GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
SESSION LAW 2017-161
HOUSE BILL 362
AN ACT to make various changes to the juvenile laws.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7B‑200(a) is amended by adding a new subdivision to read:
"(a) The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent. This jurisdiction does not extend to cases involving adult defendants alleged to be guilty of abuse or neglect.
The court also has exclusive original jurisdiction of the following proceedings:
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(5a) Proceedings to review the placement of a young adult in foster care pursuant to G.S. 108A‑48 and G.S. 7B‑910.1.
…."
SECTION 2. G.S. 7B‑404 reads as rewritten:
"§ 7B‑404. Immediate need for petition when clerk's office is closed.
(a) When the office of the
clerk is closed, a magistrate may be authorized by the chief district court
judge to draw, verify, and issue petitions as follows:shall accept for
filing the following:
(1) When the director of
the department of social services requests a A petition alleging a
juvenile to be abused, neglected, or dependent, ordependent.
(2) When the director of
the department of social services requests a A petition alleging the
obstruction of or interference with an assessment required by G.S. 7B‑302.
(b) The authority of the
magistrate under this section is limited to emergency situations when a
petition is required in order must be filed to obtain a nonsecure
custody order or an order under G.S. 7B‑303. Any petition issued accepted
for filing under this section shall be delivered to the clerk's office for
processing as soon as that office is open for business."
SECTION 3. G.S. 7B‑405 reads as rewritten:
"§ 7B‑405. Commencement of action.
An action is commenced by the
filing of a petition in the clerk's office when that office is open or by the issuance
acceptance of a juvenile petition by a magistrate when the clerk's
office is closed, which issuance shall constitute filing."
SECTION 4. G.S. 7B‑407 reads as rewritten:
"§ 7B‑407. Service of summons.
The summons shall be served under
G.S. 1A‑1, Rule 4(j) 4, upon the parent, guardian,
custodian, or caretaker, not less than five days prior to the date of the
scheduled hearing. The time for service may be waived in the discretion of the
court.
If service by publication under
G.S. 1A‑1, Rule 4(j1) 4(j1), or service in a foreign
country under Rule 4(j3), is required, the cost of the service by
publication shall be advanced by the petitioner and may be charged as court
costs as the court may direct."
SECTION 5. G.S. 7B‑505 reads as rewritten:
"§ 7B‑505. Placement while in nonsecure custody.
(a) A juvenile meeting the
criteria set out in G.S. 7B‑503 may be placed in nonsecure custody
with the department of social services or a person designated in the order for
temporary residential placement in:in any of the following:
(1) A licensed foster home or
a home otherwise authorized by law to provide such care; orcare.
(2) A facility operated by
the department of social services; orservices.
(3) Any other home or
facility, including a relative's home the home of a parent, relative,
nonrelative kin, or other person with legal custody of a sibling of the juvenile,
approved by the court and designated in the order.
(b) The court shall order
the department of social services to make diligent efforts to notify relatives
and any custodial parents of the juvenile's siblings that the juvenile is in
nonsecure custody and of any hearings scheduled to occur pursuant to G.S. 7B 506,
unless the court finds such notification would be contrary to the best
interests of the juvenile. The court shall order the department of
social services to make diligent efforts to notify relatives and other
persons with legal custody of a sibling of the juvenile that the juvenile is in
nonsecure custody and of any hearings scheduled to occur pursuant to
G.S. 7B 506, unless the court finds the notification would be contrary to
the best interests of the juvenile. In placing a juvenile in nonsecure custody
under this section, the court shall first consider whether a relative of the
juvenile is willing and able to provide proper care and supervision of the
juvenile in a safe home. If the court finds that the relative is willing and
able to provide proper care and supervision in a safe home, then the court
shall order placement of the juvenile with the relative unless the court finds
that placement with the relative would be contrary to the best interests of the
juvenile.
…."
SECTION 6. G.S. 7B‑505.1 reads as rewritten:
"§ 7B‑505.1. Juvenile Consent for medical
care for a juvenile placed in nonsecure custody of a department of social
services.
(a) Unless the court orders otherwise, when a juvenile is placed in the nonsecure custody of a county department of social services, the director may arrange for, provide, or consent to any of the following:
(1) Routine medical and
dental care or treatment.treatment, including, but not limited to,
treatment for common pediatric illnesses and injuries that require prompt
intervention.
…."
SECTION 7. G.S. 7B‑506 reads as rewritten:
"§ 7B‑506. Hearing to determine need for continued nonsecure custody.
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(b) At a hearing to
determine the need for continued custody, the court shall receive testimony and
shall allow the guardian ad litem, or juvenile, and the juvenile's parent,
guardian, custodian, or caretaker parties the right to introduce
evidence, to be heard in the person's own behalf, and to examine witnesses. The
petitioner shall bear the burden at every stage of the proceedings to provide
clear and convincing evidence that the juvenile's placement in custody is
necessary. The court shall not be bound by the usual rules of evidence at such
hearings.
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(g1) The provisions of G.S. 7B‑905.1 shall apply to determine visitation.
…."
SECTION 8. G.S. 7B‑906.1 reads as rewritten:
"§ 7B‑906.1. Review and permanency planning hearings.
(a) In any case where
custody is removed from a parent, guardian, or custodian, the The court
shall conduct a review hearing within 90 days from the date of the initial dispositional
hearing held pursuant to G.S. 7B‑901 and shall conduct a
review hearing within six months thereafter. Within 12 months of the date of
the initial order removing custody, there shall be a review hearing designated
as a permanency planning hearing. Review hearings after the initial permanency
planning hearing shall be designated as subsequent permanency planning
hearings. The subsequent Subsequent permanency planning hearings
shall be held at least every six months thereafter or earlier as set by the
court to review the progress made in finalizing the permanent plan for the
juvenile, or if necessary, to make a new permanent plan for the juvenile.
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(d) At each hearing, the court shall consider the following criteria and make written findings regarding those that are relevant:
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(3) Whether efforts to
reunite the juvenile with either parent clearly would be unsuccessful or
inconsistent with the juvenile's health or safety and need for a safe,
permanent home within a reasonable period of time. The court shall consider
efforts to reunite regardless of whether the juvenile resided with the parent,
guardian, or custodian at the time of removal. If the court determines efforts
would be unsuccessful or inconsistent, the court shall consider other
permanent plans of care for the juvenile pursuant to G.S. 7B‑906.2.schedule
a permanency planning hearing within 30 days to address the permanent plans in
accordance with this section and G.S. 7B‑906.2, unless the
determination is made at a permanency planning hearing.
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(o) This section does not apply to post termination of parental rights' placement reviews."
SECTION 9. G.S. 7B‑908 reads as rewritten:
"§ 7B‑908. Post termination of parental rights' placement court review.
(a) The purpose of each
placement review is to ensure that every reasonable effort is being made to
provide for a permanent placement plan plans for the
juvenile who has been placed in the custody of a county director or licensed
child‑placing agency, which is are consistent with the
juvenile's best interests. At each review hearing the court may consider
information from the department of social services, the licensed child‑placing
agency, the guardian ad litem, the child, the person providing care for the child,
and any other person or agency the court determines is likely to aid in the
review. The court may consider any evidence, including hearsay evidence as
defined in G.S. 8C‑1, Rule 801, that the court finds to be relevant,
reliable, and necessary to determine the needs of the juvenile and the most
appropriate disposition.
(b) The court shall conduct
a placement review not later than six months from the date of the termination
hearing when parental rights have been terminated by a petition or motion brought
by any person or agency designated in G.S. 7B‑1103(2) G.S. 7B‑1103(a)(2)
through (5) (6), or one parent's parental rights have been
terminated by court order and the other parent's parental rights have been
relinquished under Chapter 48 of the General Statutes, and a county
director or licensed child‑placing agency has custody of the juvenile.
The court shall conduct reviews every six months thereafter until the juvenile
is the subject of a decree of adoption:
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(c) The court shall consider at least the following in its review and make written findings regarding the following that are relevant:
(1) The adequacy of the plan
permanency plans developed by the county department of social
services or a licensed child‑placing agency for a permanent placement relative
to in the juvenile's best interests and the efforts of the
department or agency to implement such plan.the plans.
(2) Whether the juvenile has
been listed for adoptive placement with the North Carolina Adoption Resource
Exchange, the North Carolina Photo Adoption Listing Service (PALS), or any
other specialized adoption agency.NC Kids Adoption and Foster Care
Network or any other child‑specific recruitment program or whether there
is an exemption to listing that the court finds is in the child's best
interest.
(3) The efforts previously
made by the department or agency to find a permanent home placement for
the juvenile.
(4) Whether the current placement is in the juvenile's best interest.
(d) The court, after making
findings of fact, shall do one of the following:adopt concurrent
permanent plans and identify the primary and secondary plan in accordance with G.S. 7B‑906.2(a)(2)
through (6). The court may specify efforts that are necessary to accomplish a
permanent placement that is in the best interests of the juvenile.
(1) Affirm the county department's or child‑placing
agency's plans.
(2) If
(d1) If a juvenile is not placed with prospective
adoptive parents as selected in G.S. 7B‑1112.1, order a placement
or different plan the court finds to be in the juvenile's best interest after
considering the department's recommendations.the court may order a
placement that the court finds to be in the juvenile's best interest after
considering the department's recommendations.
In either case, the court may
require specific additional steps that are necessary to accomplish a permanent
placement that is in the best interests of the juvenile.
…."
SECTION 10. G.S. 7B‑910.1(d) read as rewritten:
"(d) The clerk shall give
written notice of the initial and any subsequent review hearings to the young
adult and in foster care and the director of social services at
least 15 days prior to the date of the hearing."
SECTION 11. G.S. 7B‑1106(a) reads as rewritten:
"(a) Except as provided in G.S. 7B‑1105, upon the filing of the petition, the court shall cause a summons to be issued. The summons shall be directed to the following persons or agency, not otherwise a party petitioner, who shall be named as respondents:
(1) The parents of the juvenile. However, a summons does not need to be directed to or served upon any parent who, under Chapter 48 of the General Statutes, has irrevocably relinquished the juvenile to a county department of social services or licensed child‑placing agency or to any parent who has consented to the adoption of the juvenile by the petitioner.
(2) Any person who has been judicially appointed as guardian of the person of the juvenile.
(3) The custodian of the juvenile appointed by a court of competent jurisdiction.
(4) Any county department of social services or licensed child‑placing agency to whom a juvenile has been released by one parent pursuant to Part 7 of Article 3 of Chapter 48 of the General Statutes or any county department of social services to whom placement responsibility for the child has been given by a court of competent jurisdiction.
(5) Repealed by Session Laws 2009‑38, s. 3, effective May 27, 2009.
The summons shall notify the
respondents to file a written answer within 30 days after service of the
summons and petition. Service of the summons shall be completed as provided
under the procedures established by G.S. 1A‑1, Rule 4(j). But the
4. Prior to service by publication under G.S. 1A‑1, the court
shall make findings of fact that a respondent cannot otherwise be served
despite diligent efforts made by petitioner for personal service. The court
shall approve the form of the notice before it is published. The parent of
the juvenile shall not be deemed to be under a disability even though the
parent is a minor."
SECTION 12. G.S. 7B‑2503(1)c. reads as rewritten:
"c. If the director of
the department of social services has received notice and an opportunity to be
heard, place the juvenile in the custody of a department of social services in
the county of the juvenile's residence, or in the case of a juvenile who has
legal residence outside the State, in the physical custody of a department of
social services in the county where the juvenile is found so that agency may
return the juvenile to the responsible authorities in the juvenile's home
state. An order placing a juvenile in the custody or placement responsibility
of a county department of social services shall contain a finding that the juvenile's
continuation in the juvenile's own home would be contrary to the juvenile's
best interest. This placement shall be reviewed in accordance with G.S. 7B‑906.1.
The director may, unless otherwise ordered by the judge, arrange for, provide,
or consent to, needed routine or emergency medical or surgical care or
treatment. In the case where the parent is unknown, unavailable, or unable to
act on behalf of the juvenile or juveniles, the director may, unless otherwise
ordered by the judge, arrange for, provide or consent to any psychiatric,
psychological, educational, or other remedial evaluations or treatment for the
juvenile placed by a judge or the judge's designee in the custody or physical
custody of a county department of social services under the authority of this
or any other Chapter of the General Statutes. Prior to exercising this
authority, the director shall make reasonable efforts to obtain consent from a
parent, guardian, or custodian of the affected juvenile. If the director cannot
obtain consent, the director shall promptly notify the parent, guardian, or
custodian that care or treatment has been provided and shall give the parent,
guardian, or custodian frequent status reports on the circumstances of the
juvenile. Upon request of a parent, guardian, or custodian of the affected
juvenile, the results or records of the aforementioned evaluations, findings,
or treatment shall be made available to the parent, guardian, or custodian by
the director unless prohibited by G.S. 122C‑53(d)."
SECTION 13. G.S. 7B‑2506(1)c. reads as rewritten:
"c. If the director of
the county department of social services has received notice and an opportunity
to be heard, place the juvenile in the custody of the department of social
services in the county of his the juvenile's residence, or in the
case of a juvenile who has legal residence outside the State, in the physical
custody of a department of social services in the county where the juvenile is
found so that agency may return the juvenile to the responsible authorities in
the juvenile's home state. An order placing a juvenile in the custody or
placement responsibility of a county department of social services shall
contain a finding that the juvenile's continuation in the juvenile's own home
would be contrary to the juvenile's best interest. This placement shall be
reviewed in accordance with G.S. 7B‑906.1. The director may,
unless otherwise ordered by the judge, arrange for, provide, or consent to,
needed routine or emergency medical or surgical care or treatment. In the case
where the parent is unknown, unavailable, or unable to act on behalf of the
juvenile or juveniles, the director may, unless otherwise ordered by the judge,
arrange for, provide, or consent to any psychiatric, psychological,
educational, or other remedial evaluations or treatment for the juvenile placed
by a judge or his designee in the custody or physical custody of a county
department of social services under the authority of this or any other Chapter
of the General Statutes. Prior to exercising this authority, the director shall
make reasonable efforts to obtain consent from a parent, guardian, or custodian
of the affected juvenile. If the director cannot obtain consent, the director
shall promptly notify the parent, guardian, or custodian that care or treatment
has been provided and shall give the parent, guardian, or custodian frequent
status reports on the circumstances of the juvenile. Upon request of a parent,
guardian, or custodian of the affected juvenile, the results or records of the
aforementioned evaluations, findings, or treatment shall be made available to
the parent, guardian, or custodian by the director unless prohibited by G.S.
122C‑53(d)."
SECTION 14. G.S. 7B‑3600 reads as rewritten:
"§ 7B‑3600. Judicial authorization of emergency treatment; procedure.
A juvenile in need of emergency treatment under Article 1A of Chapter 90 of the General Statutes, whose physician is barred from rendering necessary treatment by reason of parental refusal to consent to treatment, may receive treatment with court authorization under the following procedure:
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The court's authorization for treatment under this Article shall have the same effect as parental consent for treatment.
Following the court's authorization for treatment and after giving notice to the juvenile's parent, guardian, or custodian the court shall conduct a hearing in order to provide for payment for the treatment rendered. The court may order the parent or other responsible parties to pay the cost of treatment. If the court finds the parent is unable to pay the cost of treatment, the cost shall be a charge upon the county when so ordered.
This Article shall operate as a
remedy in addition to the provisions in G.S. 7B‑903, 7B‑2503,
and 7B‑2506.G.S. 7B‑505.1 and G.S. 7B‑903.1."
SECTION 15. This act becomes effective October 1, 2017.
In the General Assembly read three times and ratified this the 29th day of June, 2017.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 11:40 a.m. this 21st day of July, 2017