Bill Summary for S 615 (2023-2024)

Printer-friendly: Click to view

Summary date: 

Jun 28 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 615 (Public) Filed Wednesday, April 5, 2023
AN ACT TO ALLOW ADULT ADOPTEES TO BE ADOPTED BY A FORMER STEPPARENT, THE REMOVAL OF CERTAIN REDACTION RESTRICTIONS FROM ADOPTION HOME STUDIES, AND THE EXPANSION OF ACKNOWLEDGMENT OPTIONS FOR AGENCY RELINQUISHMENTS FOR ADOPTION, TO MAKE CLARIFYING CORRECTIONS TO THE NOTARY LAWS, TO UPDATE THE GUARDIANSHIP ACCOUNTING STATUTE TO ALLOW FOR CERTAIN TIMING ELECTIONS AND EXTENSIONS, TO AMEND THE GENERAL STATUTES TO PREVENT THE ABUSE OR MISUSE OF AUTHORITY GRANTED TO AN AGENT IN A POWER OF ATTORNEY, AND TO PROMOTE THE RIGHTS AND INDEPENDENCE OF PERSONS SUBJECT TO THE GUARDIANSHIP PROCESS AND TO IMPROVE JUDICIAL OVERSIGHT AND ACCOUNTABILITY FOR GUARDIANS OF THE PERSON.
Intro. by Galey, Barnes, Krawiec.

View: All Summaries for BillTracking:

Bill summary

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

Makes technical changes to GS 48-3-303(c)(12).

Adds the following content.

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 child welfare division of the county department, a relative of an employee of the child welfare division of the county department of social services, or, at the director's discretion, an employee of the county department of social services or a relative of an employee of the county department; (2) when the report involves a foster parent supervised by the county 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 possible 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 possible 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 possible conflict is able to manage the case by obviating the possible conflict; appoint another county to assume management; and determine which county bears the financial responsibility when another county is appointed to manage the case (unless the counties agree between themselves). Establishes written notice requirements for the department with the possible conflict to inform the parent, guardian, custodian, or caretaker of the conflict and the county that assumes case management. Allows a parent, guardian, custodian, caretaker, juvenile, or their representative to seek to have their case transferred to another county when the case has not been referred to another county by taking specified steps depending on whether a petition alleging abuse, neglect, or dependency has been filed.  If a petition has not been filed, allows the individual to file a petition with the district court that regularly hears juvenile matters in the county where the conflict of interest may exist. If a petition has been filed, allows filing a motion to change venue in the pending action. Sets out service requirements. Requires any such petition or motion to allege the reason a conflict of interest may exist. Requires the petition or motion to be heard in 10 business days from service or the next scheduled juvenile court session, whichever is later. Allows any person served with the notice of the petition or motion to request to be heard by the court and present evidence. Requires an order to be entered within 3 business days of the hearing.

Amends GS 7B-400(c), regarding a pre-adjudication change of venue, to allow substitution of petitioners due to a possible 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.

Requires the Administrative Office of the Courts (AOC) to create forms for the petition and motion under GS 7B-302.1. Sets out items that must be included in the form. Requires the form to be available on AOC's website. Also requires the clerk of superior court of each county and the county department of social services to provide the form when requested. Also requires AOC to develop a procedure for maintaining confidentiality of a petition.

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 for an unemancipated minor parent, a guardian ad litem may be appointed when the parent is incompetent but must not be appointed solely due to the parent being under age 18. 

Makes conforming title changes.