North Carolina 2025-2026 Regular Session

North Carolina House Bill H237 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 2
	3	+	H 1
4	4		HOUSE BILL 237
5		-	~~Committee Substitute Favorable 3/18/25~~
	5	+
6	6
7	7		Short Title: Child Welfare. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Representative Stevens.
	9	+	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
	10	+	Referred to: Judiciary 2, if favorable, Health, if favorable, Rules, Calendar, and Operations of
	11	+	the House
10	12		February 27, 2025
11		-	H237 -v-2
	13	+	H237 -v-1
12	14		A BILL TO BE ENTITLED 1
13	15		AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS AFFECTING JUVENILES AND 2
14	16		ASSOCIATED SERVICES, COUNTY SOCIAL SERVI CES BOARDS AND 3
15	17		DEPARTMENTS, REGIONA L SOCIAL SERVICES BOARDS AND DEPARTMENTS , 4
16	18		CONSOLIDATED HUMAN S ERVICES BOARDS AND AGENCIES, AND THE NORTH 5
17	19		CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES. 6
18	20		The General Assembly of North Carolina enacts: 7
19	21		8
20	22		PART I. CHILD WELFARE LAW REFORMS 9
21	23		SECTION 1.(a) G.S. 7B-100 reads as rewritten: 10
22	24		"§ 7B-100. Purpose. 11
23	25		This Subchapter shall be interpreted and construed so as to implement the following purposes 12
24	26		and policies: 13
25	27		… 14
26	28		(5) To provide standards, consistent with the Adoption and Safe Families Act of 15
27	29		1997, P.L. 105-89, for ensuring that the best interests of the juvenile are of 16
28	30		paramount consideration by the court and that when it is not in the juvenile's 17
29	31		best interest to be returned home, the juvenile will be placed in a safe, 18
30	32		permanent home within a reasonable amount of time.one year from the date 19
31	33		of the initial order removing custody." 20
32	34		SECTION 1.(b) G.S. 7B-101 reads as rewritten: 21
33	35		"§ 7B-101. Definitions. 22
34	36		As used in this Subchapter, unless the context clearly requires otherwise, the following words 23
35	37		have the listed meanings: 24
36	38		(1) Abused juveniles. – Any juvenile less than 18 years of age (i) who is found to 25
37	39		be a minor victim of human trafficking under G.S. 14-43.15 or unlawful sale, 26
38	40		surrender, or purchase of a minor under G.S. 14-43.14 or (ii) whose parent, 27
39	41		guardian, custodian, or caretaker: 28
40	42		… 29
41	43		d. Commits, permits, or encourages the commission of a violation of the 30
42	44		following laws by, with, or upon the juvenile: first-degree forcible 31
43	45		rape, as provided in G.S. 14-27.21; second-degree forcible rape as 32
44	46		provided in G.S. 14-27.22; statutory rape of a child by an adult as 33
45		-	provided in G.S. 14-27.23; first-degree statutory rape as provided in 34
46		-	G.S. 14-27.24; first-degree forcible sex offense as provided in 35
47		-	G.S. 14-27.26; second-degree forcible sex offense as provided in 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 237-Second Edition
49		-	G.S. 14-27.27; statutory sexual offense with a child by an adult as 1
50		-	provided in G.S. 14-27.28; first-degree statutory sexual offense as 2
51		-	provided in G.S. 14-27.29; sexual activity by a substitute parent or 3
52		-	custodian as provided in G.S. 14-27.31; sexual activity with a student 4
53		-	as provided in G.S. 14-27.32; unlawful sale, surrender, or purchase of 5
54		-	a minor, as provided in G.S. 14-43.14; a sexually violent offense, as 6
55		-	provided in G.S. 14-208.6(5); crime against nature, as provided in 7
56		-	G.S. 14-177; incest, as provided in G.S. 14-178; preparation of 8
57		-	obscene photographs, slides, or motion pictures of the juvenile, as 9
58		-	provided in G.S. 14-190.5; employing or permitting the juvenile to 10
59		-	assist in a violation of the obscenity laws as provided in G.S. 14-190.6; 11
60		-	dissemination of obscene material to the juvenile as provided in 12
61		-	G.S. 14-190.7 and G.S. 14-190.8; and displaying or disseminating 13
62		-	material harmful to the juvenile as provided in G.S. 14-190.14 and 14
63		-	G.S. 14-190.15; first and second degree sexual exploitation of the 15
64		-	juvenile as provided in G.S. 14-190.16 and G.S. 14-190.17; promoting 16
65		-	the prostitution of the juvenile as provided in G.S. 14-205.3(b); and 17
66		-	taking indecent liberties with the juvenile, as provided in 18
67		-	G.S. 14-202.1;G.S. 14-190.15. 19
68		-	… 20
69		-	(15) Neglected juvenile. – Any juvenile less than 18 years of age (i) who is found 21
70		-	to be a minor victim of human trafficking under G.S. 14-43.15 or (ii) whose 22
71		-	parent, guardian, custodian, or caretaker does any of the following: 23
72		-	… 24
73		-	h. Uses an illegal substance, abuses alcohol, or uses a controlled 25
74		-	substance in violation of the law and is unable to care for and provide 26
75		-	a safe and appropriate home for the juvenile. 27
76		-	i. Uses an illegal substance, abuses alcohol, or uses a controlled 28
77		-	substance in violation of the law while a child is in utero. 29
78		-	In determining whether a juvenile is a neglected juvenile, it is relevant whether 30
79		-	that juvenile lives in a home where another juvenile has died as a result of 31
80		-	suspected abuse or neglect or lives in a home where another juvenile has been 32
81		-	subjected to abuse or neglect by an adult who regularly lives in the home. 33
82		-	…." 34
83		-	SECTION 1.(c) G.S. 7B-503(a) reads as rewritten: 35
84		-	"(a) When a request is made for nonsecure custody, the court shall first consider release 36
85		-	of the juvenile to the juvenile's parent, relative, guardian, custodian, or other responsible adult. 37
86		-	An order for nonsecure custody shall be made only when there is a reasonable factual basis to 38
87		-	believe the matters alleged in the petition are true, and any of the following apply: 39
88		-	… 40
89		-	(7) The juvenile is an infant who was born exposed to alcohol, illegal substances, 41
90		-	or controlled substances used in violation of the law. If the parent is enrolled 42
91		-	in and meeting or exceeding the benchmarks of a substance abuse treatment 43
92		-	program recommended by a medical provider or a local management 44
93		-	entity/managed care organization (LME/MCO), then any use of alcohol, 45
94		-	illegal substances, or controlled substances in violation of the law shall not be 46
95		-	the sole ground for ordering nonsecure custody. 47
96		-	A juvenile alleged to be abused, neglected, or dependent shall be placed in nonsecure custody 48
97		-	only when there is a reasonable factual basis to believe that there are no other reasonable means 49
98		-	available to protect the juvenile. The developmental and attachment needs of the juvenile must 50 General Assembly Of North Carolina Session 2025
99		-	House Bill 237-Second Edition Page 3
100		-	be considered in making nonsecure custody determinations. In no case shall a juvenile alleged to 1
101		-	be abused, neglected, or dependent be placed in secure custody." 2
102		-	SECTION 1.(d) G.S. 7B-505(b) reads as rewritten: 3
103		-	"(b) The court shall order the department of social services to make diligent efforts to 4
104		-	notify relatives and other persons with legal custody of a sibling of the juvenile that the juvenile 5
105		-	is in nonsecure custody and of any hearings scheduled to occur pursuant to G.S. 7B-506, unless 6
106		-	the court finds the notification would be contrary to the best interests of the juvenile. The 7
107		-	department of social services shall use due diligence to identify and notify adult relatives 8
108		-	relatives, next of kin, and other persons with legal custody of a sibling of the juvenile within 30 9
109		-	days after the initial order removing custody. The department shall file with the court information 10
110		-	regarding attempts made to identify and notify adult relatives of the juvenile and persons with 11
111		-	legal custody of a sibling of the juvenile. In placing a juvenile in nonsecure custody under this 12
112		-	section, the court shall first consider whether a relative of the juvenile is willing and able to 13
113		-	provide proper care and supervision of the juvenile in a safe home. If the court finds that the 14
114		-	relative is willing and able to provide proper care and supervision in a safe home, then the court 15
115		-	shall order placement of the juvenile with the relative unless the court finds that placement with 16
116		-	the relative would be contrary to the best interests of the juvenile. The developmental and 17
117		-	attachment needs of the child shall be considered by the court when determining whether 18
118		-	placement with the relative would be contrary to the best interest of the juvenile." 19
119		-	SECTION 1.(e) G.S. 7B-901(c) reads as rewritten: 20
120		-	"(c) If the disposition order places a juvenile in the custody of a county department of 21
121		-	social services, the court shall direct that reasonable efforts for reunification as defined in 22
122		-	G.S. 7B-101 shall not be required if the court makes written findings of fact pertaining to any of 23
123		-	the following, unless the court concludes that there is compelling evidence warranting continued 24
124		-	reunification efforts: 25
125		-	(1) A court of competent jurisdiction determines or has determined that 26
126		-	aggravated circumstances exist because the parent has committed or 27
127		-	encouraged the commission of, or allowed the continuation of, any of the 28
128		-	following upon the juvenile: 29
129		-	… 30
130		-	e. Chronic or toxic exposure to alcohol or controlled substances that 31
131		-	causes impairment of or addiction in the juvenile.juvenile, including 32
132		-	in utero exposure to alcohol, illegal substances, or controlled 33
133		-	substances used in violation of the law. The court shall consider 34
134		-	whether a parent is enrolled in and meeting or exceeding the 35
135		-	benchmarks of a substance abuse treatment program recommended by 36
136		-	a medical provider or a local management entity/managed care 37
137		-	organization (LME/MCO). 38
138		-	…." 39
139		-	SECTION 1.(f) G.S. 7B-903 reads as rewritten: 40
140		-	"§ 7B-903. Dispositional alternatives for abused, neglected, or dependent juvenile. 41
	47	+	provided in G.S. 14-27.23; first-degree statutory rape as provided in 34 General Assembly Of North Carolina Session 2025
	48	+	Page 2 House Bill 237-First Edition
	49	+	G.S. 14-27.24; first-degree forcible sex offense as provided in 1
	50	+	G.S. 14-27.26; second-degree forcible sex offense as provided in 2
	51	+	G.S. 14-27.27; statutory sexual offense with a child by an adult as 3
	52	+	provided in G.S. 14-27.28; first-degree statutory sexual offense as 4
	53	+	provided in G.S. 14-27.29; sexual activity by a substitute parent or 5
	54	+	custodian as provided in G.S. 14-27.31; sexual activity with a student 6
	55	+	as provided in G.S. 14-27.32; unlawful sale, surrender, or purchase of 7
	56	+	a minor, as provided in G.S. 14-43.14; a sexually violent offense, as 8
	57	+	provided in G.S. 14-208.6(5); crime against nature, as provided in 9
	58	+	G.S. 14-177; incest, as provided in G.S. 14-178; preparation of 10
	59	+	obscene photographs, slides, or motion pictures of the juvenile, as 11
	60	+	provided in G.S. 14-190.5; employing or permitting the juvenile to 12
	61	+	assist in a violation of the obscenity laws as provided in G.S. 14-190.6; 13
	62	+	dissemination of obscene material to the juvenile as provided in 14
	63	+	G.S. 14-190.7 and G.S. 14-190.8; and displaying or disseminating 15
	64	+	material harmful to the juvenile as provided in G.S. 14-190.14 and 16
	65	+	G.S. 14-190.15; first and second degree sexual exploitation of the 17
	66	+	juvenile as provided in G.S. 14-190.16 and G.S. 14-190.17; promoting 18
	67	+	the prostitution of the juvenile as provided in G.S. 14-205.3(b); and 19
	68	+	taking indecent liberties with the juvenile, as provided in 20
	69	+	G.S. 14-202.1;G.S. 14-190.15. 21
	70	+	… 22
	71	+	(15) Neglected juvenile. – Any juvenile less than 18 years of age (i) who is found 23
	72	+	to be a minor victim of human trafficking under G.S. 14-43.15 or (ii) whose 24
	73	+	parent, guardian, custodian, or caretaker does any of the following: 25
	74	+	… 26
	75	+	h. Uses an illegal substance, abuses alcohol, or uses a controlled 27
	76	+	substance in violation of the law and is unable to care for and provide 28
	77	+	a safe and appropriate home for the juvenile. 29
	78	+	i. Uses an illegal substance, abuses alcohol, or uses a controlled 30
	79	+	substance in violation of the law while a child is in utero. 31
	80	+	In determining whether a juvenile is a neglected juvenile, it is relevant whether 32
	81	+	that juvenile lives in a home where another juvenile has died as a result of 33
	82	+	suspected abuse or neglect or lives in a home where another juvenile has been 34
	83	+	subjected to abuse or neglect by an adult who regularly lives in the home. 35
	84	+	…." 36
	85	+	SECTION 1.(c) G.S. 7B-503(a) reads as rewritten: 37
	86	+	"(a) When a request is made for nonsecure custody, the court shall first consider release 38
	87	+	of the juvenile to the juvenile's parent, relative, guardian, custodian, or other responsible adult. 39
	88	+	An order for nonsecure custody shall be made only when there is a reasonable factual basis to 40
	89	+	believe the matters alleged in the petition are true, and any of the following apply: 41
141	90		… 42
142		-	(a1) ~~In placing a~~ juvenile ~~in out-of-home care under this section~~, ~~the court shall first~~ 43
143		-	~~consider whether a relative~~ of the ~~juvenile~~ is ~~willing and able to provide proper care and~~ 44
144		-	~~supervision~~ of ~~the juvenile in~~ a ~~safe home.~~ ~~If the court finds that the relative is willing and able~~ 45
145		-	~~to provide proper care and supervision in~~ a ~~safe home,~~ ~~then the court shall order placement of the~~ 46
146		-	~~juvenile with the relative unless the court finds that the placement is contrary to the best interests~~ 47
147		-	~~of the juvenile.~~ ~~The developmental and attachment needs~~ of the ~~child~~ shall be ~~considered by the~~ 48
148		-	~~court when determining whether placement with~~ the ~~relative would be contrary to the best interest~~ 49
149		-	~~of the juvenile. In placing~~ a juvenile ~~in out-of-home care under this section~~, ~~the court~~ shall ~~also~~ 50
150		-	~~consider whether it~~ is ~~in the juvenile's best interest~~ to ~~remain in the juvenile's community of~~ 51 General Assembly Of North Carolina Session 2025
151		-	~~Page 4~~ House Bill 237-~~Second~~ Edition
152		-	~~residence~~. ~~Placement~~ of a juvenile ~~with a relative outside of this State~~ must ~~be in accordance with~~ 1
153		-	~~the Interstate Compact on the Placement of Children.~~ 2
154		-	… 3
155		-	(a5) ~~Once a juvenile who is not a member of a State-recognized tribe~~ as ~~set forth in~~ 4
156		-	~~G.S. 143B-407~~(a) ~~has resided in~~ the ~~home~~ of ~~a foster parent for a continuous period of at least~~ 5
157		-	~~nine months,~~ the ~~foster parent is deemed to be nonrelative kin for purposes of this section.~~ 6
158		-	…." 7
159		-	~~SECTION 1.(g) G.S~~. ~~7B-903.1(c) reads as rewritten:~~ 8
160		-	~~"(c) If a juvenile is removed from the home~~ and ~~placed in the custody or placement~~ 9
161		-	~~responsibility~~ of a ~~county department~~ of ~~social services,~~ the ~~director shall not allow unsupervised~~ 10
162		-	~~visitation~~ with ~~or return physical custody of~~ the ~~juvenile to the parent, guardian, custodian, or~~ 11
163		-	~~caretaker without a hearing at which the court finds that~~ the juvenile ~~will receive proper care and~~ 12
164		-	~~supervision~~ in ~~a safe home. Before~~ a ~~county department of social services may recommend~~ 13
165		-	~~unsupervised visits or return of physical custody~~ of the juvenile ~~juvenile, whichever occurs first,~~ 14
166		-	~~to the parent,~~ ~~guardian, custodian,~~ ~~or caretaker from whom~~ the juvenile ~~was removed,~~ a ~~county~~ 15
167		-	~~department of social services shall first observe that parent~~, ~~guardian, custodian,~~ ~~or caretaker with~~ 16
168		-	the juvenile ~~for at least two visits~~ that ~~support the recommendation. Each observation visit shall~~ 17
169		-	~~consist~~ of ~~an observation of not less than one hour with~~ the juvenile~~, shall be conducted at least~~ 18
170		-	~~seven days apart, and shall occur within 30 days~~ of the ~~hearing at which~~ the ~~department of social~~ 19
171		-	~~services makes~~ the ~~recommendation. A department~~ of ~~social services shall provide~~ 20
172		-	~~documentation of any observation visits that it conducts to the court for its consideration~~ as to 21
173		-	~~whether unsupervised visits or physical~~ custody ~~custody, whichever occurs first,~~ ~~should be~~ 22
174		-	~~granted to~~ the ~~parent, guardian,~~ ~~custodian, or caretaker from whom the juvenile was removed."~~ 23
175		-	~~SECTION 1.(h)~~ G.S. 7B-~~906.1 reads as rewritten:~~ 24
176		-	~~"§ 7B-906.1. Review and permanency planning hearings.~~ 25
177		-	~~(a) The court shall conduct a review or permanency planning hearing within 90 days from~~ 26
178		-	~~the date~~ of ~~the initial dispositional hearing held pursuant to G.S. 7B-901. Review~~ or ~~permanency~~ 27
179		-	~~planning hearings shall be held at least every six months thereafter. If custody~~ has ~~not been~~ 28
180		-	~~removed from a parent, guardian, caretaker~~, or ~~custodian,~~ the ~~hearing shall be designated as a~~ 29
181		-	~~review hearing. If custody has been removed from a parent, guardian, or custodian, or~~ the juvenile 30
182		-	~~was residing with a caretaker at the time the petition was filed, the hearing shall be designated as~~ 31
183		-	~~a permanency planning hearing.~~ 32
184		-	… 33
185		-	~~(d) At each hearing~~, ~~the court shall consider the following criteria and make written~~ 34
186		-	~~findings regarding those that are relevant:~~ 35
187		-	… 36
188		-	~~(1a) Reports on the juvenile's continuation in the home~~ of ~~the parent,~~ ~~guardian, or~~ 37
189		-	~~custodian; and the appropriateness of the juvenile's continuation in that home.~~ 38
190		-	~~If the juvenile is removed from the custody of a parent, guardian, or custodian~~ 39
191		-	~~at a review hearing, the court shall schedule a permanency planning hearing~~ 40
192		-	~~within 30 days of the review, unless the hearing was noticed and heard~~ as a 41
193		-	~~permanency planning hearing.review~~. 42
	91	+	(7) The juvenile is an infant who was born exposed to alcohol, illegal substances, 43
	92	+	or controlled substances used in violation of the law. If the parent is enrolled 44
	93	+	in and meeting or exceeding the benchmarks of a substance abuse treatment 45
	94	+	program recommended by a medical provider or a local management 46
	95	+	entity/managed care organization (LME/MCO), then any use of alcohol, 47
	96	+	illegal substances, or controlled substances in violation of the law shall not be 48
	97	+	the sole ground for ordering nonsecure custody. 49
	98	+	A juvenile alleged to be abused, neglected, or dependent shall be placed in nonsecure custody 50
	99	+	only when there is a reasonable factual basis to believe that there are no other reasonable means 51 General Assembly Of North Carolina Session 2025
	100	+	House Bill 237-First Edition Page 3
	101	+	available to protect the juvenile. The developmental and attachment needs of the juvenile must 1
	102	+	be considered in making nonsecure custody determinations. In no case shall a juvenile alleged to 2
	103	+	be abused, neglected, or dependent be placed in secure custody." 3
	104	+	SECTION 1.(d) G.S. 7B-505(b) reads as rewritten: 4
	105	+	"(b) The court shall order the department of social services to make diligent efforts to 5
	106	+	notify relatives and other persons with legal custody of a sibling of the juvenile that the juvenile 6
	107	+	is in nonsecure custody and of any hearings scheduled to occur pursuant to G.S. 7B-506, unless 7
	108	+	the court finds the notification would be contrary to the best interests of the juvenile. The 8
	109	+	department of social services shall use due diligence to identify and notify adult relatives 9
	110	+	relatives, next of kin, and other persons with legal custody of a sibling of the juvenile within 30 10
	111	+	days after the initial order removing custody. The department shall file with the court information 11
	112	+	regarding attempts made to identify and notify adult relatives of the juvenile and persons with 12
	113	+	legal custody of a sibling of the juvenile. In placing a juvenile in nonsecure custody under this 13
	114	+	section, the court shall first consider whether a relative of the juvenile is willing and able to 14
	115	+	provide proper care and supervision of the juvenile in a safe home. If the court finds that the 15
	116	+	relative is willing and able to provide proper care and supervision in a safe home, then the court 16
	117	+	shall order placement of the juvenile with the relative unless the court finds that placement with 17
	118	+	the relative would be contrary to the best interests of the juvenile. The developmental and 18
	119	+	attachment needs of the child shall be considered by the court when determining whether 19
	120	+	placement with the relative would be contrary to the best interest of the juvenile." 20
	121	+	SECTION 1.(e) G.S. 7B-901(c) reads as rewritten: 21
	122	+	"(c) If the disposition order places a juvenile in the custody of a county department of 22
	123	+	social services, the court shall direct that reasonable efforts for reunification as defined in 23
	124	+	G.S. 7B-101 shall not be required if the court makes written findings of fact pertaining to any of 24
	125	+	the following, unless the court concludes that there is compelling evidence warranting continued 25
	126	+	reunification efforts: 26
	127	+	(1) A court of competent jurisdiction determines or has determined that 27
	128	+	aggravated circumstances exist because the parent has committed or 28
	129	+	encouraged the commission of, or allowed the continuation of, any of the 29
	130	+	following upon the juvenile: 30
	131	+	… 31
	132	+	e. Chronic or toxic exposure to alcohol or controlled substances that 32
	133	+	causes impairment of or addiction in the juvenile.juvenile, including 33
	134	+	in utero exposure to alcohol, illegal substances, or controlled 34
	135	+	substances used in violation of the law. The court shall consider 35
	136	+	whether a parent is enrolled in and meeting or exceeding the 36
	137	+	benchmarks of a substance abuse treatment program recommended by 37
	138	+	a medical provider or a local management entity/managed care 38
	139	+	organization (LME/MCO). 39
	140	+	…." 40
	141	+	SECTION 1.(f) G.S. 7B-903 reads as rewritten: 41
	142	+	"§ 7B-903. Dispositional alternatives for abused, neglected, or dependent juvenile. 42
194	143		… 43
195		-	(3) Whether efforts to reunite the juvenile with either parent clearly would be 44
196		-	unsuccessful or inconsistent with the juvenile's health or safety and need for a 45
197		-	safe, permanent home within a reasonable period of time. one year from the 46
198		-	date the initial order removing custody was entered, including whether a 47
199		-	parent has engaged in any of the factors described under G.S. 7B-901(c). The 48
200		-	court shall consider efforts to reunite regardless of whether the juvenile 49
201		-	resided with the parent, guardian, or custodian at the time of removal. 50
202		-	… 51 General Assembly Of North Carolina Session 2025
203		-	House Bill 237-Second Edition Page 5
204		-	(i) The At any permanency planning hearing, the court may maintain the juvenile's 1
205		-	placement under review or order a different placement, appoint a guardian of the person for the 2
206		-	juvenile pursuant to G.S. 7B-600, or order any disposition authorized by G.S. 7B-903, including 3
207		-	the authority to place the child in the custody of either parent or any relative found by the court 4
208		-	to be suitable and found by the court to be in the best interests of the juvenile. 5
209		-	… 6
210		-	(l) If the court orders or continues the juvenile's placement in the custody or placement 7
211		-	responsibility of a county department of social services, the provisions of G.S. 7B-903.1 shall 8
212		-	apply to any order entered under this section. 9
213		-	… 10
214		-	(n) Notwithstanding other provisions of this Article, the court may waive the holding of 11
215		-	permanency planning hearings required by this section, may require written reports to the court 12
216		-	by the agency or person holding custody in lieu of permanency planning hearings, or order that 13
217		-	permanency planning hearings be held less often than every six months if the court finds by clear, 14
218		-	cogent, clear and convincing evidence each of the following: 15
219		-	(1) The juvenile has resided in the placement for a period of at least one year or 16
220		-	the juvenile has resided in the placement for at least six consecutive months 17
221		-	the parties are in agreement and the court enters a consent order pursuant to 18
222		-	G.S. 7B-801(b1). 19
223		-	(2) The placement is stable, and continuation of the placement is in the juvenile's 20
224		-	best interests. 21
225		-	(3) Neither the juvenile's best interests nor the rights of any party require that 22
226		-	permanency planning hearings be held every six months. 23
227		-	(4) All parties are aware that the matter may be brought before the court for 24
228		-	review at any time by the filing of a permanency planning or modification 25
229		-	motion for review or on the court's own motion. 26
230		-	(5) The court order has designated the relative or other suitable person as the 27
231		-	juvenile's permanent custodian or guardian of the person. 28
232		-	The court may not waive or refuse to conduct a hearing if a party files a motion seeking the 29
233		-	hearing. However, if a guardian of the person has been appointed for the juvenile and the court 30
234		-	has also made findings in accordance with subsection (n) of this section that guardianship is the 31
235		-	permanent plan for the juvenile, the court shall proceed in accordance with apply the criteria of 32
236		-	G.S. 7B-600(b). 33
237		-	…." 34
238		-	SECTION 1.(i) G.S. 7B-1103(a) reads as rewritten: 35
239		-	"(a) A petition or motion to terminate the parental rights of either or both parents to his, 36
240		-	her, or their minor juvenile may only be filed by one or more of the following: 37
241		-	… 38
242		-	(5) Any person with whom the juvenile has resided for a continuous period of 18 39
243		-	15 months or more next preceding the filing of the petition or motion. 40
244		-	…." 41
245		-	SECTION 1.(j) G.S. 7B-1109(f) reads as rewritten: 42
246		-	"(f) The burden in such proceedings shall be upon the petitioner or movant and all findings 43
247		-	of fact shall be based on clear, cogent, clear and convincing evidence. The rules of evidence in 44
248		-	civil cases shall apply. No husband-wife or physician-patient privilege shall be grounds for 45
249		-	excluding any evidence regarding the existence or nonexistence of any circumstance authorizing 46
250		-	the termination of parental rights." 47
251		-	SECTION 1.(k) G.S. 7B-1111(a) reads as rewritten: 48
252		-	"(a) The court may terminate the parental rights upon a finding of one or more of the 49
253		-	following: 50
254		-	… 51 General Assembly Of North Carolina Session 2025
255		-	Page 6 House Bill 237-Second Edition
256		-	(2) The parent has willfully left the juvenile in foster care or placement outside 1
257		-	the home for more than 12 nine months without showing to the satisfaction of 2
258		-	the court that reasonable progress under the circumstances has been made in 3
259		-	correcting those conditions which led to the removal of the juvenile. No 4
260		-	parental rights, however, shall be terminated for the sole reason that the 5
261		-	parents are unable to care for the juvenile on account of their poverty. 6
262		-	…." 7
263		-	SECTION 1.(l) This section becomes effective October 1, 2025, and applies to 8
264		-	petitions or motions to terminate parental rights filed on or after that date. 9
265		-	10
266		-	PART II. REGIONAL ABUSE AND MEDICAL SPEC IALIST PROGRAM 11
267		-	SECTION 2.(a) The Regional Abuse and Medical Specialist (RAMS) program 12
268		-	staffed within the North Carolina Child Medical Evaluation Program (NC CMEP) through one 13
269		-	or more contracts or memorandums of understanding between the Department of Health and 14
270		-	Human Services and the Pediatric Department of the UNC School of Medicine is immediately 15
271		-	stayed pending compliance with the following: 16
272		-	(1) Establishment of rules for the program in compliance with Chapter 150A of 17
273		-	the General Statutes. 18
274		-	(2) Amendment of and federal approval of any State plan, which is required to 19
275		-	comply with federal laws and regulations and maintain federal funding. 20
276		-	(3) Federal approval of rules for the RAMS program, which is required to comply 21
277		-	with federal laws and regulations and maintain federal funding. 22
278		-	If necessary, any contracts or memorandums of understanding between the 23
279		-	Department of Health and Human Services and the UNC School of Medicine regarding the 24
280		-	RAMS program shall be modified to comply with the provisions of this section. 25
281		-	SECTION 2.(b) The Social Services Commission shall adopt temporary and 26
282		-	permanent rules to implement the RAMS program which shall include: 27
283		-	(1) Limiting the RAMS team's focus to screened in cases meeting one or more of 28
284		-	the following criteria: 29
285		-	a. The child is less than 4 years of age and presents with unexplained or 30
286		-	poorly explained injuries. Injuries would not be considered poorly 31
287		-	explained or unexplained in cases where the discipline or action by the 32
288		-	caretaker explains the child's injury and the reporting medical provider 33
289		-	states that the mechanism of the injury is plausible for having caused 34
290		-	the injury. 35
291		-	b. The child is less than 4 years of age and there is a concern for a 36
292		-	sexually transmitted infection. 37
293		-	c. The child is less than 4 years of age and another child who lives in the 38
294		-	home died as a result of suspected abuse or neglect. 39
295		-	d. There is concern for medical child abuse (Munchausen by Proxy) to a 40
296		-	child of any age. 41
297		-	e. The child, regardless of age, has a medically complex issue and one or 42
298		-	more of the following is present: 43
299		-	1. The child requires subspecialty care by two or more specialists. 44
300		-	2. A second report of medical neglect is received within six 45
301		-	months regardless of the prior case outcome. 46
302		-	3. The child requires devices to sustain their function such as a 47
303		-	tracheostomy or g-tube. 48
304		-	f. The child is a substance-affected infant. 49
305		-	(2) Requiring the RAMS team to be contacted if the following criteria are met: 50 General Assembly Of North Carolina Session 2025
306		-	House Bill 237-Second Edition Page 7
	144	+	(a1) In placing a juvenile in out-of-home care under this section, the court shall first 44
	145	+	consider whether a relative of the juvenile is willing and able to provide proper care and 45
	146	+	supervision of the juvenile in a safe home. If the court finds that the relative is willing and able 46
	147	+	to provide proper care and supervision in a safe home, then the court shall order placement of the 47
	148	+	juvenile with the relative unless the court finds that the placement is contrary to the best interests 48
	149	+	of the juvenile. The developmental and attachment needs of the child shall be considered by the 49
	150	+	court when determining whether placement with the relative would be contrary to the best interest 50
	151	+	of the juvenile. In placing a juvenile in out-of-home care under this section, the court shall also 51 General Assembly Of North Carolina Session 2025
	152	+	Page 4 House Bill 237-First Edition
	153	+	consider whether it is in the juvenile's best interest to remain in the juvenile's community of 1
	154	+	residence. Placement of a juvenile with a relative outside of this State must be in accordance with 2
	155	+	the Interstate Compact on the Placement of Children. 3
	156	+	… 4
	157	+	(a5) Once a juvenile who is not a member of a State-recognized tribe as set forth in 5
	158	+	G.S. 143B-407(a) has resided in the home of a foster parent for a continuous period of at least 6
	159	+	nine months, the foster parent is deemed to be nonrelative kin for purposes of this section. 7
	160	+	…." 8
	161	+	SECTION 1.(g) G.S. 7B-903.1(c) reads as rewritten: 9
	162	+	"(c) If a juvenile is removed from the home and placed in the custody or placement 10
	163	+	responsibility of a county department of social services, the director shall not allow unsupervised 11
	164	+	visitation with or return physical custody of the juvenile to the parent, guardian, custodian, or 12
	165	+	caretaker without a hearing at which the court finds that the juvenile will receive proper care and 13
	166	+	supervision in a safe home. Before a county department of social services may recommend 14
	167	+	unsupervised visits or return of physical custody of the juvenile juvenile, whichever occurs first, 15
	168	+	to the parent, guardian, custodian, or caretaker from whom the juvenile was removed, a county 16
	169	+	department of social services shall first observe that parent, guardian, custodian, or caretaker with 17
	170	+	the juvenile for at least two visits that support the recommendation. Each observation visit shall 18
	171	+	consist of an observation of not less than one hour with the juvenile, shall be conducted at least 19
	172	+	seven days apart, and shall occur within 30 days of the hearing at which the department of social 20
	173	+	services makes the recommendation. A department of social services shall provide 21
	174	+	documentation of any observation visits that it conducts to the court for its consideration as to 22
	175	+	whether unsupervised visits or physical custody custody, whichever occurs first, should be 23
	176	+	granted to the parent, guardian, custodian, or caretaker from whom the juvenile was removed." 24
	177	+	SECTION 1.(h) G.S. 7B-906.1 reads as rewritten: 25
	178	+	"§ 7B-906.1. Review and permanency planning hearings. 26
	179	+	(a) The court shall conduct a review or permanency planning hearing within 90 days from 27
	180	+	the date of the initial dispositional hearing held pursuant to G.S. 7B-901. Review or permanency 28
	181	+	planning hearings shall be held at least every six months thereafter. If custody has not been 29
	182	+	removed from a parent, guardian, caretaker, or custodian, the hearing shall be designated as a 30
	183	+	review hearing. If custody has been removed from a parent, guardian, or custodian, or the juvenile 31
	184	+	was residing with a caretaker at the time the petition was filed, the hearing shall be designated as 32
	185	+	a permanency planning hearing. 33
	186	+	… 34
	187	+	(d) At each hearing, the court shall consider the following criteria and make written 35
	188	+	findings regarding those that are relevant: 36
	189	+	… 37
	190	+	(1a) Reports on the juvenile's continuation in the home of the parent, guardian, or 38
	191	+	custodian; and the appropriateness of the juvenile's continuation in that home. 39
	192	+	If the juvenile is removed from the custody of a parent, guardian, or custodian 40
	193	+	at a review hearing, the court shall schedule a permanency planning hearing 41
	194	+	within 30 days of the review, unless the hearing was noticed and heard as a 42
	195	+	permanency planning hearing.review. 43
	196	+	… 44
	197	+	(3) Whether efforts to reunite the juvenile with either parent clearly would be 45
	198	+	unsuccessful or inconsistent with the juvenile's health or safety and need for a 46
	199	+	safe, permanent home within a reasonable period of time. one year from the 47
	200	+	date the initial order removing custody was entered, including whether a 48
	201	+	parent has engaged in any of the factors described under G.S. 7B-901(c). The 49
	202	+	court shall consider efforts to reunite regardless of whether the juvenile 50
	203	+	resided with the parent, guardian, or custodian at the time of removal. 51 General Assembly Of North Carolina Session 2025
	204	+	House Bill 237-First Edition Page 5
	205	+	… 1
	206	+	(i) The At any permanency planning hearing, the court may maintain the juvenile's 2
	207	+	placement under review or order a different placement, appoint a guardian of the person for the 3
	208	+	juvenile pursuant to G.S. 7B-600, or order any disposition authorized by G.S. 7B-903, including 4
	209	+	the authority to place the child in the custody of either parent or any relative found by the court 5
	210	+	to be suitable and found by the court to be in the best interests of the juvenile. 6
	211	+	… 7
	212	+	(l) If the court orders or continues the juvenile's placement in the custody or placement 8
	213	+	responsibility of a county department of social services, the provisions of G.S. 7B-903.1 shall 9
	214	+	apply to any order entered under this section. 10
	215	+	… 11
	216	+	(n) Notwithstanding other provisions of this Article, the court may waive the holding of 12
	217	+	permanency planning hearings required by this section, may require written reports to the court 13
	218	+	by the agency or person holding custody in lieu of permanency planning hearings, or order that 14
	219	+	permanency planning hearings be held less often than every six months if the court finds by clear, 15
	220	+	cogent, clear and convincing evidence each of the following: 16
	221	+	(1) The juvenile has resided in the placement for a period of at least one year or 17
	222	+	the juvenile has resided in the placement for at least six consecutive months 18
	223	+	the parties are in agreement and the court enters a consent order pursuant to 19
	224	+	G.S. 7B-801(b1). 20
	225	+	(2) The placement is stable, and continuation of the placement is in the juvenile's 21
	226	+	best interests. 22
	227	+	(3) Neither the juvenile's best interests nor the rights of any party require that 23
	228	+	permanency planning hearings be held every six months. 24
	229	+	(4) All parties are aware that the matter may be brought before the court for 25
	230	+	review at any time by the filing of a permanency planning or modification 26
	231	+	motion for review or on the court's own motion. 27
	232	+	(5) The court order has designated the relative or other suitable person as the 28
	233	+	juvenile's permanent custodian or guardian of the person. 29
	234	+	The court may not waive or refuse to conduct a hearing if a party files a motion seeking the 30
	235	+	hearing. However, if a guardian of the person has been appointed for the juvenile and the court 31
	236	+	has also made findings in accordance with subsection (n) of this section that guardianship is the 32
	237	+	permanent plan for the juvenile, the court shall proceed in accordance with apply the criteria of 33
	238	+	G.S. 7B-600(b). 34
	239	+	…." 35
	240	+	SECTION 1.(i) G.S. 7B-1103(a) reads as rewritten: 36
	241	+	"(a) A petition or motion to terminate the parental rights of either or both parents to his, 37
	242	+	her, or their minor juvenile may only be filed by one or more of the following: 38
	243	+	… 39
	244	+	(5) Any person with whom the juvenile has resided for a continuous period of 18 40
	245	+	15 months or more next preceding the filing of the petition or motion. 41
	246	+	…." 42
	247	+	SECTION 1.(j) G.S. 7B-1109(f) reads as rewritten: 43
	248	+	"(f) The burden in such proceedings shall be upon the petitioner or movant and all findings 44
	249	+	of fact shall be based on clear, cogent, clear and convincing evidence. The rules of evidence in 45
	250	+	civil cases shall apply. No husband-wife or physician-patient privilege shall be grounds for 46
	251	+	excluding any evidence regarding the existence or nonexistence of any circumstance authorizing 47
	252	+	the termination of parental rights." 48
	253	+	SECTION 1.(k) G.S. 7B-1111(a) reads as rewritten: 49
	254	+	"(a) The court may terminate the parental rights upon a finding of one or more of the 50
	255	+	following: 51 General Assembly Of North Carolina Session 2025
	256	+	Page 6 House Bill 237-First Edition
	257	+	… 1
	258	+	(2) The parent has willfully left the juvenile in foster care or placement outside 2
	259	+	the home for more than 12 nine months without showing to the satisfaction of 3
	260	+	the court that reasonable progress under the circumstances has been made in 4
	261	+	correcting those conditions which led to the removal of the juvenile. No 5
	262	+	parental rights, however, shall be terminated for the sole reason that the 6
	263	+	parents are unable to care for the juvenile on account of their poverty. 7
	264	+	…." 8
	265	+	SECTION 1.(l) This section becomes effective October 1, 2025, and applies to 9
	266	+	petitions or motions to terminate parental rights filed on or after that date. 10
	267	+	11
	268	+	PART II. REGIONAL ABUSE AND MEDICAL SPEC IALIST PROGRAM 12
	269	+	SECTION 2.(a) The Regional Abuse and Medical Specialist (RAMS) program 13
	270	+	staffed within the North Carolina Child Medical Evaluation Program (NC CMEP) through one 14
	271	+	or more contracts or memorandums of understanding between the Department of Health and 15
	272	+	Human Services and the Pediatric Department of the UNC School of Medicine is immediately 16
	273	+	stayed pending compliance with the following: 17
	274	+	(1) Establishment of rules for the program in compliance with Chapter 150A of 18
	275	+	the General Statutes. 19
	276	+	(2) Amendment of and federal approval of any State plan, which is required to 20
	277	+	comply with federal laws and regulations and maintain federal funding. 21
	278	+	(3) Federal approval of rules for the RAMS program, which is required to comply 22
	279	+	with federal laws and regulations and maintain federal funding. 23
	280	+	If necessary, any contracts or memorandums of understanding between the 24
	281	+	Department of Health and Human Services and the UNC School of Medicine regarding the 25
	282	+	RAMS program shall be modified to comply with the provisions of this section. 26
	283	+	SECTION 2.(b) The Social Services Commission shall adopt temporary and 27
	284	+	permanent rules to implement the RAMS program which shall include: 28
	285	+	(1) Limiting the RAMS team's focus to screened in cases meeting one or more of 29
	286	+	the following criteria: 30
	287	+	a. The child is less than 4 years of age and presents with unexplained or 31
	288	+	poorly explained injuries. Injuries would not be considered poorly 32
	289	+	explained or unexplained in cases where the discipline or action by the 33
	290	+	caretaker explains the child's injury and the reporting medical provider 34
	291	+	states that the mechanism of the injury is plausible for having caused 35
	292	+	the injury. 36
	293	+	b. The child is less than 4 years of age and there is a concern for a 37
	294	+	sexually transmitted infection. 38
	295	+	c. The child is less than 4 years of age and another child who lives in the 39
	296	+	home died as a result of suspected abuse or neglect. 40
	297	+	d. There is concern for medical child abuse (Munchausen by Proxy) to a 41
	298	+	child of any age. 42
	299	+	e. The child, regardless of age, has a medically complex issue and one or 43
	300	+	more of the following is present: 44
	301	+	1. The child requires subspecialty care by two or more specialists. 45
	302	+	2. A second report of medical neglect is received within six 46
	303	+	months regardless of the prior case outcome. 47
	304	+	3. The child requires devices to sustain their function such as a 48
	305	+	tracheostomy or g-tube. 49
	306	+	f. The child is a substance-affected infant. 50
	307	+	(2) Requiring the RAMS team to be contacted if the following criteria are met: 51 General Assembly Of North Carolina Session 2025
	308	+	House Bill 237-First Edition Page 7
307	309		a. The report of abuse or neglect is screened in for a family or 1
308	310		investigative assessment by the local county child welfare agency. 2
309	311		b. One or more of the criteria of subdivision (1) of this subsection are 3
310	312		present. 4
311	313		(3) Requiring the RAMS team to cease involvement upon a determination that the 5
312	314		child does not meet the criteria of subdivision (2) of this subsection or upon 6
313	315		the final case decision resulting from the family or investigative assessment, 7
314	316		whichever shall occur first. 8
315	317		(4) Requiring the county director of social services to decide issues where a 9
316	318		disagreement between the local social services worker and the RAMS team 10
317	319		arises, including: 11
318	320		a. Whether the child meets the criteria of subdivision (2) of this 12
319	321		subsection. 13
320	322		b. The course of action to be taken during the family or investigative 14
321	323		assessment. 15
322	324		c. The ultimate decision arising from the family or investigative 16
323	325		assessment. 17
324	326		The county director of social services shall make this determination based on 18
325	327		information contained in the case file provided by the RAMS team, provided 19
326	328		by the county social worker, and, if applicable, provided by the Regional Child 20
327	329		Welfare Consultant. The county director shall make the determination as soon 21
328	330		as possible after notification of the disagreement but no later than 24 hours 22
329	331		after the disagreement arises. 23
330	332		(5) Requiring the social worker assigned to the case to notify the county director 24
331	333		as soon as possible after a disagreement arises between the social worker and 25
332	334		the RAMS team member but no later than four hours after the disagreement 26
333	335		arises. 27
334	336		(6) Requiring the social worker to notify the family to be notified as soon as 28
335	337		possible of any decision impacting the family when the RAMS program is 29
336	338		involved in the family's case but no later than 24 hours after the decision is 30
337	339		made. 31
338	340		(7) Limiting the RAMS program's role to supporting, guiding, and mentoring 32
339	341		county supervisors during the family or investigative assessment phase only. 33
340	342		The county supervisor may include the social worker in meetings with the 34
341	343		RAMS personnel. The recommendations and suggestions made by the RAMS 35
342	344		team are contributions to the county's family or investigative assessment and 36
343	345		are not a complete guide of the assessment. The county must follow the policy 37
344	346		outlined in the Child Protective Services Family and Investigative 38
345	347		Assessments section of the NC Child Welfare policy manual. The county 39
346	348		director is ultimately responsible for the safety and well-being of children in 40
347	349		their county and is tasked with determining whether protective services should 41
348	350		be put in place or a petition filed after making a prompt and thorough 42
349	351		assessment to determine the extent of abuse or neglect against the child and 43
350	352		the risk of future harm to the child. 44
351	353		(8) Establishing the frequency in which the RAMS team member and the county 45
352	354		social worker supervisor must meet during the family or investigative 46
353	355		assessment period. 47
354	356		(9) Establishing the documentation or information which must be provided to the 48
355	357		RAMS team during the family or investigative assessment period. 49
356	358		(10) Allowing the parent, guardian, or caretaker of the child who is subject to the 50
357	359		report of alleged abuse or neglect or their attorney to access all documentation 51 General Assembly Of North Carolina Session 2025
358		-	Page 8 House Bill 237-~~Second~~ Edition
	360	+	Page 8 House Bill 237-First Edition
359	361		provided to or generated by the RAMS team during and after the RAMS 1
360	362		team's involvement in the matter. 2
361	363		SECTION 2.(c) No later than 30 days after the rulemaking process is complete, the 3
362	364		Secretary of the North Carolina Department of Health and Human Services or the Secretary's 4
363	365		designee shall submit to the United States Secretary of Health and Human Services or the U.S. 5
364	366		Secretary's designee for approval of the following: 6
365	367		(1) A draft of the proposed new rules outlined in subsection (b) of this section. 7
366	368		(2) Any proposed changes to the State plan necessitated by the proposed rules to 8
367	369		ensure there is no reduction or elimination of federal funding from any source. 9
368	370		SECTION 2.(d) The Social Services Commission shall initiate temporary and 10
369	371		permanent rulemaking within 30 days of this act becoming effective. 11
370	372		SECTION 2.(e) If the United States Secretary of Health and Human Services or the 12
371	373		U.S. Secretary's designee determines that any proposed rule, statute, or plan amendment 13
372	374		submitted under subsection (c) of this section would negatively impact federal funding provided 14
373	375		to North Carolina, then the proposed rules, statutes, and plan amendments submitted shall not 15
374	376		become effective. The North Carolina Secretary of Health and Human Services or the Secretary's 16
375	377		designee shall notify the Social Services Commission and Rules Review Commission of the 17
376	378		United States Department of Health and Human Services' determination regarding the proposed 18
377	379		rules, statutes, and plan amendments submitted under subsection (c) of this section within five 19
378	380		days of receipt. 20
379	381		SECTION 2.(f) The Division shall report to the Joint Legislative Oversight 21
380	382		Committee on Health and Human Services, the chairs of the House Appropriations Committee 22
381	383		on Health and Human Services, the chairs of the Senate Appropriations Committee on Health 23
382	384		and Human Services, and the Joint Legislative Administrative Procedures Oversight Committee 24
383	385		by September 1, 2025, and each year thereafter, on the hiring, training, and oversight of the 25
384	386		RAMS program and, if applicable, the progress being made regarding the rulemaking process as 26
385	387		provided for in this section. A copy of all reports and plans submitted to the federal government 27
386	388		which includes information regarding the RAMS program shall be simultaneously provided to 28
387	389		the Joint Legislative Oversight Committee on Health and Human Services, the chairs of the 29
388	390		House Appropriations Committee on Health and Human Services, the chairs of the Senate 30
389	391		Appropriations Committee on Health and Human Services, and the Joint Legislative 31
390	392		Administrative Procedures Oversight Committee. 32
391	393		SECTION 2.(g) This section is effective when it becomes law. If approval by the 33
392	394		United States Secretary of Health and Human Services is not required for any State plan 34
393	395		amendments or for the proposed rules, the proposed rules shall become effective as provided for 35
394	396		in G.S. 150B-21.3. If approval by the United States Secretary of Health and Human Services is 36
395	397		required for the proposed rules created pursuant to subsection (a) of this section, or if any 37
396	398		amendments to the State plan are necessary because of the proposed rules, the proposed rules 38
397	399		shall be effective on the first day of the month that follows the date that the Secretary of the North 39
398	400		Carolina Department of Health and Human Services receives notification of approval by the 40
399	401		United States Secretary of Health and Human Services and as provided for in G.S. 150B-21.3. 41
400	402		The Secretary of the North Carolina Department of Health and Human Services shall report to 42
401	403		the Revisor of Statutes the applicable effective date once known. 43
402	404		44
403	405		PART III. PRIVATE CAUSE OF ACTION 45
404	406		SECTION 3.(a) Part 1 of Article 3 of Chapter 143B of the General Statutes is 46
405	407		amended by adding a new section to read: 47
406	408		"§ 143B-138.1A. Private cause of action. 48
407	409		If the Secretary of the Department or the Secretary's designee takes any action or causes any 49
408	410		action to be taken against an individual through a program created, administered, supervised, or 50
409	411		funded by the Department that is operating without going through the required rulemaking 51 General Assembly Of North Carolina Session 2025
410		-	House Bill 237-~~Second~~ Edition Page 9
	412	+	House Bill 237-First Edition Page 9
411	413		process and the individual experiences a loss or harm, including court costs, attorneys' fees, and 1
412	414		other litigation costs, that individual shall have a private cause of action against the Department. 2
413	415		The individual must prevail on any claim to be eligible for an award of court costs, attorneys' 3
414	416		fees, and other litigation costs." 4
415	417		SECTION 3.(b) This section becomes effective October 1, 2025, and is applicable 5
416	418		to actions taken by the Department on or after that date. 6
417	419		7
418	420		PART IV. EDUCATION AND TRAINING REQUIREM ENTS FOR COUNTY SOCI AL 8
419	421		SERVICES BOARD MEMBE RS, REGIONAL SOCIAL SERVICES BOARD 9
420	422		MEMBERS, CONSOLIDATED HUMAN S ERVICES BOARD MEMBER S, AND 10
421	423		COUNTY COMMISSIONERS 11
422	424		SECTION 4.(a) G.S. 108A-9 reads as rewritten: 12
423	425		"§ 108A-9. Duties and responsibilities. 13
424	426		The county board of social services shall have the following duties and responsibilities: 14
425	427		(1) To select the county director of social services according to the merit system 15
426	428		rules of the North Carolina Human Resources Commission;Commission. 16
427	429		(2) To advise county and municipal authorities in developing policies and plans 17
428	430		to improve the social conditions of the community;community. 18
429	431		(3) To consult with the director of social services about problems relating to his 19
430	432		office, and to assist him in planning budgets for the county department of 20
431	433		social services;services. 21
432	434		(4) To transmit or present the budgets of the county department of social services 22
433	435		for public assistance, social services, and administration to the board of county 23
434	436		commissioners;commissioners. 24
435	437		(4a) To attend education and training sessions provided for new board members 25
436	438		during the first year they serve on the board. 26
437	439		(5) To have such other duties and responsibilities as the General Assembly, the 27
438	440		Department of Health and Human Services or the Social Services Commission 28
439	441		or the board of county commissioners may assign to it." 29
440	442		SECTION 4.(b) G.S. 108A-15.8 reads as rewritten: 30
441	443		"§ 108A-15.8. Regional board of social services. 31
442	444		… 32
443	445		(m) All regional boards of social services members shall attend education and training 33
444	446		sessions provided for new board members during the first year they serve on the board." 34
445	447		SECTION 4.(c) The Department of Health and Human Services, Division of Social 35
446	448		Services, shall collaborate with key stakeholders, including the North Carolina Association of 36
447	449		County Boards of Social Services, the Association of North Carolina County Social Services 37
448	450		Directors, the North Carolina Association of County Commissioners, and the University of North 38
449	451		Carolina School of Government, to create formal education and training sessions for new county 39
450	452		board of social services members in accordance with G.S. 108A-9(4a), as enacted in subsection 40
451	453		(a) of this section, and G.S. 108A-15.8(m), as enacted in subsection (b) of this section. The 41
452	454		education and training sessions shall include a segment on the potential liabilities of the county 42
453	455		or regional board of social services. The education and training sessions shall be available 43
454	456		statewide by March 1, 2026. 44
455	457		SECTION 4.(d) G.S. 153A-77(d) reads as rewritten: 45
456	458		"§ 153A-77. Authority of boards of commissioners over commissions, boards, agencies, etc. 46
457	459		… 47
458	460		(d) The consolidated human services board shall have authority to: 48
459	461		(1) Set fees for departmental services based upon recommendations of the human 49
460	462		services director. Fees set under this subdivision are subject to the same 50
461	463		restrictions on amount and scope that would apply if the fees were set by a 51 General Assembly Of North Carolina Session 2025
462		-	Page 10 House Bill 237-~~Second~~ Edition
	464	+	Page 10 House Bill 237-First Edition
463	465		county board of health, a county board of social services, or a mental health, 1
464	466		developmental disabilities, and substance abuse area authority. 2
465	467		(2) Assure compliance with laws related to State and federal programs. 3
466	468		(3) Recommend creation of local human services programs. 4
467	469		(4) Adopt local health regulations and participate in enforcement appeals of local 5
468	470		regulations. 6
469	471		(5) Perform regulatory health functions required by State law. 7
470	472		(6) Act as coordinator or agent of the State to the extent required by State or 8
471	473		federal law. 9
472	474		(7) Plan and recommend a consolidated human services budget. 10
473	475		(8) Conduct audits and reviews of human services programs, including quality 11
474	476		assurance activities, as required by State and federal law or as may otherwise 12
475	477		be necessary periodically. 13
476	478		(9) Advise local officials through the county manager. 14
477	479		(10) Perform public relations and advocacy functions. 15
478	480		(11) Protect the public health to the extent required by law. 16
479	481		(12) Perform comprehensive mental health services planning if the county is 17
480	482		exercising the powers and duties of an area mental health, developmental 18
481	483		disabilities, and substance abuse services board under the consolidated human 19
482	484		services board. 20
483	485		(13) Develop dispute resolution procedures for human services contractors and 21
484	486		clients and public advocates, subject to applicable State and federal dispute 22
485	487		resolution procedures for human services programs, when applicable. 23
486	488		Except as otherwise provided, the consolidated human services board shall have the powers 24
487	489		and duties conferred by law upon a board of health, a social services board, and an area mental 25
488	490		health, developmental disabilities, and substance abuse services board. 26
489	491		All consolidated human services board members shall attend education and training sessions 27
490	492		provided for new board members during the first year they serve on the board. 28
491	493		Local employees who serve as staff of a consolidated county human services agency are 29
492	494		subject to county personnel policies and ordinances only and are not subject to the provisions of 30
493	495		the North Carolina Human Resources Act, unless the county board of commissioners elects to 31
494	496		subject the local employees to the provisions of that Act. All consolidated county human services 32
495	497		agencies shall comply with all applicable federal laws, rules, and regulations requiring the 33
496	498		establishment of merit personnel systems." 34
497	499		SECTION 4.(e) The Divisions of Social Services, Public Health, and Mental Health, 35
498	500		Developmental Disabilities, and Substance Use Services of the Department of Health and Human 36
499	501		Services shall collaborate with key stakeholders, including the North Carolina Association of 37
500	502		County Boards of Social Services, the Association of North Carolina County Social Services 38
501	503		Directors, the North Carolina Association of County Commissioners, the Association of North 39
502	504		Carolina Boards of Health, the Commission for Mental Health, Developmental Disabilities, and 40
503	505		Substance Abuse Services, and the University of North Carolina School of Government, to create 41
504	506		formal education and training sessions for new consolidated human services board members in 42
505	507		accordance with G.S. 153A-77(d), as amended in subsection (d) of this section. The education 43
506	508		and training sessions shall include a segment on the potential liabilities of the consolidated human 44
507	509		services board. The education and training sessions shall be available statewide by March 1, 45
508	510		2026. 46
509	511		SECTION 4.(f) Subsections (a), (b), and (d) of this section become effective March 47
510		-	1, 2026, and by March 1, ~~2027~~, all current county board of social services members must have 48
	512	+	1, 2026, and by March 1, 2028, all current county board of social services members must have 48
511	513		participated in the education and training sessions provided in G.S. 108A-9(4a), as enacted by 49
512	514		this act, all current regional board of social services members must have participated in the 50
513	515		education and training sessions provided in G.S. 108A-15.8(m), as enacted by this act, and all 51 General Assembly Of North Carolina Session 2025
514		-	House Bill 237-~~Second~~ Edition Page 11
	516	+	House Bill 237-First Edition Page 11
515	517		current consolidated human services board members must have participated in the education and 1
516	518		training sessions provided in G.S. 153A-77(d), as amended by this act. The remainder of this 2
517	519		section is effective when it becomes law. 3
518	520		4
519	521		PART V. CHILD SUPPORT TRIBUNAL ST UDY BY THE ADMINISTR ATIVE OFFICE 5
520	522		OF THE COURTS 6
521	523		SECTION 5. The Administrative Office of the Courts shall conduct a feasibility and 7
522	524		cost study of a proposed child support tribunal, with dedicated court officers to hear child support 8
523	525		matters, using quasi-judicial procedures. The study shall include, at a minimum, strategies to 9
524	526		address funding, staffing, and a plan for how the proposed changes will be implemented. The 10
525	527		Administrative Office of the Courts shall submit a report of its findings and recommendations to 11
526	528		the Joint Legislative Oversight Committee on Health and Human Services by May 1, 2026. 12
527	529		13
528	530		PART VI. CONFLICTS O F INTEREST WITHIN CO UNTY DEPARTMENTS OF 14
529	531		SOCIAL SERVICES 15
530	532		SECTION 6.(a) Part 2B of Article 1 of Chapter 108A of the General Statutes is 16
531	533		amended by adding a new section to read: 17
532	534		"§ 108A-15.16. Conflicts of interest. 18
533	535		When conflicts of interest arise in the provision of social services provided by county 19
534	536		departments of social services, regional departments of social services, or consolidated human 20
535	537		services agencies, the office in which the conflict arose shall work expeditiously to resolve the 21
536	538		conflict consistent with applicable law and any policies and procedures established by the 22
537	539		Department of Health and Human Services. Policies and procedures shall address financial and 23
538	540		practice responsibilities associated with conflicts of interest. Upon identifying a conflict of 24
539	541		interest, the office in which the conflict arose shall notify the appropriate authority within the 25
540	542		Department of Health and Human Services of the conflict. The Department of Health and Human 26
541	543		Services shall have authority to make final decisions regarding conflicts of interest assignments 27
542	544		when disputes arise, with the regional office having initial authority when a dispute arises 28
543	545		between county departments of social services and consolidated human services agencies, unless 29
544	546		no regional office is available, then the central office, and the central office having initial 30
545	547		authority when disputes arise between regions. For purposes of this section, a "conflict of 31
546	548		interest" occurs when at least one of the following occurs: 32
547	549		(1) A county department of social services, regional department of social services, 33
548	550		or consolidated human services agency is not able to manage the adverse 34
549	551		interests of two individuals to whom the office owes a duty to serve. 35
550	552		(2) A preexisting relationship between an individual and a county that results in 36
551	553		a county department of social services', regional department of social 37
552	554		services', or consolidated human services agency's inability to objectively 38
553	555		fulfill its statutory responsibilities. 39
554	556		(3) The provision of social services and duty owed by a county department of 40
555	557		social services, regional department of social services, or consolidated human 41
556	558		services agency conflicts with services and the duty owed by another county 42
557	559		department of social services, regional department of social services, or 43
558	560		consolidated human services agency." 44
559	561		SECTION 6.(b) The Social Services Commission shall adopt rules regarding 45
560	562		conflicts of interest management, including establishing reasonable and specific time lines for 46
561	563		resolving conflicts of interest, and shall begin the rulemaking process within 30 days of this 47
562	564		section becoming law. 48
563	565		SECTION 6.(c) The Social Services Commission shall report to the Joint Legislative 49
564	566		Oversight Committee on Health and Human Services upon adopting rules pursuant to 50 General Assembly Of North Carolina Session 2025
565		-	Page 12 House Bill 237-~~Second~~ Edition
	567	+	Page 12 House Bill 237-First Edition
566	568		G.S. 108A-15.16, as enacted in subsection (b) of this section, within 30 days of the adoption of 1
567	569		the rules. 2
568	570		3
569	571		PART VII. INTERIM ST UDY COMMITTEE TO REV IEW CHILD WELFARE 4
570	572		PROGRAMS, POLICIES, AND PROCEDURES AND R EVIEW NORTH CAROLINA 5
571	573		DEPARTMENT OF HEALTH AND HUMAN SERVICES' COMPLIANCE WITH 6
572	574		RULEMAKING REQUIREME NTS 7
573	575		SECTION 7.(a) The Joint Legislative Oversight Committee (Committee) on Health 8
574		-	and Human Services shall do ~~all of~~ the following: 9
	576	+	and Human Services shall do the following: 9
575	577		(1) Study, evaluate, and make recommendations on the following: 10
576	578		a. Creating a Foster Ombudsman program, including review of House 11
577		-	Bill 665 ~~from the 2023-2024~~ ~~biennium~~ and ~~House Bill 165 from the~~ 12
578		-	~~current biennium~~, ~~review of Foster Ombudsman programs~~ and ~~their~~ 13
579		-	~~effectiveness~~ in ~~other states, including Maryland and Texas, and the~~ 14
580		-	~~cost of implementing a Foster Ombudsman program in North~~ 15
581		-	~~Carolina~~. 16
582		-	~~b. Working with churches~~ and ~~nonprofit/private organizations to provide~~ 17
583		-	~~services~~ and ~~close gaps~~ in ~~services and needs of foster children, foster~~ 18
584		-	~~families~~, ~~kinship care providers~~, and ~~to aid in keeping families~~ 19
585		-	~~together, including Least of These, Safe Families for Children, and~~ 20
586		-	~~Adoption-Share~~. 21
587		-	~~c. Requiring the North Carolina Department of Health~~ and ~~Human~~ 22
588		-	~~Services (DHHS) to review all outstanding policies~~ and ~~guidance that~~ 23
589		-	~~did not go through the proper rulemaking process and requiring DHHS~~ 24
590		-	~~to do so.~~ 25
591		-	d. ~~Requiring foster parent and kinship care providers' participation in~~ 26
592		-	~~court proceedings.~~ 27
593		-	~~(2) Work with DHHS and county department of social services boards to create~~ 28
594		-	~~more uniform standards regarding child welfare matters~~ and ~~make~~ 29
595		-	~~recommendations based on this work.~~ 30
596		-	~~(3) Follow up with DHHS for updated information~~ on ~~the~~ work ~~being done by the~~ 31
597		-	~~Child Welfare and Family Well-~~Being ~~Transformation Team since its May~~ 32
598		-	~~2022 interim report~~ and make ~~recommendations based on the information~~ 33
599		-	provided. 34
600		-	(4) ~~Follow up~~ with ~~DHHS~~ regarding ~~status of regional offices required under~~ 35
601		-	~~Ryan's Law (S.L. 2017-41) including services provided~~, ~~and~~ 36
602		-	~~recommendations for statewide,~~ ~~uniform standards in handling child welfare~~ 37
603		-	~~matters and areas for improving~~ the ~~delivery~~ of ~~child welfare services~~ and 38
	579	+	Bill 665, review of Foster Ombudsman programs and their 12
	580	+	effectiveness in other states, including Maryland and Texas, and the 13
	581	+	cost of implementing a Foster Ombudsman program in North 14
	582	+	Carolina. 15
	583	+	b. Working with churches and nonprofit/private organizations to provide 16
	584	+	services and close gaps in services and needs of foster children, foster 17
	585	+	families, kinship care providers, and to aid in keeping families 18
	586	+	together, including Least of These, Safe Families for Children, and 19
	587	+	Adoption-Share. 20
	588	+	c. Requiring the North Carolina Department of Health and Human 21
	589	+	Services (DHHS) to review all outstanding policies and guidance that 22
	590	+	did not go through the proper rulemaking process and requiring DHHS 23
	591	+	to do so. 24
	592	+	d. Establishing the regional offices by DHHS as required under Ryan's 25
	593	+	Law (S.L. 2017-41). 26
	594	+	e. Requiring foster parent and kinship care providers' participation in 27
	595	+	court proceedings. 28
	596	+	(2) Work with DHHS and county department of social services boards to create 29
	597	+	more uniform standards regarding child welfare matters and make 30
	598	+	recommendations based on this work. 31
	599	+	(3) Follow up with DHHS for updated information on the work being done by the 32
	600	+	Child Welfare and Family Well-Being Transformation Team and make 33
	601	+	recommendations based on the information provided. 34
	602	+	(4) Work with the Chief Justice of the Supreme Court and his team regarding 35
	603	+	improvements to child welfare/foster/adoption cases, obtain any updates by 36
	604	+	Chief Justice Newby's Task Force of Adverse Childhood Experience (ACE) 37
	605	+	Informed Courts since the release of its final report in December 2023, and 38
604	606		make recommendations based on the information provided. 39
605		-	(5) Work with the Chief Justice of the Supreme Court and his team regarding 40
606		-	improvements to child welfare/foster/adoption cases, obtain any updates by 41
607		-	Chief Justice Newby's Task Force of Adverse Childhood Experience (ACE) 42
608		-	Informed Courts since the release of its final report in December 2023, and 43
609		-	make recommendations based on the information provided. 44
610		-	(6) Follow up with DHHS on the status of the development and implementation 45
611		-	of innovative Medicaid services to fill gaps in care for foster children with 46
612		-	behavioral health needs and a statewide trauma-informed standardized 47
613		-	assessment for foster cases, the status of the working group required to be 48
614		-	established under Section 9E.21 of S.L. 2023-134, and make 49
615		-	recommendations based on the information provided. 50 General Assembly Of North Carolina Session 2025
616		-	House Bill 237-Second Edition Page 13
617		-	(7) Any other issues which the committee deems appropriate for the improvement 1
618		-	of the child welfare system. 2
619		-	SECTION 7.(b) The Committee shall report its findings and any legislative 3
620		-	recommendations to the 2026 Regular Session of the 2025 General Assembly prior to its 4
621		-	convening. 5
622		-	6
623		-	PART VIII. EFFECTIVE DATE 7
624		-	SECTION 8. Except as otherwise provided, this act is effective when it becomes 8
625		-	law. 9
	607	+	(5) Follow up with DHHS on the status of the working group required to be 40
	608	+	established by the 2023 budget to identify innovative Medicaid services to fill 41
	609	+	gaps in care for foster children with behavioral health needs and develop a 42
	610	+	statewide trauma-informed standardized assessment for foster cases and make 43
	611	+	recommendations based on the information provided. 44
	612	+	(6) Any other issues which the committee deems appropriate for the improvement 45
	613	+	of the child welfare system. 46
	614	+	SECTION 7.(b) The Committee shall report its findings and any legislative 47
	615	+	recommendations to the 2026 Regular Session of the 2025 General Assembly prior to its 48
	616	+	convening. 49
	617	+	50
	618	+	PART VIII. EFFECTIVE DATE 51 General Assembly Of North Carolina Session 2025
	619	+	House Bill 237-First Edition Page 13
	620	+	SECTION 8. Except as otherwise provided, this act is effective when it becomes 1
	621	+	law. 2