Section 1.(a)
Reserves GS 108A-50.3 through GS 108A-50.9 for future codification purposes.
Section 1.(b)
Amends GS 108A-24. Defines division as the Division of Social Services of the Department of Health and Human Services.
Section 1.(c)
Amends GS Chapter 108A, Article 2, adding new Part 4A, titled Kinship 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 that is 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 that is 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.
All parts of this section are effective July 1, 2025.
Section 2
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.

Statutes affected:
Filed: 108A-24
Edition 1: 108A-24