Bill Summary for H 612 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS AFFECTING JUVENILES AND ASSOCIATED SERVICES, COUNTY SOCIAL SERVICES BOARDS AND DEPARTMENTS, REGIONAL SOCIAL SERVICES BOARDS AND DEPARTMENTS, CONSOLIDATED HUMAN SERVICES BOARDS AND AGENCIES, AND THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES.Intro. by Chesser, Bell, Loftis, Alston.
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Bill summary
Section 1
Amends the definition of abused juveniles set forth in GS 7B-101, applicable to Subchapter I, Abuse, Neglect, Dependency. Changes the statutory violations listed for which a parent, guardian, custodian, or caretaker of a juvenile under 18, the commission of which deems the juvenile abused pursuant to the definition of an abused juvenile. Now includes sexually violent offenses as defined in GS 14-208.6(5), applicable to the Sex Offender and Public Protection Registration Programs (replacing individually listed GS Chapter 14 sexual offenses previously listed). Now includes any juvenile less than 18 who is found to be a victim of unlawful sale, surrender, or purchase of a minor under GS 14-43.14 (previously, included in the list of offenses that if committed by a parent, guardian, custodian, or caretaker of a juvenile under 18, deemed the juvenile an abused juvenile). Adds the following defined terms. Defines legal counsel for the department as an attorney representing the department proceedings under Subchapter I, regardless of whether the attorney is a county attorney, department attorney, or contract attorney. Defines post-adoption contract agreement and order, as authorized under new GS 7B-909.2, as enacted and described below. Eliminates prosecutor as a defined term and adds and defines Division to mean the Division of Social Services of the Department of Health and Human Services (DHHS).
Section 2
Amends GS 7B-201 to specify that the court’s jurisdiction under Subchapter I terminates upon the juvenile’s death if the death occurs before the court terminates jurisdiction by court order, the juvenile reaches 18 or is emancipated. Applies to any action pending or filled on or after the date the act becomes law.
Section 3
Amends GS 7B-302, GS 7B-303, and GS 7B-403, requiring the director to attest that the following petitions have been reviewed by legal counsel for the department if the legal counsel has not also signed the petition: petitions to invoke jurisdiction for the protection of a juvenile alleged to be abused, neglected or dependent (or any other juvenile in the home); petitions requesting an order directing a named respondent cease obstruction or interference with the assessment of a report of a juvenile alleged to be abused, neglected, or dependent; and petitions to file a report of alleged abuse, neglect, or dependency.
Further amends GS 7B-302 as follows. Requires petitions seeking to invoke jurisdiction for the protection of a juvenile to allege the applicable facts. Eliminates a duplicative provision regarding reports alleging abuse or neglect in a child care facility. Deletes the requirements that the director petition the court to order an alleged abuser found to have a history of violent behavior to submit to a complete mental health evaluation by a licensed psychology or psychiatrist. Requires the director to include the basis for its decision whether or not to accept the report for assessment in the notice to the person making the abuse, neglect, dependency report. Creates a new process for a reporter to seek a review by the Division when the director decides not to accept the report for an assessment. Requires written notice of the procedures to request Division review within five business days of receipt. Mandates the Division review the director’s decision within five business days of receipt of a request for review and permits the Division to affirm the decision or direct the director to initiate an assessment of the report. Specifies that this review procedure does not prevent the reporter from requesting a review by the director and from the director. Lastly, changes the review of a director’s decision to not file a petition from the prosecutor to the Division.
Further amends GS 7B-303, requiring the director to sign an interference petition. Makes the evidentiary standard at hearings on petitions regarding obstruction or interference with an assessment "clear and convincing," rather than "clear, cogent, and convincing."
Further amends GS 7B-403, requiring petitions alleging abuse, neglect, or dependency to be drafted and reviewed by the legal counsel for the department and signed by the director (currently drawn by the director). Makes conforming changes regarding review of the director’s decision not to file a petition, now reviewed by the Division.
Makes conforming changes to repeal GS 7B-503, relating to petitions regarding abusers with a history of violent behavior.
Makes the above provisions effective April 1, 2026.
Section 4
Enacts GS 7B-302.1, listing ten instances in which a conflict of interest is deemed to exist at the department of social services for an abuse, neglect, or dependency report, including, among others, (1) when the report involves an employee of the county department, a relative of an employee of the child welfare division of the county department, or, at the director's discretion, a relative of an employee of the county department; (2) when the report involves a foster parent supervised by the 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 conflict exists to (1) request that another county department conduct the assessment, and (2) notify the Division of the conflict and the county that accepted the report for assessment. Requires the director to notify the Division upon making requests of two or more other counties whereby no other county is willing or able to accept the case for assessment. Directs the Division to evaluate the conflict and determine whether the county with the conflict is able to manage the case by obviating the conflict and appoint another county to assume management. Mandates that county with the conflict bears the financial responsibility of the case unless otherwise agreed upon by the counties involved. Establishes written notice requirements for the department with the conflict to inform the parent, guardian, custodian, or caretaker of the conflict and the county that assumes case management, along with the contact information for the Division constituent concern line. Allows a parent, guardian, custodian, juvenile, or their representative to seek to have their case transferred to another county by contacting the Division’s constituent concern line if a department has a conflict of interest at the time of the report or at any time during case management, whereby the Division must apply the statute's provisions.
Amends GS 7B-400(c), regarding a pre-adjudication change of venue, to allow substitution of petitioners due to a conflict of interest under new GS 7B-302.1.
Section 5
Amends GS 7B-401.1 to allow a current caretaker or current foster parent providing care for the juvenile to intervene in the case if the current caretaker or current foster parent has authority to file a petition to terminate the parental rights of the juvenile's parents under GS 7B-1103 (current law allows intervention by a foster parent but not a current caretaker). Makes conforming changes to delete subsection (e1) and references thereto. Changes the requirements to remove a party to limit removal to after an adjudication of the juvenile as abused, neglected, or dependent, and only if the court finds that (1) the person’s continuation as a party is not necessary to meet the juvenile’s needs and (2) that removal is in the best interests of the juvenile (replacing the requirement to find that the person does not have legal rights that may be affected by the action).
Section 6
Amends GS 7B-502 to explicitly condition a judge's authority to issue nonsecure custody orders upon the filing of a juvenile petition under GS 7B-405. Replaces the existing authority of a chief district court judge to delegate the court's authority to other persons by administrative order to instead authorize delegation to any magistrate by administrative order, filed in the office of the clerk of superior court. Enacts a new requirement for counties to have a judge or delegated magistrate available at all times with whom the department may request nonsecure custody of a juvenile. Makes a conforming change to GS 7B-506. Amends GS 7B-404 to specify that any nonsecure custody order or interference order approved under the provisions of GS 7B-502 when the office of the clerk is closed is effective and enforceable after the order is signed by a judicial official.
Section 7
Amends GS 7B-508, which authorizes communications relating to temporary custody or nonsecure custody to be made by telephone when other means are impractical, to require a copy of the petition to be provided to the judge or magistrate who is delegated authority by GS 7B-502 by any appropriate secure method, including hand delivery, fax, or encrypted electronic means, or through the court’s electronic filing system. Modifies the requirements of written orders made pursuant to telephonic communication to now require the order to bear the name and title of the person requesting and receiving telephonic approval, the name and title of the judge or magistrate approving the initial nonsecure custody order, the signature and title of the clerk or magistrate who accepted the petition for filing, and the hour and date of the authorization.
Section 8
Amends GS 7B-600, authorizing the court to appoint co-guardians of a juvenile. Enacts a new subsection, (b2), allowing for a co-guardian to file a motion for a review hearing under GS 7B-906.1 when the relationship between permanent co-guardians dissolves. Requires the court to consider the needs of the juvenile and enter an order addressing the guardianship and whether it is in the best interest of the juvenile. Authorizes the court to maintain the placement or order any disposition authorized by GS 7B-903. Allows the court to terminate the permanent guardianship of one or both co-guardians based on the dissolution of their relationship and the best interest of the juvenile. Authorizes the court to maintain the co-guardianship and modify the order to address physical and legal custody of the juvenile. Requires the court to consider whether custody rather than guardianship is in the juvenile's best interest, and if so, enter a custody order under GS 7B-911. Clarifies that the grounds for termination of a guardianship under subsection (b) apply to the termination of a permanent guardianship, and adds the dissolution of the relationship between co-guardians described in new subsection (b2) to the grounds for termination.
Section 9
Amends GS 7B-602 to no longer require appointment of a guardian ad litem (GAL) to represent a parent solely based on the parent being under 18 and not married or otherwise emancipated. Specifies that the appointment of a Rule 17 GAL for an incompetent parent who is under 18 does not affect the minor parent’s right to a GAL as a juvenile subject to a petition under GS 7B-602.
Section 10
Enacts GS 7B-604, creating a new requirement for each county department to be represented by legal counsel for the department in proceedings governed by Subchapter I. Requires an attorney representing the department to receive six hours of training addressing State and federal child welfare law and procedures. Directs the Division to consult with representatives of county directors and legal counsel for the department who are department attorneys and establish ongoing training and practice standards applicable to legal counsel for the department. Effective April 1, 2026.
Section 11
Amends GS 7B-903.1(c). Specifies that the director is prohibited from returning physical custody of the juvenile to the parent, guardian, custodian, or caretaker from whom the juvenile was removed without a hearing where the court finds that the juvenile will receive proper care and supervision in a safe home. Regarding required observation visits with a juvenile and the parent, guardian, custodian, or caretaker from whom the juvenile was removed, specifies that the department can recommend unsupervised visits or return of physical custody of the juvenile, whichever occurs first.
Amends GS 7B-903, regarding the dispositional alternatives for a juvenile adjudicated abused, neglected, or dependent, to explicitly authorize a department with which a juvenile is placed to place the juvenile in one of four listed placements, including a licensed foster care home or other home authorized to provide care by law; a department-operated facility; a facility licensed to provide juvenile care; or any department-approved home, including the home of a relative, nonrelative kin, or other person with legal custody of a sibling. Bars the Division from placing the juvenile in any unlicensed facility or without sanction of the court designated by court order.
Amends GS 7B-505 to explicitly authorize placement of a juvenile in nonsecure custody with the juvenile’s nonremoval parent. Adds facilities licensed to provide care to juveniles to the list of temporary residential placements for juveniles in nonsecure custody. Bars the Division from placing the juvenile in any unlicensed facility or without sanction of the court designated by court order.
Applies to any action pending or filed on or after the date the act becomes law.
Section 12
Amends GS 7B-903.2 expanding the section to govern limited appearances for the sole purpose of filing a motion regarding a juvenile's continued stay in the hospital (was, an emergency department or subsequent hospital admission) when the requirements of GS 122C-142.2(b) through (f1) have not been satisfied (concerning juveniles presenting to a hospital for mental health treatment; as amended). Removes DHHS from parties or entities which can make a limited appearance under the section. Makes conforming changes to remove DHHS from the entities that automatically become a party to the proceeding for the limited purpose of participating in related hearings. Instead, establishes that the Division, as a supervising principal of the county department, must be provided the opportunity to be heard of any hearing on any motion filed under the section. Provides for service of the motion on the hospital, LME/MCO or PHP, and the Division in accordance with GS 1A-1, Rule 4. Enacts a new subsection to allow information regarding any failure of a hospital to reasonably cooperate in providing access to the juvenile under GS 122C-142.2 to be provided to the court as evidence in a hearing on the motion of a defense for the alleged violation by the department or LME/MCO or PHP. Now requires the motion to be heard within ten business days of service or the next scheduled juvenile court session, whichever is later. Changes the required written findings and conclusions to include whether there is clear and convincing evidence that the juvenile has met hospital discharge criteria (was, that there is no medical necessity for the juvenile to remain in the hospital) and that the responsible party has not satisfied the requirements of GS 122C-142.2(b) through (f1), as amended. Allows the court to order the responsible party to pay reasonable hospital charges for the juvenile's continued stay (was, admission) and damages to property caused by the juvenile at the hospital incurred after the date the juvenile met hospital discharge criteria. Makes conforming changes. Adds new a new provision establishing that dismissal of the motion due to the juvenile's discharge and placement does not preclude a separate cause of action for monetary damages. Applies to any action pending or filed on or after the date the act becomes law.
Section 13
Amends GS 7B-906.1, which sets forth procedures for review hearings and permanency planning hearings.
No longer designates hearings where custody has not been removed from a caretaker as a review hearing. Clarifies that from whom the juvenile was removed at initial disposition governs the hearing designation as a review hearing or permanency planning hearing.
Regarding the required criteria the court must consider at each hearing, requires the court to schedule a permanency planning hearing within 30 days if the juvenile is removed from the custody of the parent, guardian, or custodian (no longer waiving the requirement if the hearing was noticed and heard as a permanency planning hearing).
Establishes criteria that must be satisfied for an order that removes the juvenile from a parent, guardian, or custodian to be made, requiring, after completion of the initial disposition or the prior review hearing: (1) at least one factor required for nonsecure custody under GS 7B-503(a)(1) through (a) (4) has occurred, or at least one factor specified in GS 7B-901(c), which provides grounds for ceasing reunification, has occurred and the juvenile has experienced or is at substantial risk of experiencing physical or emotional harm as a result; or (2) the parent, guardian, or custodian consents to the order of removal. Establishes that the purpose of review hearings is to review the progress of the parent, guardian, or custodian with their court-ordered services. Mandates the parent, guardian, or custodian to complete court-ordered services within 12 months from the date of the filing of the petition, demonstrate that circumstances precipitating the department's involvement with the family have been resolved to the satisfaction of the court, and provide a safe home for the juvenile. Requires the court to terminate jurisdiction (was, waive future review hearings), absent extraordinary circumstances, when the parent, guardian, or custodian has successfully completed the court-ordered services and the juvenile is residing in a safe home.
Makes a clarifying change by specifying that the provisions of subsection (i), relating to a court's review of a juvenile's placement, apply to permanency planning hearings. Amends subsection (k) to refer to permanency planning hearings (was, periodic judicial review of placement). Adds that the court cannot refuse to conduct a permanency planning hearing if a party files a motion seeking a hearing. Revises subsection (k1) to prohibit a court from refusing to conduct a review hearing if a party files a motion seeking the review, no longer qualifying that the party must allege a significant fact. Expands subsection (l), making GS 7B-903.1 apply to a court ordering or continuing placement in the custody or placement responsibility of the department (was continued placement only).
Makes changes to subsection (n) to clarify that the provisions apply to permanency planning hearings, now allowing the court to waive the hearings, require written reports in lieu of the hearings, or order less frequent hearings, if the court finds five criteria exist, by clear and convincing evidence (was, by clear, cogent, and convincing evidence). Changes two of the criteria to include: (1) that the juvenile has resided in the placement for at least one year or the parties are in agreement (was, or the juvenile has resided in the placement for at least six consecutive months) and the court enters a consent order; and (2) that the parties are aware that the matter may be brought before the court for review at any time by filing a permanency planning or modification motion (was, by filing a motion for review) or on the court's own motion. Makes technical changes.
Amends GS 9B-906.2 to no longer require concurrent planning to continue when reunification is not identified as a permanent plan or when reunification is eliminated as a permanent plan. Clarifies that reunification is not required to be a primary or secondary permanent plan when the court has relieved the department of making reunification efforts at initial disposition under GS 7B-901(c) (was, when the court made written findings under GS 7B-901(c)), or when the court previously made written findings under GS 7B-906.1(d)(3) (current law does not specify the written findings be made previously).
Enacts new subsection (b1), requiring the department to move for a hearing prior to any change in placement when a juvenile is not being reunified with a parent, guardian, or custodian. Requires the motion be made within 30 days of five criteria being met, including that the juvenile is in department custody; has resided with a caretaker for the preceding 12 consecutive months and that caretaker objects to removal; the current caretaker is a relative or a nonrelative if there are no willing and able relatives to provide proper care and supervision of the juvenile in a safe home; the court-ordered primary permanent plan is adoption; and the current caretaker has notified the department of their desire to adopt the juvenile. Details notice and due process requirements for the hearing. Sets the evidentiary standard to be any evidence relevant, reliable, and necessary to determine the juvenile’s needs. Requires the court to determine at the hearing whether it is in the juvenile’s best interests to be removed. Excludes from new subsection (b1) instances where there are allegations of abuse or neglect of the juvenile while under the current caretaker’s care or supervision. Clarifies that new subsection (b1) does not make the caretaker a party to the proceeding.
Eliminates the four required findings a court is required to make at each permanency planning hearing where the court is ordering reunification as a permanent plan under subsection (d).
Enacts new subsection (f) to require the court to advise a guardian or custodian of the right to seek child support after an order awarding permanent guardianship or custody has been entered. Bars the court in the juvenile proceedings from ordering child support.
Section 14
Replaces the language of GS 7B-904(d) to prohibit the department from seeking child support in any type of proceeding, and the court from ordering child support in any type of proceeding, while a juvenile is placed in department custody (currently law grants a court authority at the dispositional hearing or a subsequent hearing to order a parent, upon finding the parent is able, to pay reasonable child care costs to support the juvenile when legal custody of the juvenile is vested in someone other than the parent, with costs borne upon the department with custody if the parent is unable to pay). Amends subsections (d1) and (e) to clarify that the court’s authority to order a parent, guardian, custodian, or caretaker to take the listed actions or issue an order to appear and show cause is dependent on the court having personal jurisdiction over the individual (was, if served with a copy of the summons pursuant to GS 7B-407).
Amends GS 7B-1109, establishing the evidentiary standard at adjudicatory hearings on the termination of parental rights to be "clear and convincing evidence," rather than "clear, cogent, and convincing evidence."
Applies to actions pending or filed on or after the date the act becomes law.
Amends GS 7B-1111, changing the grounds for terminating parental rights as follows. Regarding abuse or neglect as grounds for termination, adds that neglect includes a biological or possible biological father of a child born out of wedlock who within three months of the child's birth or within 30 days of the discovery that the mother committed fraud in concealing her pregnancy or the birth, whichever is greater, has not made efforts to acknowledge or establish his paternity and formed or attempted to form a relationship with the child. Repeals the following grounds for termination: current subsection (a)(3), placement of the juvenile with the department, a licensed child placing agency, a child-caring institution, or a foster home, and the parent, being able, willfully failed to pay the reasonable costs of care for six months preceding filing of the petition; current subsection (a)(4), one parent having been awarded custody of the juvenile and the other parent has willfully failed to pay for the care, support, and education of the child as required by decree or agreement for at least one year; and current subsection (a)(5), the father of a juvenile born out of wedlock has failed to establish or legitimate paternity through one of five described actions prior to the filing of the petition or motion.
Amends GS 7B-1114 to allow the parent whose rights have been terminated to file a motion to reinstate the parent's rights (currently limited to the juvenile, the guardian ad litem attorney, or a department with custody of the juvenile), subject to the existing three conditions specified for motions for reinstatement. Makes conforming changes. Enacts new subsection (d1) to require the movant request a pretrial hearing be scheduled within 10 days of filing at a session of court scheduled for juvenile matters. Lists four required considerations the court must make at the pretrial hearing in addition to any other issue that can be properly addressed as a preliminary matter. Requires dismissal of the motion at the pretrial hearing if the court determines the motion does not meet the conditions to file a motion for reinstatement under subsection (a). Specifies that the former parent is a party entitled to department and GAL reports under subsection (f) at least seven days before the preliminary hearing and authorizes the court to order the reports be provided sooner than the statutory mandate.
Applies to actions filed on or after the date the act becomes law.
Section 15
Amends GS 48-3-601, which defines person who must execute consent to an adoption. Changes the time periods within which men who may or may not be the biological father of the minor must take described action in order for his consent to be required for adoption. Among other descriptions, requires consent of men who: (1) have legitimated the minor under the law of any state before the filing of the adoption petition or within three months of the child's birth, whichever is later (previously limited to before the filing of the petition); (2) have acknowledged his paternity of the minor, and is either obligated to support the minor by agreement or court order, has provided or attempted to provide reasonable and consistent payments for support during or after pregnancy or of the minor, or has married or attempted to marry the mother of the minor after the minor's birth but before placement for adoption or mother's relinquishment, either before the filing of the petition, within three months of the child's birth, within 30 days of the discovery that the mother committed fraud in identifying the father or withholding the known identity of the father, or the date of a hearing held under GS 48-2-206, whichever is later (previously, required before the earlier of the filing of the petition or the date of a hearing held under GS 42-2-206); or (3) have received the minor into his home and openly held out the minor as his biological child either before filing the petition or within three months of the child's birth, whichever is later (previously, limited to before filing of the petition). Makes technical and clarifying changes. Effective on the date the act becomes law.
Section 16
Amends GS 122C-142.2 concerning presentation of a juvenile at a hospital for mental health treatment. Changes the definition of a "director" to mean the director of the county department with custody of the juvenile, or their representative (was, the director of the county department in which the juvenile resides). Adds and defines Rapid Response Team to mean a DHHS team of representatives from five identified Divisions of DHHS.
Upon a juvenile in the custody of a county department presenting to a hospital for mental health treatment and present by any means other than an involuntary commitment or effective voluntary admission order, requires the hospital to contact and notify the director of the juvenile's presentment. Requires the director to contact the appropriate LME/MCO or PHP as soon as practicable, not later than 24 hours, after the juvenile's stay in the hospital to request an assessment (previously, required contact within 24 hours of the determination that the juvenile should not remain at the hospital and no appropriate placement is immediately available, to request an assessment). Shortens the time within which the LME/MCO or PHP must arrange for the assessment to within 72 hours following notification from the director (was, within five business days). Adds a new requirement for the hospital to reasonably cooperate with the LME/MCO or PHP to provide access to the juvenile during the juvenile's stay in the hospital. Following the assessment, requires placement, as determined by the director, as soon as practicable and not later than five business days after the recommendation is made (was, within five business days). Adds a new subsection (d1), prohibiting the hospital from releasing the juvenile unless the juvenile meets hospital discharge criteria and either the placement as recommended by the assessment is available, or there is consent of the juvenile or director authorized to consent to treatment pursuant to GS 7B-505.1.
Revises the provisions of subsection (f), regarding required notification of DHHS's Rapid Response Team when the director or LME/MCO or PHP is unable to identify an appropriate available placement after completion of the assessment, or the assessment recommendations differ. Instead requires the director, an LME/MCO or PHP to notify the Rapid Response Team (Team), as defined, if any one of four described circumstances exists, including: (1) the anticipated inability to identify an appropriate available placement or provider; (2) the assessment recommendations differ from the preferences of the individual or director authorized to consent to treatment under GS 7B-505.1 or from services readily available; (3) there are delays in accessing needed behavioral health assessments; or (4) the juvenile has been released in violation of required criteria under new subsection (d1). Organizes disclosure authority into new subsection (f1), and expands the authority to allow LME/MCOs and PHPs, in addition to directors, to disclose confidential information as to the Team. Upon notification, requires the Team to determine if action is necessary to address the immediate needs of the juvenile, and if determined necessary, requires the Team to develop a plan with the LME/MCO or PHP regarding steps to meet the juvenile's treatment needs. Eliminates the previously examples of responses. Requires any plan to include monitoring the plan's implementation.
Enacts new subsection (h) to limit Team meetings to members of the Team and individuals from relevant county departments, LME/MCOs, and PHPs, hospitals, or other individuals or providers that are invited by the Team. Deems meetings not public and all information shared or created at meetings or as response not public record. Bars disclosure or redisclosure of information unless authorized by state or federal law. Enacts new subsection (i), establishing a monthly reporting requirement for LME/MCOs and PHPs, notifying DSS of the number of county department notifications of assessments, the length of time to find placement, and the number of recommendations at each level of care.
Directs DHHS, by April 1, 2026, to consult with hospitals, PHPs, and county departments to develop and distribute uniform guidance on the roles and responsibilities of each entity involved in the delivery of case management services during a juvenile's stay in a hospital. Deems the guidance applicable to any juvenile receiving protective services regardless of custody status. List two required components of the guidance relating to the services offered, visitation, and other contact with the juvenile while staying in the hospital, and communication among entities involving with the juvenile's services, treatment, and placement. Mandates the guidance provide for at least five days' notice of court hearings and appearances related to the juvenile.
Applies to any action pending or filed on or after the date the act becomes law.
Section 17
Cites the section's provisions as "Christal's Law."
Enacts GS 108A-74(a5), granting the Secretary of DHHS authority to: have access to records and information pertaining to any open or closed child welfare case of the department; inquire into and review any county social work practice; or inquire into and review the legal practice of the county or regional department as it pertains to the delivery of child welfare services for a particular child welfare case or all child welfare cases of the department. Provides that the authority may be exercised as part of regular performance monitoring, or in response to complaints to DHHS regarding a juvenile who has been the subject of a report of abuse, neglect, or dependency within the previous 12 months, or a case in which the juvenile or their family was a recipient of child welfare services within the previous 12 months. Directs the Secretary to notify the director in writing, and if the identified concerns are not remedied by the county director within the time frame specified by the Secretary, notify the respective county board of commissioners, the county manager, and the board of social services upon finding violations of state law or rules occurring in any specific case or cases, and direct the director to remedy the violation by taking immediate action as prescribed by the Secretary. Deems no other authorities of the Secretary affected by these provisions. Provides that DHHS is not liable for any claim that arises from a director's failure to comply with any law or rule identified by the Secretary under this statute. Specifies that the statute does not affect legal defenses otherwise available to the county, director, or any other official or employee. Effective on the date the act becomes law.
Section 18
Enacts GS 7B-909.2 authorizing one or both parents of a minor adoptee who is department custody pursuant to an order entered under Subchapter I and the prospective adoptive parent(s) to voluntarily participate in a court-approved mediation program to reach a voluntary mediated po-adoption contact agreement prior to the parent(s) executing a relinquishment. Allows a court with jurisdiction over the juvenile proceeding to make a remediation referral when the department notifies the court it would accept a relinquishment that specifies the prospective adoptive parent(s). Deems a minor parent has legal capacity to enter a post-adoption contact agreement and is legally bound by the agreement and order as if the minor was 18. Directs the Administrative Office of the Courts (AOC) to develop and make available appropriate forms to implement the section. Establishes the district court with jurisdiction over the juvenile proceeding to be the jurisdiction and venue for approval of an agreement. Allows other individuals to participate in the mediation by mutual consent of the relinquishing parent(s) and prospective adoptive parent(s) but clarifies that these individuals are not parties to the agreement and should not receive copies of the agreement. Provides for confidentiality of mediation proceedings and does not render evidence that would otherwise be admissible at trial inadmissible as a result of its use in mediation. Mandates that there be no record of any mediation proceedings under the section other than the agreement and directs the mediator to destroy all of their notes immediately after the mediation.
Requires the court review the agreement within two business days of when the agreement is signed to determine whether the agreement should be incorporated into a court order. Lists requirements for an agreement to be approved by the court, including described signatures or affidavits and statements of the parties. Limits approval to written agreements executed prior to or as part of the relinquishment. Upon approval, requires the court to enter the agreement and order and instruct the clerk to treat the order as an initiation of a civil custody action. Details requirements for civil captions and filing fees. Provides that the agreement and order constitute a custody determination and any motion to enforce, modify, or terminate the order must be filed in the civil action pursuant to new GS 7B-909.3. Authorizes AOC to adopt implementing rules and forms. Terminates an agreement and order on the date the adoptee becomes 18 or is otherwise emancipated.
Enacts GS 7B-909.3 allowing a party to an agreement and order to terminate an agreement by filing a motion in the civil action. Requires issues set forth in the motion to be set for mediation unless the court waives mediation for good cause. Deems an order modifying, enforcing, or terminating terms of an agreement the sole remedies for breach of the agreement. Specifies the parties to the proceeding and bars intervening parties. Allows parties to be represented by counsel at their own expense. Provides for modification if the court finds by a preponderance of the evidence modification of the agreement is in the best interests of the child. Lists permitted modifications of the agreement and bars any modification from serving to expand, enlarge, or increase the amount of contact between the former parent and the child. Permits courts to impose appropriate sanctions, including issuance of a restraining order, so long as exercised consistent with the section. Allows courts to award attorneys' fees and costs to a prevailing party where the court finds the action was wholly insubstantial, frivolous, and not made in good faith. There is no right to appeal an order entered under the section. Specifies that the section does not abrogate the rights of the adoptive parent(s) to make decisions on behalf of the child outside of the court-approved agreement and order.
Enacts GS 50-13.2B establishing that a former parent and adoptive parent who are parties to a post-adoption contact agreement and order entered under GS 7B-909.2 are governed by GS 7B-909.3 concerning modification, enforcement, and termination of those agreements and orders.
Makes the following changes to GS Chapter 48 concerning adoptions.
Amends GS 48-1-101 to define post-adoption contract agreement and order.
Amends GS 48-1-106 to authorize former parents to exercise rights established in a post-adoption contact agreement and order.
Amends GS 48-2-100 to grant the district court jurisdiction over post-adoption contact agreements and orders.
Amends GS 48-2-305 to require a petitioner for adoption to file a certified copy of any post-adoption contact agreement and order entered pursuant to GS 7B-909.2, if applicable.
Excludes post-adoption contact agreement and order from the scope of GS 48-3-610 (Collateral agreements).
Amends GS 48-3-702 to require the individual before whom a relinquishment is signed to certify that an original or copy of the post-adoption contact agreement and order has been given to the parent, guardian, or minor to be adopted executing the relinquishment.
Amends GS 48-3-703 and GS 48-3-705, regarding the mandatory provisions of relinquishment and their consequences, to exclude rights and duties contained in a post-adoption contact agreement and order from termination.
Amends GS 48-3-706, establishing that if any person is a party to the post-adoption contact agreement and revokes the relinquishment, or the relinquishment is rescinded, set aside, or voided, the post-adoption contact agreement and order are void.
Section 19
Amends GS 7B-323, which allows for judicial review a director's determination of abuse or serious neglect and identification of a responsible individual upon the identified individual filing a petition for review. Now allows for review if less than one year has passed since the person's placement on the responsible individuals list and if the review serves the interest of justice or for other good cause (previously, permitted review at any time if the review serves the interests of justice or for extraordinary circumstances).
Enacts GS 7B-325 to allow a person whose name has been placed on the responsible individuals list to file a petition for expungement if one of three conditions is satisfied: (1) one year has passed since placement without judicial review, though eligible; (2) at least three years have passed since placement after judicial review; or (3) at least five years have passed since the person, who was criminally convicted for the same incident completed their sentence, complied with all post-release conditions and has subsequently not been convicted of any offense other than a traffic violation. Disqualifies persons whose conviction related to sexual abuse of a child, human trafficking, or a child fatality related to abuse or neglect. Details procedures related to the petition, including requiring filing with the district court in the county in which the abuse or serious neglect report arose; notifying the director of that county; maintaining a separate docket for these actions; and calendaring the matter for hearing within 45 days or at the next session of juvenile court. Requires closing the hearing at the request of a party. Provides for evidence the court may consider. Requires the hearing to be before a judge and without a jury. Establishes preponderance of the evidence as the standard of proof and permits the court to consider any evidence the court finds to be relevant, reliable, and necessary. States preserved rights of the parties. Lists factors the court must consider in determining whether to grant the petition, including the nature of the offense and the amount of time since placement on the list. Authorizes the court to grant the petition upon finding, by clear and convincing evidence, that there is little likelihood that the petitioner will be a future perpetrator of child abuse or neglect. Requires the court to enter the order within 30 days of the hearing. If granted, the court must order the director to expunge the individual's name from the responsible individuals list.
Section 20
Amends GS 7B-305, providing a person making a report of abuse or neglect five working days to notify the constituent concern line at the Division (was, notify the prosecutor) that the person is requesting review. Makes conforming changes by assigning related responsibilities to the Division instead of the prosecutor.
Amends GS 7B-306 by requiring the Division, instead of the prosecutor, to review the determination that a petition should not be filed within 20 days after receiving a request for review (was, 20 days after the person making the report is notified). Amends the action that can be taken after review to include directing the director to take a specific action to provide protective services.
Makes conforming changes to GS 7B-308.
Section 21
Amends GS 50-13.10 to specify that a child support payment or the relevant portion thereof is not past due and no arrearage accrues for foster care assistance owed to the State by the supporting party during any period when the child is placed in the custody of a department.
Enacts GS 110-135.1 to require the following upon motion by either party and a showing that the child has been placed in department custody: (1) suspension of the obligor's child support obligation, if owed to the State, during any period when the child is placed in the custody of a department and (2) reduction of any foster care assistance arrears owed to the State for past paid foster care assistance to zero. Specifies that the statute does not create a debt owed to the obligor.
Section 22
Provides that the act applies to actions pending or filed on or after October 1, 2025, except as otherwise provided.