GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 570*
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Short Title: Changes to the Juvenile Code.-AB |
(Public) |
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Sponsors: |
Senators Daniel and Barringer (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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April 3, 2017
A BILL TO BE ENTITLED
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:
…
(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 aA petition alleging a
juvenile to be abused, neglected, or dependent, ordependent.
(2) When the director of
the department of social services requests aA 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 ordermust 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) 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(a) reads as rewritten:
"(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 homethe 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."
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.
…
(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 caretakerparties 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, theThe
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 subsequentSubsequent 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.
…
(d) At each hearing, the court shall consider the following criteria and make written findings regarding those that are relevant:
…
(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.
…
(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(a)(2)
through (5)(6), or 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.juvenile and a right to consent to
adoption. The court shall conduct reviews every six months thereafter until
the juvenile is the subject of a decree of adoption:
…
(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
toin 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:
(1) Affirm the county department's or child‑placing
agency's plans.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.
(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.
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.the court may order a placement that the court finds to be
in the juvenile's best interest after considering the department's recommendations.
…."
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).4.
But 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 histhe 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:
…
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.