H.B. 647
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 17, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40350-NB-100
Short Title: Expedite Child Permanency. (Public)
Sponsors: Representative Stevens.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO AMEND VARIOUS ABUSE, NEGLECT, AND DEPENDENCY LAWS TO
3 EXPEDITE PERMANENCY.
4 The General Assembly of North Carolina enacts:
5 SECTION 1.(a) G.S. 7B-100 reads as rewritten:
6 "§ 7B-100. Purpose.
7 This Subchapter shall be interpreted and construed so as to implement the following purposes
8 and policies:
9 …
10 (5) To provide standards, consistent with the Adoption and Safe Families Act of
11 1997, P.L. 105-89, for ensuring that the best interests of the juvenile are of
12 paramount consideration by the court and that when it is not in the juvenile's
13 best interest to be returned home, the juvenile will be placed in a safe,
14 permanent home within a reasonable amount of time.one year from the date
15 of the initial order removing custody."
16 SECTION 1.(b) G.S. 7B-101 reads as rewritten:
17 "§ 7B-101. Definitions.
18 As used in this Subchapter, unless the context clearly requires otherwise, the following words
19 have the listed meanings:
20 …
21 (15) Neglected juvenile. – Any juvenile less than 18 years of age (i) who is found
22 to be a minor victim of human trafficking under G.S. 14-43.15 or (ii) whose
23 parent, guardian, custodian, or caretaker does any of the following:
24 …
25 h. Whose parent, guardian, custodian, or caretaker uses an illegal
26 controlled substance or abuses alcohol or a controlled substance and is
27 unable to care for and provide a safe and appropriate home for the
28 juvenile.
29 In determining whether a juvenile is a neglected juvenile, it is relevant whether
30 that juvenile lives in a home where another juvenile has died as a result of
31 suspected abuse or neglect or lives in a home where another juvenile has been
32 subjected to abuse or neglect by an adult who regularly lives in the home.
33 …."
34 SECTION 1.(c) G.S. 7B-503(a) reads as rewritten:
35 "(a) When a request is made for nonsecure custody, the court shall first consider release
36 of the juvenile to the juvenile's parent, relative, guardian, custodian, or other responsible adult.
*DRH40350-NB-100*
 General Assembly Of North Carolina Session 2023
1 An order for nonsecure custody shall be made only when there is a reasonable factual basis to
2 believe the matters alleged in the petition are true, and any of the following apply:
3 …
4 (7) The juvenile is an infant who was born drug-exposed to alcohol, unlawful
5 controlled substances, or controlled substances used in violation of the law. If
6 the parent is enrolled in and meeting or exceeding the benchmarks of a
7 substance abuse treatment program recommended by a medical provider or a
8 local management entity/managed care organization (LME/MCO), then any
9 alcohol, unlawful controlled substances use, or use of controlled substances
10 in violation of the law shall not be the sole ground for ordering nonsecure
11 custody.
12 A juvenile alleged to be abused, neglected, or dependent shall be placed in nonsecure custody
13 only when there is a reasonable factual basis to believe that there are no other reasonable means
14 available to protect the juvenile. The developmental and attachment needs of the juvenile must
15 be considered in making nonsecure custody determinations. In no case shall a juvenile alleged to
16 be abused, neglected, or dependent be placed in secure custody."
17 SECTION 1.(d) G.S. 7B-505 reads as rewritten:
18 "§ 7B-505. Placement while in nonsecure custody.
19 …
20 (b) The court shall order the department of social services to make diligent efforts to
21 notify relatives and other persons with legal custody of a sibling of the juvenile that the juvenile
22 is in nonsecure custody and of any hearings scheduled to occur pursuant to G.S. 7B-506, unless
23 the court finds the notification would be contrary to the best interests of the juvenile. The
24 department of social services shall use due diligence to identify and notify adult relatives
25 relatives, next of kin, and other persons with legal custody of a sibling of the juvenile within 30
26 days after the initial order removing custody. The department shall file with the court information
27 regarding attempts made to identify and notify adult relatives of the juvenile and persons with
28 legal custody of a sibling of the juvenile. In placing a juvenile in nonsecure custody under this
29 section, the court shall first consider whether a relative of the juvenile is willing and able to
30 provide proper care and supervision of the juvenile in a safe home. If the court finds that the
31 relative is willing and able to provide proper care and supervision in a safe home, then the court
32 shall order placement of the juvenile with the relative unless the court finds that placement with
33 the relative would be contrary to the best interests of the juvenile.juvenile, including, but not
34 limited to, the developmental and attachment needs of the juvenile.
35 …."
36 SECTION 1.(e) G.S. 7B-901(c) reads as rewritten:
37 "(c) If the disposition order places a juvenile in the custody of a county department of
38 social services, the court shall direct that reasonable efforts for reunification as defined in
39 G.S. 7B-101 shall not be required if the court makes written findings of fact pertaining to any of
40 the following, unless the court concludes that there is compelling evidence warranting continued
41 reunification efforts:
42 (1) A court of competent jurisdiction determines or has determined that
43 aggravated circumstances exist because the parent has committed or
44 encouraged the commission of, or allowed the continuation of, any of the
45 following upon the juvenile:
46 …
47 e. Chronic or toxic exposure to alcohol or controlled substances that
48 causes impairment of or addiction in the juvenile.juvenile, including,
49 but not limited to, exposure to unlawful controlled substances in utero
50 or controlled substances used in violation of the law in utero. The court
51 shall consider whether a parent is enrolled in and meeting or exceeding
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 General Assembly Of North Carolina Session 2023
1 the benchmarks of a substance abuse treatment program recommended
2 by a medical provider or a local management entity/managed care
3 organization (LME/MCO).
4 …."
5 SECTION 1.(f) G.S. 7B-903 reads as rewritten:
6 "§ 7B-903. Dispositional alternatives for abused, neglected, or dependent juvenile.
7 …
8 (a1) In placing a juvenile in out-of-home care under this section, the court shall first
9 consider whether a relative of the juvenile is willing and able to provide proper care and
10 supervision of the juvenile in a safe home. If the court finds that the relative is willing and able
11 to provide proper care and supervision in a safe home, then the court shall order placement of the
12 juvenile with the relative unless the court finds that the placement is contrary to the best interests
13 of the juvenile. juvenile, including, but not limited to, the developmental and attachment needs
14 of the juvenile. In placing a juvenile in out-of-home care under this section, the court shall also
15 consider whether it is in the juvenile's best interest to remain in the juvenile's community of
16 residence. Placement of a juvenile with a relative outside of this State must be in accordance with
17 the Interstate Compact on the Placement of Children.
18 …
19 (a5) Once a juvenile who is not a member of a State-recognized tribe as set forth in
20 G.S. 143B-407(a) has resided in the home of a foster parent for a continuous period of at least
21 nine months, the foster parent is deemed to be nonrelative kin for purposes of this subsection.
22 …."
23 SECTION 1.(g) G.S. 7B-906.1(d) reads as rewritten:
24 "(d) At each hearing, the court shall consider the following criteria and make written
25 findings regarding those that are relevant:
26 …
27 (3) Whether efforts to reunite the juvenile with either parent clearly would be
28 unsuccessful or inconsistent with the juvenile's health or safety and need for a
29 safe, permanent home within a reasonable period of time. time, including
30 whether a parent has engaged in any of the factors described under
31 G.S. 7B-901(c). The court shall consider efforts to reunite regardless of
32 whether the juvenile resided with the parent, guardian, or custodian at the time
33 of removal.
34 …."
35 SECTION 1.(h) G.S. 7B-1103 reads as rewritten:
36 "§ 7B-1103. Who may file a petition or motion.
37 (a) A petition or motion to terminate the parental rights of either or both parents to his,
38 her, or their minor juvenile may only be filed by one or more of the following:
39 …
40 (5) Any person with whom the juvenile has resided for a continuous period of 18
41 15 months or more next preceding the filing of the petition or motion.
42 …."
43 SECTION 2. This act becomes effective October 1, 2023, and applies to actions
44 filed or pending on or after that date.
DRH40350-NB-100 Page 3


Statutes affected:
Filed: 7B-100, 7B-101, 7B-503, 7B-505, 7B-901, 7B-903, 7B-906.1, 7B-1103
Edition 1: 7B-100, 7B-101, 7B-503, 7B-505, 7B-901, 7B-903, 7B-906.1, 7B-1103
Edition 2: 7B-100, 7B-101, 7B-503, 7B-505, 7B-901, 7B-903, 7B-906.1, 7B-1103