Bill Summaries: H362 (2017-2018 Session)

Tracking:
  • Bill H 362 (2017-2018)
    Summary date: Jul 25 2017 - View summary

    AN ACT TO MAKE VARIOUS CHANGES TO THE JUVENILE LAWS. Enacted July 21, 2017. Effective October 1, 2017.
    Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Delinquency
    GS 7B
  • Bill H 362 (2017-2018)
    Summary date: May 30 2017 - View summary

    Senate committee substitute makes the following changes to the 3rd edition.

    Amends GS 7B-407 (Service of Summons). Provides that the cost of required service in a foreign country under Rule 4(j3) must be advanced by the petitioner, and may be charged as court costs.

    Amends GS 7B-1106 (Issuance of Summons). Requires a court to make findings of fact that a respondent cannot otherwise be served despite diligent efforts made by the petitioner for personal service, and to approve the form of notice, prior to service by publication under GS 1A-1.
    Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Delinquency
    GS 7B
  • Bill H 362 (2017-2018)
    Summary date: Mar 22 2017 - View summary

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 7B-505 (Placement within nonsecure custody) to remove the requirement for the court to order the department of social services to make diligent efforts to notify relatives and any custodial parents of the juvenile's siblings that the juvenile is in nonsecure custody and of any hearings scheduled pursuant to GS 7B-506, unless the court finds the notification would not be in the juvenile's best interests. Makes clarifying change.

    Amends the proposed change to subsection (b) of GS 7B-908 (Post termination of parental rights' placement court review) to require the court to conduct a placement review no later than six months from the date of a termination hearing when one parent's parental rights have been terminated by court order and the other parent's parental rights have been relinquished under GS Chapter 48 (previously did not include one parent's parental rights to have been terminated by court order in addition to the other parent's rights having been relinquished), and a county director or licensed child-placing agency has custody of the juvenile (previously proposed additionally that the county director or licensed agency also has a right to consent to adoption).
    Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Delinquency
    GS 7B
  • Bill H 362 (2017-2018)
    Summary date: Mar 15 2017 - View summary

    Amends GS 7B­200(a) to grant the district court exclusive, original jursidction over proceedings to review the placement of a young adult in foster care under GS 108A­48 and GS 7B­910.1.

    Amends GS 7B­404 (Immediate need for petition when clerk's office is closed). Directs magistrates, when the office of the clerk is closed, to accept petitions alleging a juvenile to be abused, neglected, or dependent, and petitions alleging the obstruction of or interference with an assessment required by GS 7B­302. Limited to emergency situations when a petition must be filed to obtain a nonsecure custody order or an order under GS 7B­303 (interference with assessment), and any petitions accepted for filing under this statute must be delivered to the clerk's office for processing as soon as it opens for business.

    Amends GS 7B­405 (Commencement of action). Clarifies that an action is commenced when a juvenile petition is accepted by a magistrate, as described above. Amends GS 7B­407 (Service of Summons) to clarify that a summons shall be served under GS 1A­1, Rule 4.

    Amends GS 7B­505(a) to further allow temporary residential placement in the home of a parent, relative, nonrelative kin, or other person with legal custody of a sibling of the juvenile (was, a relative's home).

    Amends GS 7B­505.1. Amends the caption to read "Consent for medical care for a juvenile placed in nonsecure custody of a department of social services." Authorizes the director of a county department of social services to further arrange for, provide, and consent to treatment for common pediatric illnesses and injuries that require prompt intervention. Also amends GS 7B­2503, concerning undisciplined juveniles and GS 7B­2506, concerning delinquent juveniles, by deleting provisions related to the director's authority over medical care and consent requirements be heard in the person's own behalf, and to examine witnesses.

    Amends GS 7B­506 (hearing to determine need for continued nonsecure custody) to allow parties the right to introduce evidence (currently allows a specified list of parties). Provides that GS 7B­905.1 apply to determine visitation.

    Amends GS 7B­906.1 to direct the court to conduct a review hearing within 90 days of the initial dispositional hearing held pursuant to GS 7B­901 in all instances (was, limited to instances where the parent, guardian, or custodian lost custody). Directs the court to schedule a permanency planning hearing within 30 days of determining that efforts to reunite a juvenile with either parent would be unsuccessful or inconsistent with the juvenile's health and safety. Adds that the statute does not apply to post termination of parental rights' placement reviews. Makes a technical change.

    Amends GS 7B­908 to require the court to further conduct placement reviews when parental rights have been relinquished under GS Chapter 48. Amends language throughout the statute to refer to permanent placement plans (instead of a singular plan).Makes conforming changes. Deletes references to the North Carolina Adoption Resource Exchange, and the North Carolina Photo Adoption Listing service, and replaces them with the NC Kids Adoption and Foster Care Network and other child­specific recruitment programs.  Directs the court to adopt concurrent permanent plans and identify the primary and secondary plan in accordance with GS 7B­906.2. Provides a contingency in which the court may order a placement that the court finds to be in the juvenile's best interest.

    Amends GS 7B­910.1(d) to make a technical change.

    Amends GS 7B­1106 to refer to service of process under GS 1A­1, Rule 4 (currently Rule 4(j)).

    Amends GS 7B­3600 to replace references to GS 7B­903, GS 7B­2503, and GS 7B­2506 with GS 7B­505.1 and GS 7B­903.1.

    Effective October 1, 2017.
    Courts/Judiciary, Juvenile Law, Abuse, Neglect and Dependency, Delinquency
    GS 7B

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