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, TO EXPAND GUARDIANSHIP ASSISTANCE PROGRAM ELIGIBILITY TO YOUTH TEN YEARS OF AGE, TO ALLOW A JUDGE TO ISSUE A PERMANENT NO CONTACT ORDER AGAINST A DEFENDANT CONVICTED OF CERTAIN VIOLENT OFFENSES, TO PROVIDE THAT IT IS FELONY CHILD ABUSE FOR ANY PERSON PROVIDING CARE TO OR SUPERVISION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE TO COMMIT OR ALLOW THE COMMISSION OF A SEXUAL ACT UPON THE CHILD, AND TO PROVIDE THAT COUNTIES AND CITIES REQUIRE CRIMINAL HISTORY RECORD CHECKS FOR APPLICANTS OFFERED A POSITION IF THE POSITION REQUIRES THE APPLICANT TO WORK WITH CHILDREN IN ANY CAPACITY.Intro. by Chesser, Bell, Loftis, Alston.
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Bill summary
House amendment make the following changes to the 2nd edition.
Changes the procedure for review under GS 7B-305 and GS 7B-306, set forth in Section 20, concerning a determination by a director of a county department of social services (department) that a juvenile petition should not be filed after a report is made alleging a child to be abused, neglected, or dependent. Now provides that the person making the report can request a review of the director’s determination by notifying the prosecutor or constituent concern line at the Division of Social Services of the Department of Health and Human Services (Division) (was, the constituent concern line of the Division only in the previous edition, and the prosecutor only under current law). Specifies that the person making the report can request a review from both the prosecutor and the Division. Requires the prosecutor and the Division to conduct a review when a request is made to either or both agencies, and requires the agency that receives the request to notify the other agency within two business days of receipt that a request has been made. Permits the agencies to conduct an independent or shared review and allows for consultation between agencies as part of the review. Makes the permitted actions applicable to either agency at the conclusion of the review. Specifies that when either agency directs that a petition be filed, the director must file the petition. Maintains the previously proposed change to allow the Division to direct the director to take a specific action to provide protective services.
Makes conforming changes to the captions for GS 7B-305 and GS 7B-306. Makes further conforming changes to GS 7B-101 in Section 1 (to maintain the existing defined term “prosecutor”); GS 7B-302 and GS 7B-403 in Section 3 (concerning notice to request a review of a director's determination not to file a petition following an assessment); and GS 7B-308 in Section 20 (relating to authority of medical professionals to retain custody of a juvenile suspected of being abused where notification to the department is treated as a report and the review procedures of GS 7B-305 and GS 7B-306 apply).
Modifies the proposed changes in Section 13 to GS 7B-906.2 with regard to permanency planning. Changes the criteria that trigger the requirement for the department to file a motion for a hearing prior to any change in placement for a juvenile who is not being reunified with a parent, guardian, or custodian. Now includes that the court-ordered primary or secondary permanent plan is adoption (was, primary plan of adoption only).
Modifies the proposed changes to GS 7B-1111(a)(1) in Section 14 regarding the termination of parental rights (TPR) based on the ground of neglect. Now specifies that the ground of neglect exists when a biological or possible biological father of a child born out of wedlock has not made efforts to acknowledge or establish his paternity of the child and formed or attempted to form a relationship with the child within three months of the child's birth. Eliminates the proposed alternative that, if later than three months after the child's birth, the ground of neglect existed when a biological or possible biological father had not taken those described actions within 30 days of discovery that the mother committed fraud in concealing her pregnancy or the child’s birth.
Further modifies the proposed changes to GS 7B-1111. Maintains the following existing grounds to TPR which were eliminated in the previous edition: (a)(3) (where the juvenile has been placed outside the home and has willfully failed to pay a reasonable portion of the cost of care for the juvenile for a continuous period of six months immediately preceding the TPR petition or motion); (a)(4) (where one parent has been awarded custody by judicial decree or custody agreement and the other parent whose rights are sought to be terminated has willfully failed to pay for the juvenile’s care, support, and education, without justification, for a period of one year of more next preceding the filing of the TPR petition or motion); and (a)(5) (where the father of a child born out of wedlock has not taken any of the five actions with regard to the child prior to the filing of the TPR petition or motion).
Modifies the proposed changes in Section 15 to GS 48-3-601(a)(2)b.4. regarding required consent for adoption by a man who has acknowledged paternity of the minor and meets one of three specified criteria. Changes the time period within which the acknowledgement of paternity must be made to before the filing of the petition, within three months of the child’s birth, or before the date of the hearing under GS 48-2-206, whichever occurs later (previously also included within 30 days of the discovery that the mother committed fraud in identifying the father or withholding identity of the father, if later).
Changes new GS 108A-74(a5) concerning the authority of the Secretary of the Department of Health and Human Services (Secretary; DHHS) to monitor department performance with regard to child welfare services. Adds new requirements for the Secretary, upon finding violations of State law or applicable rules occurring in any specific case or cases, to provide the director written notice of the violations, a directive to remedy the violations pursuant to applicable law or rules, and the timeframe within which the violations must be remedied.
Amends new GS 7B-325 in Section 19 regarding the alternative qualifications to petition for expungement from the responsible individuals list (RIL). Now allows an individual to file a petition under subdivision (a)(1) if at least five years (was, three years) has passed since placement on the responsible individuals list without judicial review, though eligible for review. Changes the criteria under subdivision (a)(3) to allow a person to petition eight years (was, five years) after the person completes a criminal sentence resulting from the incident that placed the person on the RIL so long as the person has complied with all post-release conditions and has not been subsequently convicted of any crime other than a traffic violation. Bars eligibility to petition for expungement of the person's name from the RIL (rather than expungement) under subdivision (a)(3) if the person's conviction is related to sexual abuse of a child, human trafficking, or a child fatality related to abuse or neglect.
Adds new Section 21.5, enacting GS 48-3-611 to allow a biological or possible biological father to seek specified legal action when he is prevented from taking any action necessary to prevent the termination of his parental rights under GS 7B-1111(a) or that would have caused his consent to an adoption to be required under GS 48-3-601(a) due to the mother either (1) committing fraud in identifying the father or withholding the known identity of the father, or (2) concealing her pregnancy or the child's birth. Lists the actions permitted under the statute, including restoration of his parental rights, setting aside the adoption, grant of custody or visitation with the child through a GS Chapter 50 action, or an injunction of any pending action to TPR or finalize an adoption. Requires the biological father or possible biological father seek any action permitted under the statute within 30 days of discovering the mother's described fraud or concealment. Establishes required determinations a court must make to set aside an adoption, restore parental rights, or award custody or visitation as a result of an action taken by a biological father under the section, including that (1) the remedy would be in the best interest of the child, and (2) the petitioner is the biological father of the child.