| 16 | | - | SECTION 1.(a) G.S. 7B-101 reads as rewritten: 5 |
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| 17 | | - | "§ 7B-101. Definitions. 6 |
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| 18 | | - | As used in this Subchapter, unless the context clearly requires otherwise, the following words 7 |
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| 19 | | - | have the listed meanings: 8 |
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| 20 | | - | … 9 |
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| 21 | | - | (19a) Safely surrendered infant. – An infant reasonably believed to be not more than 10 |
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| 22 | | - | 30 days of age and without signs of abuse or neglect who is voluntarily 11 |
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| 23 | | - | delivered to an individual or placed in a newborn safety device in accordance 12 |
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| 24 | | - | with Article 5A of this Subchapter by the infant's parent who does not express 13 |
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| 25 | | - | an intent to return for the infant. In determining whether there are signs of 14 |
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| 26 | | - | neglect, the act of surrendering the infant, in and of itself, does not constitute 15 |
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| 27 | | - | neglect. 16 |
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| 28 | | - | …." 17 |
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| 29 | | - | SECTION 1.(b) G.S. 7B-521 reads as rewritten: 18 |
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| 30 | | - | "§ 7B-521. Persons to whom infant may be surrendered. 19 |
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| 31 | | - | (a) The following individuals shall, without a court order, take into temporary custody 20 |
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| 32 | | - | an infant reasonably believed to be not more than 30 days of age that is voluntarily delivered to 21 |
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| 33 | | - | the individual by the infant's parent who does not express an intent to return for the infant: 22 |
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| 34 | | - | (1) A health care provider, as defined under G.S. 90-21.11, who is on duty or at a 23 |
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| 35 | | - | hospital or at a local or district health department or at a nonprofit community 24 |
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| 36 | | - | health center. 25 |
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| 37 | | - | (2) A first responder who is on duty, including a law enforcement officer, a 26 |
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| 38 | | - | certified emergency medical services worker, or a firefighter. 27 |
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| 39 | | - | (3) A social services worker who is on duty or at a local department of social 28 |
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| 40 | | - | services. 29 |
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| 41 | | - | (b) An employee of a qualified establishment with an installed newborn safety device as 30 |
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| 42 | | - | provided for in G.S. 7B-521A shall, without a court order, take into temporary custody an infant 31 |
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| 43 | | - | reasonably believed to be not more than 30 days of age that is voluntarily placed in a newborn 32 |
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| 44 | | - | safety device by the infant's parent who does not express an intent to return for the infant." 33 |
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| 45 | | - | SECTION 1.(c) Article 5A of Subchapter I of Chapter 7B of the General Statutes is 34 |
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| 46 | | - | amended by adding a new section to read: 35 |
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| 47 | | - | "§ 7B-521A. Newborn safety device. 36 General Assembly Of North Carolina Session 2025 |
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| 48 | | - | Page 2 House Bill 139-Second Edition |
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| 49 | | - | (a) A qualified establishment may install a newborn safety device that complies with this 1 |
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| 50 | | - | Article. Each newborn safety device shall have a temperature-controlled interior, shall be 2 |
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| 51 | | - | properly ventilated to ensure the safety of infants, shall be equipped with an exterior door that 3 |
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| 52 | | - | locks automatically upon placement of a newborn in the safety device, shall have a door to access 4 |
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| 53 | | - | the newborn safety device from the interior of the qualified establishment that allows for the safe 5 |
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| 54 | | - | retrieval of the newborn, and shall be physically attached to the exterior of the qualified 6 |
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| 55 | | - | establishment in an area that is conspicuous and visible to employees. A qualified establishment 7 |
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| 56 | | - | shall comply with all of the following criteria: 8 |
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| 57 | | - | (1) Cover the cost of the installation through departmental funding or from private 9 |
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| 58 | | - | donations. 10 |
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| 59 | | - | (2) Install an adequate dual alarm system connected to the physical location of 11 |
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| 60 | | - | the newborn safety device. When the newborn safety device is accessed from 12 |
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| 61 | | - | the exterior, the dual alarm system must sound and automatically call the 911 13 |
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| 62 | | - | system provider for the county in which the newborn safety device is located. 14 |
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| 63 | | - | (3) Test the dual alarm system weekly to ensure the device is in proper working 15 |
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| 64 | | - | order. 16 |
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| 65 | | - | (4) Visually inspect the newborn safety device at least two times per day. 17 |
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| 66 | | - | (5) In addition to the requirements of G.S. 7B-522, develop an emergency plan 18 |
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| 67 | | - | for rendering of emergency medical care to an infant and, if required, the 19 |
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| 68 | | - | immediate transportation of an infant placed into a newborn safety device to 20 |
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| 69 | | - | the nearest qualified health care facility equipped to accept potential pediatric 21 |
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| 70 | | - | medical emergencies. 22 |
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| 71 | | - | (6) In addition to the requirements of G.S. 7B-528, display clear signage that 23 |
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| 72 | | - | includes each of the following: 24 |
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| 73 | | - | a. The phone number of any available services that provide support for 25 |
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| 74 | | - | parents in crisis. 26 |
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| 75 | | - | b. A list of any available alternatives to using the newborn safety device. 27 |
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| 76 | | - | c. A statement that reads "Placing a newborn in this safety device 28 |
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| 77 | | - | constitutes abandonment of parental rights to the newborn and consent 29 |
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| 78 | | - | for placement of the newborn in foster care, for adoption, or for other 30 |
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| 79 | | - | permanent placement except as provided by G.S. 7B-527." 31 |
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| 80 | | - | (b) The Department of Health and Human Services, Division of Social Services, shall 32 |
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| 81 | | - | perform an initial inspection of a newborn safety device installed in accordance with this section 33 |
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| 82 | | - | prior to the device becoming operational and then perform an inspection each year thereafter 34 |
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| 83 | | - | making sure the device complies with all requirements of this section and is fully functional. 35 |
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| 84 | | - | (c) For the purposes of this section, a qualified establishment means a physical building 36 |
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| 85 | | - | of an emergency department, a fire department, or a rescue or emergency medical services squad 37 |
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| 86 | | - | that is staffed on-site 24 hours per day by an emergency medical technician or other emergency 38 |
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| 87 | | - | health care provider." 39 |
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| 88 | | - | SECTION 1.(d) G.S. 7B-526 reads as rewritten: 40 |
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| 89 | | - | "§ 7B-526. Notice by publication of the safely surrendered infant. 41 |
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| 90 | | - | … 42 |
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| 91 | | - | (b) The notice shall be published in a newspaper qualified for legal advertising in 43 |
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| 92 | | - | accordance with G.S. 1-597 and G.S. 1-598 and published in the county in which the surrender 44 |
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| 93 | | - | was made and in any other county that the director has reason to believe either parent may be 45 |
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| 94 | | - | residing. The publication shall be once a week for three successive weeks. The notice shall state 46 |
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| 95 | | - | each of the following: 47 |
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| 96 | | - | (1) The infant was surrendered by a person claiming to be the infant's mother or 48 |
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| 97 | | - | father who did not express an intent to return for the infant and that the infant 49 |
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| 98 | | - | was surrendered to an individual pursuant to G.S. 7B-52 G.S. 7B-521(a) by 50 |
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| 99 | | - | specifying (i) the profession of the individual authorized to accept the 51 General Assembly Of North Carolina Session 2025 |
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| 100 | | - | House Bill 139-Second Edition Page 3 |
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| 101 | | - | surrendered infant, (ii) the name and location of the facility at which the infant 1 |
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| 102 | | - | was surrendered, and (iii) the date of surrender.surrender, or was surrendered 2 |
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| 103 | | - | by placement in a newborn safety device pursuant to G.S. 7B-521(b) by 3 |
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| 104 | | - | specifying (i) the name and location of the facility at which the infant was 4 |
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| 105 | | - | surrendered and (ii) the date of the surrender. 5 |
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| 106 | | - | (2) The physical characteristics of the infant at the time of surrender. 6 |
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| 107 | | - | (3) The infant is now in the physical and legal custody of the department of social 7 |
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| 108 | | - | services in the county where the infant was surrendered. 8 |
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| 109 | | - | (4) The surrendering mother or father has the right to request the infant's return to 9 |
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| 110 | | - | their custody by contacting the department of social services in the county that 10 |
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| 111 | | - | the infant was surrendered before the department initiates an action to 11 |
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| 112 | | - | terminate their parental rights in district court. If the surrendering parent seeks 12 |
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| 113 | | - | to regain custody of the infant from the department of social services, the 13 |
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| 114 | | - | director shall treat the infant as a juvenile who has been reported as a neglected 14 |
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| 115 | | - | juvenile and requires that the director conduct an assessment, at which point, 15 |
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| 116 | | - | the surrendering parent's rights to have his or her identity be confidential no 16 |
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| 117 | | - | longer apply. 17 |
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| 118 | | - | (5) The department is making efforts to identify, locate, and contact the 18 |
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| 119 | | - | non-surrendering parent. The non-surrendering parent has the right to contact 19 |
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| 120 | | - | the department of social services to inquire about and seek custody of the 20 |
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| 121 | | - | infant. The department may place the infant with the non-surrendering parent, 21 |
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| 122 | | - | terminating the department's custodial rights to the infant, when that parent's 22 |
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| 123 | | - | identity and location are known and there is no cause to suspect the infant is 23 |
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| 124 | | - | an abused, neglected, or dependent juvenile due to circumstances created by 24 |
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| 125 | | - | the non-surrendering parent. 25 |
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| 126 | | - | (6) Each parent has the right to contact the department of social services in the 26 |
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| 127 | | - | county where the infant was surrendered. 27 |
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| 128 | | - | (7) If neither parent seeks the infant's custody from the department of social 28 |
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| 129 | | - | services or executes a relinquishment for adoption within 60 days of the date 29 |
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| 130 | | - | of the surrender, which shall be stated clearly on the notice, the department 30 |
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| 131 | | - | will initiate a court action to terminate both parents' parental rights. Unless the 31 |
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| 132 | | - | court orders otherwise, the notice of the petition to terminate parental rights 32 |
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| 133 | | - | will be published in the same newspaper with the court name "In re Baby 33 |
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| 134 | | - | Doe." 34 |
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| 135 | | - | (8) How to contact the department of social services about the safely surrendered 35 |
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| 136 | | - | infant and the parents' rights. 36 |
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| 137 | | - | …." 37 |
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| 138 | | - | SECTION 1.(e) G.S. 7B-527 reads as rewritten: 38 |
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| 139 | | - | "§ 7B-527. Rights of surrendering parent. 39 |
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| 140 | | - | … 40 |
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| 141 | | - | (c) Immunity. – A parent surrendering an infant pursuant to this Article is immune from 41 |
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| 142 | | - | any civil liability or criminal prosecution in accordance with G.S. 14-322.3 as long as the 42 |
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| 143 | | - | surrendering parent was acting in good faith. The immunity established by this section does not 43 |
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| 144 | | - | extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be 44 |
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| 145 | | - | actionable. The act of safely surrendering an infant under this Article does not create an 45 |
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| 146 | | - | affirmative defense to any prosecution arising from any other acts taken by the surrendering 46 |
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| 147 | | - | parent." 47 |
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| 148 | | - | SECTION 1.(f) G.S. 7B-528 reads as rewritten: 48 |
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| 149 | | - | "§ 7B-528. Information to surrendering parent. 49 |
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| 150 | | - | (a) The Department of Health and Human Services, Division of Social Services, shall 50 |
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| 151 | | - | create printable and downloadable information about infant safe surrender and the rights of the 51 General Assembly Of North Carolina Session 2025 |
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| 152 | | - | Page 4 House Bill 139-Second Edition |
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| 153 | | - | parents. The information shall be written in a user-friendly manner and translated to commonly 1 |
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| 154 | | - | spoken and read languages in this State. The Division shall post the information on its website 2 |
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| 155 | | - | and make the information available for distribution to agencies at the following locations: 3 |
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| 156 | | - | (1) Agencies where persons identified in G.S. 7B-521 G.S. 7B-521(a) are on duty 4 |
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| 157 | | - | and to other duty. 5 |
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| 158 | | - | (2) A qualified establishment with an installed newborn safety device as defined 6 |
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| 159 | | - | in G.S. 7B-521A. 7 |
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| 160 | | - | (3) Attached to or near newborn safety devices as described in G.S. 7B-521A. 8 |
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| 161 | | - | (4) Other agencies that request the information. 9 |
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| 162 | | - | (b) The information shall explain each of the following: 10 |
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| 163 | | - | (1) Who is a safely surrendered infant, surrendering parent, and non-surrendering 11 |
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| 164 | | - | parent. 12 |
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| 165 | | - | (2) The requirements for how a safe surrender of an infant may occur under this 13 |
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| 166 | | - | Article. 14 |
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| 167 | | - | (3) The right to have the surrendering parent's identity remain confidential with 15 |
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| 168 | | - | the exception of communicating with the non-surrendering parent, known 16 |
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| 169 | | - | medical providers who provided treatment to the infant prior to the safe 17 |
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| 170 | | - | surrender, law enforcement for purposes of a missing child assessment, or a 18 |
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| 171 | | - | court order. 19 |
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| 172 | | - | (4) The information set forth in G.S. 7B-526(b)(3) through (b)(8). 20 |
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| 173 | | - | (5) That the information contains a relevant medical history form for the infant 21 |
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| 174 | | - | that would assist the department of social services in obtaining any necessary 22 |
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| 175 | | - | medical services for the infant and in facilitating the infant's placement, 23 |
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| 176 | | - | including adoption. Completing the form is optional. 24 |
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| 177 | | - | (6) An explanation that services may be available to the surrendering parent and 25 |
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| 178 | | - | infant accompanied by contact information for the local department of social 26 |
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| 179 | | - | services. 27 |
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| 180 | | - | (c) The Division shall create a printable and downloadable medical history form as 28 |
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| 181 | | - | referred to in subsection (b) of this section, and the form must include instructions on how to 29 |
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| 182 | | - | complete it and where to return it." 30 |
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| 183 | | - | SECTION 1.(g) G.S.7B-1105.1 reads as rewritten: 31 |
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| 184 | | - | "§ 7B-1105.1. Preliminary hearing; safely surrendered infant. 32 |
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| 185 | | - | … 33 |
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| 186 | | - | (e) The court shall specifically order the place or places of publication and the contents 34 |
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| 187 | | - | of the notice that the court concludes is most likely to identify the juvenile to either of the 35 |
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| 188 | | - | juvenile's parents without including the name of the surrendering parent. The notice shall be 36 |
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| 189 | | - | published in a newspaper qualified for legal advertising in accordance with G.S. 1-597 and 37 |
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| 190 | | - | G.S. 1-598 and published in the counties directed by the court, including in the county where the 38 |
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| 191 | | - | local department of social services that received the safely surrendered infant is located and 39 |
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| 192 | | - | where the parent is residing, if known, once a week for three successive weeks. The notice shall 40 |
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| 193 | | - | do each of the following: 41 |
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| 194 | | - | (1) Designate the court in which the petition is pending. 42 |
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| 195 | | - | (2) Be directed to "the mother (father) (mother and father) of a male (female) 43 |
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| 196 | | - | juvenile born on or about__________________________ and if known in 44 |
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| 197 | | - | (date) 45 |
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| 198 | | - | ___________(hospital or health care facility where the infant was born.) 46 |
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| 199 | | - | __________(County), 47 |
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| 200 | | - | __________(City), 48 |
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| 201 | | - | _____________________________________, respondent." 49 |
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| 202 | | - | (State) 50 General Assembly Of North Carolina Session 2025 |
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| 203 | | - | House Bill 139-Second Edition Page 5 |
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| 204 | | - | (3) Designate the docket number and title of the case which shall be "In re Baby 1 |
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| 205 | | - | Doe." 2 |
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| 206 | | - | (4) State that the infant was surrendered by a person claiming to be the infant's 3 |
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| 207 | | - | mother or father who did not express an intent to return for the infant and that 4 |
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| 208 | | - | the infant was surrendered to an individual pursuant to G.S. 7B-521 5 |
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| 209 | | - | G.S. 7B-521(a) by specifying (i) the profession of the person authorized to 6 |
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| 210 | | - | accept the surrendered infant, (ii) the facility at which the infant was 7 |
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| 211 | | - | surrendered, and (iii) the date of surrender.surrender or was surrendered by 8 |
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| 212 | | - | placement in a newborn safety device pursuant to G.S. 7B-521(b) by 9 |
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| 213 | | - | specifying (i) the name and location of the facility at which the infant was 10 |
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| 214 | | - | surrendered and (ii) the date of surrender. 11 |
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| 215 | | - | (5) State the physical characteristics of the infant at the time of the surrender. 12 |
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| 216 | | - | (6) State that a petition seeking to terminate the parental rights of the respondent 13 |
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| 217 | | - | has been filed and the purpose of the termination hearing. 14 |
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| 218 | | - | (7) Notice that if the parent is indigent, the parent is entitled to appointed counsel 15 |
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| 219 | | - | and may contact the clerk immediately to request counsel. 16 |
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| 220 | | - | (8) State the date and time of the pretrial hearing pursuant to G.S. 7B-1108.1 and 17 |
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| 221 | | - | notice that the parent may attend the hearing. 18 |
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| 222 | | - | (9) Direct the respondent to file with the clerk a written answer to the petition 19 |
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| 223 | | - | within 30 days after a date stated in the notice, exclusive of such date, which 20 |
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| 224 | | - | date so stated shall be the date of first publication of notice and be substantially 21 |
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| 225 | | - | in the form as set forth in G.S. 1A-1, Rule 4(j1). 22 |
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| 226 | | - | (10) State that if the parent fails to answer the petition within the time prescribed 23 |
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| 227 | | - | and the court determines the ground for termination has been proved and that 24 |
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| 228 | | - | termination of that parent's rights is in the best interests of the juvenile, the 25 |
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| 229 | | - | respondent's parental rights to the juvenile will be terminated. 26 |
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| 230 | | - | Upon completion of the service by publication, an affidavit of the publisher shall be filed 27 |
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| 231 | | - | with the court. 28 |
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| 232 | | - | …." 29 |
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| 233 | | - | SECTION 2. This act is effective when it becomes law. 30 |
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| 18 | + | SECTION 1. G.S. 7B-521 reads as rewritten: 5 |
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| 19 | + | "§ 7B-521. Persons to whom infant may be surrendered.surrendered; newborn safety 6 |
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| 20 | + | device. 7 |
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| 21 | + | (a) Temporary Custody. – The following individuals shall, without a court order, take 8 |
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| 22 | + | into temporary custody an infant reasonably believed to be not more than 30 days of age that is 9 |
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| 23 | + | voluntarily delivered either (i) to a newborn safety device in accordance with subsection (b) of 10 |
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| 24 | + | this section or (ii) to the individual by the infant's parent who does not express an intent to return 11 |
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| 25 | + | for the infant: 12 |
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| 26 | + | (1) A health care provider, as defined under G.S. 90-21.11, who is on duty or at a 13 |
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| 27 | + | hospital or at a local or district health department or at a nonprofit community 14 |
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| 28 | + | health center. 15 |
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| 29 | + | (2) A first responder who is on duty, including a law enforcement officer, a 16 |
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| 30 | + | certified emergency medical services worker, or a firefighter. 17 |
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| 31 | + | (3) A social services worker who is on duty or at a local department of social 18 |
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| 32 | + | services. 19 |
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| 33 | + | (b) Newborn Safety Device. – Any individual qualified under subsection (a) of this 20 |
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| 34 | + | section shall take temporary custody of an infant, without a court order, if the parent of the infant 21 |
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| 35 | + | leaves the infant, without expressing an intent to return for the infant, in a newborn safety device. 22 |
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| 36 | + | Each newborn safety device shall possess an adequate dual alarm system connected to the 23 |
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| 37 | + | appropriate facility listed in this subsection. The facility shall test the dual alarm system monthly 24 |
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| 38 | + | to ensure the system is in working order. A newborn safety device may be installed at any of the 25 |
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| 39 | + | following locations if the location is staffed continuously 24 hours per day by individuals 26 |
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| 40 | + | qualified under subsection (a) of this section: 27 |
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| 41 | + | (1) An emergency department attached to a hospital licensed under Chapter 131E 28 |
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| 42 | + | of the General Statutes that provides emergency care to patients. 29 |
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| 43 | + | (2) An emergency facility that provides emergency services. 30 |
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| 44 | + | (3) A social services office or local department of social services." 31 |
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| 45 | + | SECTION 2. This act becomes effective October 1, 2025. 32 |
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