Bill Summary for H 612 (2025-2026)

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Summary date: 

Jun 5 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 612 (Public) Filed Monday, March 31, 2025
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

Senate committee substitute to the 3rd edition makes the following changes. Makes conforming changes to the act’s long title.

Reorganizes existing provisions into Parts and renumbers the sections; makes conforming changes.

Part I.

Section 1.3

Moves the changes to GS 7B-305, GS 7B-306, GS 7B-308(b), GS 7B-403(b), and GS 7B-503(b) into Section 1.3 and makes all of those changes, along with changes to GS 7B-303(c) and GS 7B-302, applicable to actions filed on or after October 1, 2025.

Section 1.10

Moves provisions related to legal counsel for the county department of social services that are in GS 7B-101(14a), new GS 7B-604, GS 7B-302(c) and (d), GS 7B-303(a), and GS 7B-403(a) into Section 1.10 of the act and makes all of those changes effective April 1, 2026. Further amends GS 7B-604 by making a clarifying change.

Section 1.11

Amends GS 7B-903.1 to require, when a juvenile is removed from the home and placed in the custody or placement responsibility of a county department of social services (department), the court must find, before unsupervised visitations between the parent, guardian, custodian, or caretaker from whom the juvenile was removed and the juvenile can occur, the court must find that the unsupervised visits are in the juvenile’s best interest. Makes additional clarifying changes.

Section 1.14

Amends GS 7B-1111 as follows. Changes 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 (was, only within three months of the child’s birth), 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.

Section 1.15

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 have acknowledged 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 (previous edition required before the later of the filing of the petition, within three months of the child’s birth, or the date of a hearing held under GS 42-2-206).

Section 1.22

Specifies that unless otherwise provided, Part I is effective October 1, 2025, and applies to all actions pending or filed on after that date.

Removes proposed new GS 48-3-611, parental challenge to consent not necessary for termination of parental rights.

Adds the following new content.

Part II.

Section 2.1

Reserves GS 108A-50.3 through GS 108A-50.9 for future codification purposes.

Section 2.2

Amends GS 108A-24 to define Division as the Division of Social Services of the Department of Health and Human Services.

Section 2.3

Amends GS Chapter 108A, Article 2, adding new Part 4A, titled Guardianship Assistance.

Enacts GS 108A-50.10. Authorizes the Division of Social Services of the Department of Health and Human Services (Division) to provide financial support for eligible children placed into relative guardianship from foster care. Eligibility for kinship guardianship assistance payments (KinGAP) extends until the child is 18 years old if each of the following are true:

(1)   Removal from the child’s home was a result of a voluntary placement agreement or a judicial determination that remaining in the home was contrary to the child’s welfare.

(2)   The child was eligible for foster care maintenance payments pursuant to 42 U.S.C. § 672 while residing for at least six consecutive months in the home of a licensed prospective guardian who is related to the child by blood, marriage, or adoption, or who has a substantial relationship with the child or the child's parent prior to the child being placed in foster care.

(3)   Reunification and adoption have been determined to be inappropriate for the child.

(4)   The child is at least 10 years old and demonstrates a strong attachment to the prospective relative guardian who has a strong commitment to caring for the child permanently.

(5)   At the time of entry into the guardianship agreement, a North Carolina county child welfare agency has placement and care of the child.

(6)   The child, if at least 14 years old, has been consulted regarding the kinship guardianship arrangement.

Authorizes continued KinGAP to anyone 18 years or older who (i) left foster care under a guardianship assistance agreement; (ii) attained 16 years of age before the kinship guardianship assistance agreement became effective; (iii) voluntarily continues to receive guardianship services until reaching 21 years of age; and (iv) is determined by the Division to be (a) completing secondary education or a program leading to an equivalent credential, (b) enrolled in an institution that provides postsecondary or vocational education, (c) participating in a program or activity designed to promote or remove barriers to employment, (d) employed for at least 80 hours per month, or (e) incapable of completing the educational or employment requirements preceding this provision due to a medical condition or disability supported by regularly updated information in the individual’s case plan.

Extends eligibility for KinGAP to a child who is less than 10 years old but whose sibling qualifies for KinGAP if the county child welfare agency and the prospective relative guardian agree on the guardianship arrangement being appropriate for the sibling.

Preserves continued eligibility for KinGAP for an individual whose relative guardian dies or is incapacitated and is replaced by a successor legal guardian identified in the kinship guardianship assistance agreement.

Enacts GS 108A-50.11, titled Guardianship assistance. Authorizes the Division to use State funds allocated for foster care to provide financial support for eligible children who exit foster care into legal guardianship if the Division determines that the following are true:

(1)   The child has attained 10 years of age and demonstrates a strong attachment to the licensed prospective guardian and the prospective guardian has a strong commitment to caring permanently for the child.

(2)   The child is in a permanent family placement setting for at least six consecutive months prior to the execution of the guardianship agreement.

(3)   The prospective guardian is eligible to be appointed as a legal guardian pursuant to GS 7B-600(b).

(4)   The child is unlikely to achieve permanency through reunification or adoption.

(5)   At the time of entry into the guardianship agreement, a North Carolina county child welfare agency has placement and care of the child.

(6)   The child, if at least 14 years old, has been consulted regarding the kinship guardianship arrangement.

Authorizes continued guardianship assistance payments after attaining 18 years of age to anyone who left foster care under a guardianship assistance agreement if the individual (i) attained 16 years of age before the guardianship assistance agreement became effective; (ii) voluntarily continues to receive guardianship services until reaching 21 years of age; and (iii) is determined by the Division to be (a) completing secondary education or a program leading to an equivalent credential, (b) enrolled in an institution that provides postsecondary or vocational education, (c) participating in a program or activity designed to promote or remove barriers to employment, (d) employed for at least 80 hours per month, or (e) incapable of completing the educational or employment requirements preceding this provision due to a medical condition or disability supported by regularly updated information in the individual’s case plan.

Enacts GS 108A-50.12, titled Guardianship assistance agreement. Requires the county child welfare agency to negotiate and enter into a binding guardianship assistance agreement with the prospective guardian of an eligible child and to provide that prospective guardian with a copy of the agreement, in order for payments to be received.

Requires the guardianship agreement to, at a minimum, specify (i) the manner and amount of each anticipated guardianship assistance payment; (ii) how a payment may be adjusted; (iii) additional services and assistance available to the child and guardian under the agreement; (iv) the procedure by which the guardian may apply for additional services; (v) the State will bear the full cost of nonrecurring expenses associated with obtaining legal guardianship of the child, limited to $2,000; and (vi) the agreement remains in effect without regard to the State residency of the guardian.

Enacts GS 108A-50.13, titled Reimbursement for guardians. Sets room and board reimbursement rates for legal and relative guardians under the guardianship assistance program to be the same as those established for foster care under GS 108A-49.1.

The Sections above are effective July 1, 2025.

Section 2.4

Requires the Social Services Commission to adopt temporary rules for the implementation of the act’s provisions, which will remain in effect until permanent rules are adopted in their place.

Part III.

Section 3.1

Amends GS 15A-1340.50 as follows. Amends the definition of permanent no contact order so that it is a permanent injunction that prohibits any contact by a defendant with the victim of the violent offense for which the defendant is convicted, with the victim's immediate family, or both. Expands upon who has a right to be heard at the show cause hearing to include the victim, the victim's immediate family, or both (was, just the victim). Broadens both the scope who the defendant may not contact to include victim’s immediate family, as well as the triggering offenses warranting consideration of imposition of a permanent no contact order by the offender’s sentencing judge so that they are now certain violent offense as follows; in addition to sex offenses requiring registration as a sex offender, adds assault by strangulation under GS 14-32.4 and Class A through G felonies not otherwise covered as “violent offenses” that may warrant permanent no-contact order.  Provides that if the judge determines that reasonable grounds exist for the victim, the victim's immediate family, or both (was, the victim) to fear any future contact with the defendant, the judge must issue the permanent no contact order. Requires that when any member of the victim's immediate family is included in the permanent no contact order, they must be specifically identified. Makes conforming changes to the forms of relief that may be granted in the no contact order by including references to the victim's immediate family. Allows the State, after the issuance of the order and at the victim's request, or upon the defendant's motion, to rescind or modify (was, rescind) the permanent no contact order; allows the order to be rescinded or modified if the court determines that reasonable grounds for the victim, the victim's immediate family, or both, to fear any future contact with the defendant no longer exist. 

Modifies GS 14-318.4 as follows. Broadens the scope of persons who can be prosecuted for Class D felony child abuse to now include any other person providing care or supervision (was, just a legal guardian), in addition to the child's parent, of a child less than 16 years of age and who commits the requisite act. Establishes it as a Class B2 felony if a parent or any other person providing care to or supervision of a child less than 16  years of age who, for the purpose of causing fear, emotional injury, or deriving sexual gratification, intentionally and routinely (1) inflicts physical injury on that child and (2) deprives that child of necessary food, clothing, shelter, or proper physical care. Makes organizational and technical changes.

Applies to offenses committed on or after December 1, 2025.

Specifies that prosecutions for offenses committed before the effective date of the act are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable to those prosecutions.

Part IV.

Directs local governments in GS 153A-94.2 (counties) and GS 160A-164.2 (cities and towns) to require criminal history record checks for applicants who are offered the position for any job that requires the new hire to work with children in any capacity.  Specifies that a conditional offer must be extended pending the results of the criminal history record check. Makes technical corrections.  Applies to applications for employment on or after October 1, 2025.