Bill Summary for H 370 (2025-2026)

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Summary date: 

Mar 18 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 370 (Public) Filed Tuesday, March 11, 2025
AN ACT TO ENACT THE UNIFORM CHILD ABDUCTION PREVENTION ACT AND TO ENACT ARTICLE THREE OF THE UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Davis.

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Bill summary

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

Amends proposed GS 50A-418 concerning the prevention of child abduction, as follows. Amends the actions a court may take to prevent imminent abduction of a child, to allow the court to authorize law enforcement to take any action reasonably necessary to locate the child or obtain return of the child under an order issued under the Article or other State law (was, direct the use of law enforcement to take any action reasonably necessary to locate the child, obtain return of the child, or enforce a custody determination under this Article or other State law). 

Amends proposed GS 50A-419, concerning a warrant to take physical custody of a child, as follows. Amends the timing under which the respondent on a petition that alleges there is a credible risk that a child is imminently likely to be wrongfully removed, so that it must not be later than the end of the next day that the district court is in session (was, no later than the next judicial day) unless a hearing on that date is impossible, in which case the court must hold the hearing on the first possible day that the district court is in session (was, on the first judicial day possible). Amends the items that an ex parte warrant to take physical custody of a child must do, to include authorizing law enforcement officers to take physical custody of the child without delay (was, direct law enforcement officers to take physical custody of the child immediately). Requires the petition and warrant to be served on the respondent when, or as soon as possible after (was, immediately after), the child is taken into physical custody. Makes other clarifying changes.