H.B. 132
GENERAL ASSEMBLY OF NORTH CAROLINA
Feb 23, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40100-NB-69
Short Title: Juvenile Code Rev's/CIP Recommendations.-AB (Public)
Sponsors: Representative Stevens.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE REVISIONS TO THE JUVENILE CODE PURSUANT TO
3 RECOMMENDATIONS BY THE COURT IMPROVEMENT PROGRAM.
4 The General Assembly of North Carolina enacts:
5 SECTION 1.(a) G.S. 7B-101 reads as rewritten:
6 "§ 7B-101. Definitions.
7 As used in this Subchapter, unless the context clearly requires otherwise, the following words
8 have the listed meanings:
9 …
10 (18) Reasonable efforts. – The diligent use of preventive or reunification services
11 by a department of social services when a juvenile's remaining at home or
12 returning home is consistent with achieving a safe, permanent home for the
13 juvenile within a reasonable period of time. If a court of competent jurisdiction
14 determines that the juvenile is not to be returned home, then reasonable efforts
15 means the diligent and timely use of permanency planning services by a
16 department of social services to develop and implement a permanent plan for
17 the juvenile.
18 (18a) Relative. – An individual directly related to the juvenile by blood, marriage,
19 or adoption, including a grandparent, sibling, aunt, or uncle.
20 (18a)(18b) Responsible individual. – A parent, guardian, custodian, caretaker, or
21 individual responsible for subjecting a juvenile to human trafficking under
22 G.S. 14-43.11, 14-43.12, or 14-43.13, who abuses or seriously neglects a
23 juvenile.
24 (18b)(18c) Return home or reunification. – Placement of the juvenile in the home of either
25 parent or placement of the juvenile in the home of a guardian or custodian
26 from whose home the child was removed by court order.
27 …."
28 SECTION 1.(b) G.S. 7B-1001 reads as rewritten:
29 "§ 7B-1001. Right to appeal.
30 (a) In a juvenile matter under this Subchapter, only the following final orders may be
31 appealed directly to the Court of Appeals:
32 …
33 (5) An order under G.S. 7B-906.2(b) eliminating reunification, as defined by
34 G.S. 7B-101(18b), G.S. 7B-101(18c), as a permanent plan by either of the
35 following:
36 a. A parent who is a party and:
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 General Assembly Of North Carolina Session 2021
1 1. Has preserved the right to appeal the order in writing within 30
2 days after entry and service of the order.
3 2. A termination of parental rights petition or motion has not been
4 filed within 65 days of entry and service of the order.
5 3. A notice of appeal of the order eliminating reunification is filed
6 within 30 days after the expiration of the 65 days.
7 …."
8 SECTION 2. G.S. 7B-302(a1) reads as rewritten:
9 "(a1) All information received by the department of social services, including the identity
10 of the reporter, shall be held in strictest confidence by the department, except under the following
11 circumstances:
12 …
13 (2) The information may be examined upon request by the juvenile's guardian ad
14 litem or the juvenile, including a juvenile who has reached age 18 or been
15 emancipated.emancipated is authorized to review the record and request all or
16 part of the record unless prohibited by federal law. The department shall
17 provide electronic or written copies of the requested information within a
18 reasonable period of time.
19 …."
20 SECTION 3. G.S. 7B-505 is amended by adding a new subsection to read:
21 "(a1) If juvenile siblings are removed from the home and placed in the nonsecure custody
22 of a county department of social services, the director shall make reasonable efforts to place the
23 juvenile siblings in the same home. The director is not required to make reasonable efforts under
24 this subsection if the director documents that placing the juvenile siblings would be contrary to
25 the safety or well-being of any of the juvenile siblings. If, after making reasonable efforts, the
26 director is unable to place the juvenile siblings in the same home, the director shall make
27 reasonable efforts to provide frequent sibling visitation and ongoing interaction between the
28 juvenile siblings, unless the director documents that frequent visitation or other ongoing
29 interaction between the juvenile siblings would be contrary to the safety or well-being of any of
30 the juvenile siblings."
31 SECTION 4. G.S. 7B-602 reads as rewritten:
32 "§ 7B-602. Parent's right to counsel; guardian ad litem.
33 (a) In cases where the juvenile petition alleges that a juvenile is abused, neglected, or
34 dependent, the parent has the right to counsel and to appointed counsel in cases of indigency
35 unless that person waives the right. When a petition is filed alleging that a juvenile is abused,
36 neglected, or dependent, the clerk shall appoint provisional counsel for each parent named in the
37 petition in accordance with rules adopted by the Office of Indigent Defense Services and
38 Services, shall indicate the appointment on the juvenile summons or attached notice. notice, and
39 shall provide a copy of the petition and summons or notice to the attorney. At the first hearing,
40 the court shall dismiss the provisional counsel if the respondent parent:
41 (1) Does not appear at the hearing;
42 (2) Does not qualify for court-appointed counsel;
43 (3) Has retained counsel; or
44 (4) Waives the right to counsel.
45 The court shall confirm the appointment of counsel if subdivisions (1) through (4) of this
46 subsection are not applicable to the respondent parent.
47 The court may reconsider a parent's eligibility and desire for appointed counsel at any stage
48 of the proceeding.
49 …."
50 SECTION 5. G.S. 7B-901(d) reads as rewritten:
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1 "(d) When the court determines that reunification efforts are not required, the court shall
2 order a concurrent permanent plan plans as soon as possible, after providing each party with a
3 reasonable opportunity to prepare and present evidence. The court shall schedule a permanency
4 planning hearing within 30 days to address the permanent plans in accordance with
5 G.S. 7B-906.1 and G.S. 7B-906.2."
6 SECTION 6. G.S. 7B-903.1 is amended by adding a new subsection to read:
7 "(c1) If juvenile siblings are removed from the home and placed in the nonsecure custody
8 of a county department of social services, the director shall make reasonable efforts to place the
9 juvenile siblings in the same home. The director is not required to make reasonable efforts under
10 this subsection if the director documents that placing the juvenile siblings would be contrary to
11 the safety or well-being of any of the juvenile siblings. If, after making reasonable efforts, the
12 director is unable to place the juvenile siblings in the same home, the director shall make
13 reasonable efforts to provide frequent sibling visitation and ongoing interaction between the
14 juvenile siblings, unless the director documents that frequent visitation or other ongoing
15 interaction between the juvenile siblings would be contrary to the safety or well-being of any of
16 the juvenile siblings."
17 SECTION 7. G.S. 7B-904 reads as rewritten:
18 "§ 7B-904. Authority over parents of juvenile adjudicated as abused, neglected, or
19 dependent.
20 …
21 (b) At the dispositional hearing or a subsequent hearing if the court finds that it is in the
22 best interests of the juvenile for the parent, guardian, custodian, stepparent, adult member of the
23 juvenile's household, or adult relative entrusted with the juvenile's care to be directly involved in
24 the juvenile's treatment, the court may order the parent, guardian, custodian, stepparent, adult
25 member of the juvenile's household, or adult relative entrusted with the juvenile's care to
26 participate in medical, psychiatric, psychological, or other treatment of the juvenile. The cost of
27 the treatment shall be paid pursuant to G.S. 7B-903.
28 (c) At the dispositional hearing or a subsequent hearing the court may determine whether
29 the best interests of the juvenile require that the parent, guardian, custodian, stepparent, adult
30 member of the juvenile's household, or adult relative entrusted with the juvenile's care undergo
31 psychiatric, psychological, or other treatment or counseling directed toward remediating or
32 remedying behaviors or conditions that led to or contributed to the juvenile's adjudication or to
33 the court's decision to remove custody of the juvenile from the parent, guardian, custodian,
34 stepparent, adult member of the juvenile's household, or adult relative entrusted with the
35 juvenile's care. If the court finds that the best interests of the juvenile require the parent, guardian,
36 custodian, stepparent, adult member of the juvenile's household, or adult relative entrusted with
37 the juvenile's care undergo treatment, it may order that individual to comply with a plan of
38 treatment approved by the court or condition legal custody or physical placement of the juvenile
39 with the parent, guardian, custodian, stepparent, adult member of the juvenile's household, or
40 adult relative entrusted with the juvenile's care upon that individual's compliance with the plan
41 of treatment. The court may order the parent, guardian, custodian, stepparent, adult member of
42 the juvenile's household, or adult relative entrusted with the juvenile's care to pay the cost of
43 treatment ordered pursuant to this subsection. In cases in which the court has conditioned legal
44 custody or physical placement of the juvenile with the parent, guardian, custodian, stepparent,
45 adult member of the juvenile's household, or adult relative entrusted with the juvenile's care upon
46 compliance with a plan of treatment, the court may charge the cost of the treatment to the county
47 of the juvenile's residence if the court finds the parent, guardian, custodian, stepparent, adult
48 member of the juvenile's household, or adult relative entrusted with the juvenile's care is unable
49 to pay the cost of the treatment. In all other cases, if the court finds the parent, guardian,
50 custodian, stepparent, adult member of the juvenile's household, or adult relative entrusted with
51 the juvenile's care is unable to pay the cost of the treatment ordered pursuant to this subsection,
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1 the court may order that individual to receive treatment currently available from the area mental
2 health program that serves the parent's catchment area.
3 (c1) If the court has ordered an individual to comply with a plan of treatment for substance
4 use disorder, including opioid dependency, that individual shall not be in violation of the terms
5 or conditions of that part of the court's order if he or she is compliant with medication-assisted
6 treatment. For the purposes of this subsection, "medication-assisted treatment" means the use of
7 pharmacological medications administered, dispensed, and prescribed in a SAMHSA-accredited
8 and certified opioid treatment program (OTP) or by a certified practitioner licensed in this State
9 to practice medicine, in combination with counseling and behavioral therapies, to provide a
10 whole patient approach to the treatment of substance use disorders.
11 …."
12 SECTION 8. G.S. 7B-905(b) is repealed.
13 SECTION 9. G.S. 7B-905.1(d) reads as rewritten:
14 "(d) If the court waives permanency planning hearings and retains jurisdiction, all parties
15 shall be informed of the right to file a motion for review of any visitation plan entered pursuant
16 to this section. Upon motion of any party and after proper notice and a hearing, the court may
17 establish, modify, or enforce a visitation plan that is in the juvenile's best interest. Prior to or at
18 the hearing, the court may order the department and guardian ad litem to investigate and make
19 written recommendations as to appropriate visitation and give testimony concerning its
20 recommendations. For resolution of issues related to visitation, the court may order the parents,
21 guardian, or custodian to participate in custody mediation where there is a program established
22 pursuant to G.S. 7A-494. In referring a case to custody mediation, the court shall specify the
23 issue or issues for mediation, including, but not limited to, whether or not visitation shall be
24 supervised and whether overnight visitation may occur. Custody mediation shall not permit the
25 participants to consent to a change in custody. A copy of any agreement reached in custody
26 mediation shall be provided to all parties and counsel and shall be approved by the court. The
27 provisions of G.S. 50-13.1(d) through (f) apply to this section."
28 SECTION 10. G.S. 7B-906.1 reads as rewritten:
29 "§ 7B-906.1. Review and permanency planning hearings.
30 …
31 (n) Notwithstanding other provisions of this Article, the court may waive the holding of
32 hearings required by this section, may require written reports to the court by the agency or person
33 holding custody in lieu of review permanency planning hearings, or order that review
34 permanency planning hearings be held less often than every six months if the court finds by clear,
35 cogent, and convincing evidence each of the following:
36 (1) The juvenile has resided in the placement for a period of at least one year or
37 the juvenile has resided in the placement for at least six consecutive months
38 and the court enters a consent order pursuant to G.S. 7B-801(b1).
39 (2) The placement is stable and continuation of the placement is in the juvenile's
40 best interests.
41 (3) Neither the juvenile's best interests nor the rights of any party require that
42 review permanency planning hearings be held every six months.
43 (4) All parties are aware that the matter may be brought before the court for
44 review at any time by the filing of a motion for review or on the court's own
45 motion.
46 (5) The court order has designated the relative or other suitable person as the
47 juvenile's permanent custodian or guardian of the person.
48 The court may not waive or refuse to conduct a review hearing if a party files a motion
49 seeking the review. hearing. However, if a guardian of the person has been appointed for the
50 juvenile and the court has also made findings in accordance with subsection (n) of this section
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1 that guardianship is the permanent plan for the juvenile, the court shall proceed in accordance
2 with G.S. 7B-600(b).
3 (o) This Permanency planning hearings under this section does not apply to shall be
4 replaced by post termination of parental rights' placement reviews.review hearings when required
5 by G.S. 7B-908."
6 SECTION 11. G.S. 7B-906.2(b) reads as rewritten:
7 "(b) At any permanency planning hearing, the court shall adopt concurrent permanent
8 plans and shall identify the primary plan and secondary plan. Reunification shall be a primary or
9 secondary plan unless the court made findings under G.S. 7B-901(c) or G.S. 7B-906.1(d)(3), the
10 permanent plan is or has been achieved in accordance with subsection (a1) of this section, or the
11 court makes written findings that reunification efforts clearly would be unsuccessful or would be
12 inconsistent with the juvenile's health or safety. The finding that reunification efforts clearly
13 would be unsuccessful or inconsistent with the juvenile's health or safety may be made at any
14 permanency planning hearing. hearing, and if made, shall eliminate reunification as a plan.
15 Unless permanence has been achieved, the court shall order the county department of social
16 services to make efforts toward fin