committed or allowed the continuation of chronic or toxic exposure to alcohol or controlled substances that causes impairment of or addiction in the juvenile, including, but not limited to, exposure to unlawful controlled substances in utero or controlled substances in violation of the law in utero. Adds that the court is required to consider whether a parent is enrolled in and meeting or exceeding the benchmarks of a substance abuse treatment program recommended by a medical provider or an LME/MCO.

Changes the effective date of Part I of the act, amending various GS Chapter 7B statutes, from July 1, 2020, to October 1, 2020.

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