FILED SENATE
Apr 5, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 625
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS15261-NB-73
Short Title: Child Welfare, Safety and Permanency Reforms. (Public)
Sponsors: Senators Krawiec, Jarvis, and Batch (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS AFFECTING JUVENILES AND
3 ASSOCIATED SERVICES.
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 (13a) Judicial official. – A magistrate, clerk, judge, or justice of the General Court
11 of Justice.
12 …
13 (14a) Legal counsel for department. – An attorney representing the department in
14 proceedings under this Subchapter, regardless of whether the attorney is a
15 county attorney, department attorney, or contract attorney.
16 …."
17 SECTION 1.(b) This section is effective when it becomes law.
18 SECTION 2.(a) G.S. 7B-302 reads as rewritten:
19 "§ 7B-302. Assessment by director; military affiliation; access to confidential information;
20 notification of person making the report.
21 …
22 (c) If the assessment indicates that abuse, neglect, or dependency has occurred, the
23 director shall decide whether immediate removal of the juvenile or any other juveniles in the
24 home is necessary for their protection. If immediate removal does not seem necessary, the
25 director shall immediately provide or arrange for protective services. If the parent, guardian,
26 custodian, or caretaker refuses to accept the protective services provided or arranged by the
27 director, the director shall sign a petition prepared by the legal counsel for the department seeking
28 to invoke the jurisdiction of the court for the protection of the juvenile or juveniles.
29 (d) If immediate removal seems necessary for the protection of the juvenile or other
30 juveniles in the home, the director shall sign a petition prepared by the legal counsel for the
31 department that alleges the applicable facts to invoke the jurisdiction of the court. Where the
32 assessment shows that it is warranted, a protective services worker may assume temporary
33 custody of the juvenile for the juvenile's protection pursuant to Article 5 of this Chapter.
34 …."
35 SECTION 2.(b) G.S. 7B-303 reads as rewritten:
36 "§ 7B-303. Interference with assessment.
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1 (a) If any person obstructs or interferes with an assessment required by G.S. 7B-302, the
2 director may file a petition prepared by the legal counsel for the department naming that person
3 as respondent and requesting an order directing the respondent to cease the obstruction or
4 interference. The petition shall contain the name and date of birth and address of the juvenile
5 who is the subject of the assessment; shall include a concise statement of the basis for initiating
6 the assessment, shall specifically describe the conduct alleged to constitute obstruction of or
7 interference with the assessment; and shall be verified.
8 …
9 (c) Upon filing of the petition, the court shall schedule a hearing to be held not less than
10 five days after service of the petition and summons on the respondent. Service of the petition and
11 summons and notice of hearing shall be made as provided by the Rules of Civil Procedure on the
12 respondent; the juvenile's parent, guardian, custodian, or caretaker; and any other person
13 determined by the court to be a necessary party. If at the hearing on the petition the court finds
14 by clear, cogent, clear and convincing evidence that the respondent, without lawful excuse, has
15 obstructed or interfered with an assessment required by G.S. 7B-302, the court may order the
16 respondent to cease such obstruction or interference. The burden of proof shall be on the
17 petitioner.
18 …."
19 SECTION 2.(c) G.S. 7B-403 reads as rewritten:
20 "§ 7B-403. Receipt of reports; filing of petition.
21 (a) All reports concerning a juvenile alleged to be abused, neglected, or dependent shall
22 be referred to the director of the department of social services for screening. Thereafter, if it is
23 determined by the director that a report should be filed as a petition, the petition shall be drawn
24 prepared by the director, legal counsel for the department, signed by the director, and verified
25 before an official authorized to administer oaths, and filed by the clerk, recording the date of
26 filing.
27 (b) A decision of the director of social services not to file a report as a petition shall be
28 reviewed by the prosecutor if review is requested pursuant to G.S. 7B-305."
29 SECTION 2.(d) This section becomes effective on January 1, 2024.
30 SECTION 3.(a) Article 3 of Subchapter I of Chapter 7B of the General Statutes is
31 amended by adding a new section to read:
32 "§ 7B-302.1. Conflicts of interest.
33 (a) A conflict of interest shall exist when the reported abuse, neglect, or dependency
34 involves any of the following:
35 (1) An employee of the county department of social services.
36 (2) A relative of an employee of the child welfare division of the county
37 department of social services.
38 (3) A relative of an employee of the county department of social services outside
39 of the child welfare division when, in the professional judgment of the
40 director, the county department of social services has a conflict of interest.
41 (4) A foster parent supervised by the county department of social services.
42 (5) The county manager, an assistant county manager, a member of the Board of
43 County Commissioners, or a member of the county's governing board for
44 social services, as defined in G.S. 108A-1.
45 (6) A caretaker in a sole-source contract group home.
46 (7) A juvenile's parent, guardian, custodian, or caretaker who has been
47 determined to be an incompetent adult and subject to guardianship under
48 Chapter 35A of the General Statutes and is a ward, as defined in
49 G.S. 35A-1101, of that county department of social services.
50 (8) A juvenile in the custody of the department who is also a parent or caretaker.
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1 (9) A juvenile who is subject to a new report of abuse or neglect arising from
2 events that occurred while in the custody of the department.
3 (10) A perceived conflict of interest that is identified through the professional
4 judgment of the director of the county department of social services.
5 (b) The director of the county department of social services that receives the report where
6 the conflict exists shall request that another county department conduct the assessment. The
7 director shall notify the Division of Social Services of the Department of Health and Human
8 Services of the conflict of interest and the county that accepted the report for assessment.
9 (c) If the director makes requests of two or more other counties, and if no other county is
10 willing or able to accept the case for assessment, then the county director where the conflict exists
11 shall notify the Division of Social Services of the Department of Health and Human Services.
12 The Division shall evaluate the conflict and make the following determinations:
13 (1) Whether the county with the case conflict is able to manage the case by
14 implementing measures to sufficiently obviate the conflict.
15 (2) If the Division determines the conflict cannot be managed in the county that
16 receives the report, the Division shall appoint another county department that
17 shall assume management of the case.
18 (3) The Division shall determine which county should bear the financial
19 responsibility of the case when another county is appointed to manage the
20 case.
21 (d) The county department of social services with the conflict of interest shall inform, in
22 writing, the parent, guardian, custodian, or caretaker of the conflict and the county that assumes
23 the management of the case. The written notice shall include the contact information for the
24 complaint line at the Division of Social Services of the Department of Health and Human
25 Services.
26 (e) If the county department of social services has a conflict of interest at the time of the
27 report or any time while managing the case and the county department of social services does not
28 refer the case to another county, a parent, guardian, custodian, caretaker, juvenile, or their
29 representative may seek to have the case transferred to another county by contacting the
30 complaint line at the Division of Social Services of the Department of Health and Human
31 Services, and the Division of Social Services shall apply this section."
32 SECTION 3.(b) G.S. 7B-400(c) reads as rewritten:
33 "(c) For good cause, the court may grant a motion for a change of venue before
34 adjudication. A pre-adjudication change of venue shall not affect the identity of the
35 petitioner.petitioner, unless a conflict of interest arising under G.S. 7B-302.1 necessitates a
36 substitution of parties."
37 SECTION 4. G.S. 7B-401.1 reads as rewritten:
38 "§ 7B-401.1. Parties.
39 …
40 (e1) Foster Parent. – A foster parent as defined in G.S. 131D-10.2(9a) providing foster
41 care for the juvenile is not a party to the case and may be allowed to intervene only if the foster
42 parent has authority to file a petition to terminate the parental rights of the juvenile's parents
43 pursuant to G.S. 7B-1103.
44 …
45 (h) Intervention. – Except as provided in G.S. 7B-1103(b) and subsection (e1) of this
46 section, G.S. 7B-1103(b), the court shall not allow intervention by a person who is not the
47 juvenile's parent, guardian, or custodian, but custodian. The court may allow intervention by (i)
48 a current caretaker or current foster parent, as defined in G.S. 131D-10.2(9a), providing care for
49 the juvenile only if the current caretaker or current foster parent has authority to file a petition to
50 terminate the parental rights of the juvenile's parents under G.S. 7B-1103, or (ii) another county
51 department of social services that has an interest in the proceeding. This section shall not prohibit
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1 the court from consolidating a juvenile proceeding with a civil action or claim for custody
2 pursuant to G.S. 7B-200.
3 …."
4 SECTION 5.(a) G.S. 7B-502 reads as rewritten:
5 "§ 7B-502. Authority to issue custody orders; delegation.
6 (a) In the case of any juvenile alleged to be within the jurisdiction of the court, the court
7 may order that the juvenile be placed in nonsecure custody pursuant to criteria set out in
8 G.S. 7B-503 when custody of the juvenile is necessary. The order for nonsecure custody may be
9 entered ex parte. Unless the petition is being filed pursuant to G.S. 7B-404, telephonic
10 communication that the department will be seeking nonsecure custody shall be given to counsel,
11 or if unavailable, to a partner or employee at the attorney's office when any of the following
12 occur:
13 (1) The department has received written notification that a respondent has counsel
14 for the juvenile matter.
15 (2) The respondent is represented by counsel in a juvenile proceeding within the
16 same county involving another juvenile of the respondent.
17 Notice is not required to provisional counsel appointed pursuant to G.S. 7B-602.
18 (b) Any district court judge shall have the authority to issue nonsecure custody orders
19 pursuant to G.S. 7B-503. G.S. 7B-503, once the action is commenced with the filing of a juvenile
20 petition under G.S. 7B-405. The chief district court judge may delegate the court's authority to
21 persons other than district court judges any magistrate by administrative order which shall be
22 filed in the office of the clerk of superior court. The administrative order shall specify which
23 persons shall be contacted for approval of a nonsecure custody order pursuant to
24 G.S. 7B-503.Each county shall have available at all times a judge or delegated magistrate with
25 whom the department may file a juvenile petition in order to seek nonsecure custody of a juvenile
26 or juveniles."
27 SECTION 5.(b) This section is effective when it becomes law.
28 SECTION 6.(a) G.S. 7B-506 reads as rewritten:
29 "§ 7B-506. Hearing to determine need for continued nonsecure custody.
30 (a) No juvenile shall be held under a nonsecure custody order for more than seven
31 calendar days without a hearing on the merits or a hearing to determine the need for continued
32 custody. A hearing on nonsecure custody conducted under this subsection may be continued for
33 up to 10 business days with the consent of the juvenile's parent, guardian, custodian, or caretaker
34 and, if appointed, the juvenile's guardian ad litem. In addition, the court may require the consent
35 of additional parties or may schedule the hearing on custody despite a party's consent to a
36 continuance. In every case in which an order has been entered by an official a magistrate
37 exercising authority delegated pursuant to G.S. 7B-502, a hearing to determine the need for
38 continued custody shall be conducted on the day of the next regularly scheduled session of district
39 court in the city or county where the order was entered if such session precedes the expiration of
40 the applicable time period set forth in this subsection: Provided, that if such session does not
41 precede the expiration of the time period, the hearing may be conducted at another regularly
42 scheduled session of district court in the district where the order was entered.
43 …."
44 SECTION 6.(b) This section is effective when it becomes law.
45 SECTION 7.(a) G.S. 7B-508 reads as rewritten:
46 "§ 7B-508. Telephonic communication authorized.
47 All communications, notices, orders, authorizations, and requests authorized or required by
48 G.S. 7B-501, 7B-503, and 7B-504 may be made by telephone when other means of
49 communication are impractical. A copy of the petition shall be provided to the judge or magistrate
50 who is delegated authority by G.S. 7B-502 by any appropriate secure method, including hand
51 delivery, fax, or encrypted electronic means. All written orders pursuant to telephonic
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1 communication shall bear the name and the title of the person communicating by telephone,
2 requesting and receiving telephonic approval, the name and title of the judge or magistrate
3 approving the initial nonsecure custody order, the signature and the title of the judicial official
4 entering the order, and the hour and the date of the authorization."
5 SECTION 7.(b) This section is effective when it becomes law.
6 SECTION 8. G.S. 7B-600 reads as rewritten:
7 "§ 7B-600. Appointment of guardian.
8 …
9 (b) In any case where the court has determined that the appointment of a relative or other
10 suitable person as guardian of the person for a juvenile is the permanent plan for the juvenile and
11 appoints a guardian under this section, the guardian becomes a party to the proceeding. The court
12 may appoint co-guardians of the juvenile. The court may terminate the permanent guardianship
13 only if (i) the court finds that the relationship between the guardian and the juvenile is no longer
14 in the juvenile's best interest, (ii) the guardian is unfit, (iii) the guardian has neglected a guardian's
15 duties, or (iv) the guardian is unwilling or unable to continue assuming a guardian's duties.duties,
16 or (v) the circumstances of subsection (b2) of this section apply.
17 …
18 (b2) When co-guardians have been appointed as the permanent plan for the juvenile and
19 the relationship between the permanent co-guardians dissolves, any party may file a motion under
20 G.S. 7B-906.1. The court shall consider the needs of the juvenile and enter an or