North Carolina 2025-2026 Regular Session

North Carolina House Bill H370 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 370
5		-	~~Committee Substitute Favorable 3/18/25~~
	5	+
6	6
7	7		Short Title: GSC Uniform Acts Regarding Children. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Representative Davis.
	9	+	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
	10	+	Referred to: Judiciary 1, if favorable, Rules, Calendar, and Operations of the House
10	11		March 12, 2025
11		-	H370 -v-2
	12	+	H370 -v-1
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO ENACT THE UNIFORM CHILD ABDUCT ION PREVENTION ACT AND TO 2
14	15		ENACT ARTICLE THREE OF THE UNIFORM UNREG ULATED CHILD CUSTODY 3
15	16		TRANSFER ACT, AS REC OMMENDED BY THE GENE RAL STATUTES 4
16	17		COMMISSION. 5
17	18		The General Assembly of North Carolina enacts: 6
18	19		7
19	20		PART I. UNIFORM CHILD ABDUCTION PREVENTI ON ACT 8
20	21		SECTION 1.(a) The title of Chapter 50A of the General Statutes reads as rewritten: 9
21	22		"Uniform Child-Custody Jurisdiction and Enforcement Act and Uniform Deployed 10
22	23		Parents Custody and Visitation Act.Uniform Acts on Children." 11
23	24		SECTION 1.(b) Chapter 50A of the General Statutes is amended by adding a new 12
24	25		Article to read: 13
25	26		"Article 4. 14
26	27		"Uniform Child Abduction Prevention Act. 15
27	28		"§ 50A-411. Short title. 16
28	29		This Article may be cited as the Uniform Child Abduction Prevention Act. 17
29	30		"§ 50A-412. Definitions. 18
30	31		In this Article, the following definitions apply: 19
31	32		(1) Abduction. – The wrongful removal or wrongful retention of a child. 20
32	33		(2) Child. – Defined in G.S. 50A-102. 21
33	34		(3) Child-custody determination. – Defined in G.S. 50A-102. 22
34	35		(4) Child-custody proceeding. – Defined in G.S. 50A-102. 23
35	36		(5) Court. – Defined in G.S. 50A-102. 24
36	37		(6) Petition. – Includes a motion or its equivalent. 25
37	38		(7) Record. – Information that is inscribed on a tangible medium or that is stored 26
38	39		in an electronic or other medium and is retrievable in perceivable form. 27
39	40		(8) State. – Consists of the following: 28
40	41		a. A state of the United States, the District of Columbia, Puerto Rico, the 29
41	42		United States Virgin Islands, or any territory or insular possession 30
42	43		subject to the jurisdiction of the United States. 31
43	44		b. An Indian tribe or band or Alaskan native village that is recognized by 32
44	45		federal law or formally acknowledged by an entity listed in 33
45	46		sub-subdivision a. of this subdivision. 34 General Assembly Of North Carolina Session 2025
46		-	Page 2 House Bill 370-~~Second~~ Edition
	47	+	Page 2 House Bill 370-First Edition
47	48		(9) Travel documents. – Records relating to a travel itinerary, including travel 1
48	49		tickets, passes, reservations for transportation, or accommodations. The term 2
49	50		does not include a passport or visa. 3
50	51		(10) Wrongful removal. – The taking of a child that breaches rights of custody or 4
51	52		visitation given or recognized under the law of this State. 5
52	53		(11) Wrongful retention. – The keeping or concealing of a child that breaches rights 6
53	54		of custody or visitation given or recognized under the law of this State. 7
54	55		"§ 50A-413. Cooperation and communication among courts. 8
55	56		G.S. 50A-110, 50A-111, and 50A-112 apply to cooperation and communications among 9
56	57		courts in proceedings under this Article. 10
57	58		"§ 50A-414. Actions for abduction prevention measures. 11
58	59		(a) A court on its own motion may order abduction prevention measures in a 12
59	60		child-custody proceeding if the court finds that the evidence establishes a credible risk of 13
60	61		abduction of the child. 14
61	62		(b) A party to a child-custody determination or another individual or entity having a right 15
62	63		under the law of this State or any other state to seek a child-custody determination for the child 16
63	64		may file a petition seeking abduction prevention measures to protect the child under this Article. 17
64	65		"§ 50A-415. Jurisdiction. 18
65		-	(a) A petition under this Article may be filed in district court if the court has jurisdiction 19
66		-	to make a child-custody determination with respect to the child at issue under Article 2 of this 20
67		-	Chapter. 21
68		-	(b) A district court of this State has temporary emergency jurisdiction under 22
69		-	G.S. 50A-204 if the court finds a credible risk of abduction. 23
70		-	"§ 50A-416. Contents of petition. 24
71		-	A petition under this Article must be verified and include a copy of any existing child-custody 25
72		-	determination, if available. The petition must specify the risk factors for abduction, including the 26
73		-	relevant factors described in G.S. 50A-417. Subject to G.S. 50A-209(e), if reasonably 27
74		-	ascertainable, the petition must contain all of the following: 28
75		-	(1) The name, date of birth, and gender of the child. 29
76		-	(2) The customary address and current physical location of the child. 30
77		-	(3) The identity, customary address, and current physical location of the 31
78		-	respondent. 32
79		-	(4) A statement of whether a prior action to prevent abduction or domestic 33
80		-	violence has been filed by a party or other individual or entity having custody 34
81		-	of the child and the date, location, and disposition of the action. 35
82		-	(5) A statement of whether a party to the proceeding has been arrested for a crime 36
83		-	related to domestic violence, stalking, or child abuse or neglect and the date, 37
84		-	location, and disposition of the case. 38
85		-	(6) Any other information required to be submitted to the court for a child-custody 39
86		-	determination under G.S. 50-13.1(a1) or G.S. 50A-209. 40
87		-	"§ 50A-417. Factors to determine risk of abduction. 41
88		-	(a) In determining whether there is a credible risk of abduction of a child, the court must 42
89		-	consider any evidence that the petitioner or respondent has done or is doing any of the following: 43
90		-	(1) Has previously abducted or attempted to abduct the child. 44
91		-	(2) Has threatened to abduct the child. 45
92		-	(3) Has recently engaged in activities that may indicate a planned abduction, 46
93		-	including any of the following: 47
94		-	a. Abandoning employment. 48
95		-	b. Selling a primary residence. 49
96		-	c. Terminating a lease. 50 General Assembly Of North Carolina Session 2025
97		-	House Bill 370-Second Edition Page 3
	66	+	(a) A petition under this Article may be filed only in a court that has jurisdiction to make 19
	67	+	a child-custody determination with respect to the child at issue under Article 2 of this Chapter. 20
	68	+	(b) A court of this State has temporary emergency jurisdiction under G.S. 50A-204 if the 21
	69	+	court finds a credible risk of abduction. 22
	70	+	"§ 50A-416. Contents of petition. 23
	71	+	A petition under this Article must be verified and include a copy of any existing child-custody 24
	72	+	determination, if available. The petition must specify the risk factors for abduction, including the 25
	73	+	relevant factors described in G.S. 50A-417. Subject to G.S. 50A-209(e), if reasonably 26
	74	+	ascertainable, the petition must contain all of the following: 27
	75	+	(1) The name, date of birth, and gender of the child. 28
	76	+	(2) The customary address and current physical location of the child. 29
	77	+	(3) The identity, customary address, and current physical location of the 30
	78	+	respondent. 31
	79	+	(4) A statement of whether a prior action to prevent abduction or domestic 32
	80	+	violence has been filed by a party or other individual or entity having custody 33
	81	+	of the child and the date, location, and disposition of the action. 34
	82	+	(5) A statement of whether a party to the proceeding has been arrested for a crime 35
	83	+	related to domestic violence, stalking, or child abuse or neglect and the date, 36
	84	+	location, and disposition of the case. 37
	85	+	(6) Any other information required to be submitted to the court for a child-custody 38
	86	+	determination under G.S. 50-13.1(a1) or G.S. 50A-209. 39
	87	+	"§ 50A-417. Factors to determine risk of abduction. 40
	88	+	(a) In determining whether there is a credible risk of abduction of a child, the court must 41
	89	+	consider any evidence that the petitioner or respondent has done or is doing any of the following: 42
	90	+	(1) Has previously abducted or attempted to abduct the child. 43
	91	+	(2) Has threatened to abduct the child. 44
	92	+	(3) Has recently engaged in activities that may indicate a planned abduction, 45
	93	+	including any of the following: 46
	94	+	a. Abandoning employment. 47
	95	+	b. Selling a primary residence. 48
	96	+	c. Terminating a lease. 49 General Assembly Of North Carolina Session 2025
	97	+	House Bill 370-First Edition Page 3
98	98		d. Closing bank or other financial management accounts, liquidating 1
99	99		assets, hiding or destroying financial documents, or conducting any 2
100	100		unusual financial activities. 3
101	101		e. Applying for a passport or visa or obtaining travel documents for the 4
102	102		respondent, a family member, or the child. 5
103	103		f. Seeking to obtain the child's birth certificate or school or medical 6
104	104		records. 7
105	105		(4) Has engaged in domestic violence, stalking, or child abuse or neglect. 8
106	106		(5) Has refused to follow a child-custody determination. 9
107	107		(6) Lacks strong familial, financial, emotional, or cultural ties to the State or the 10
108	108		United States. 11
109	109		(7) Has strong familial, financial, emotional, or cultural ties to another state or 12
110	110		country. 13
111	111		(8) Is likely to take the child to a country that meets any of the following 14
112	112		descriptions: 15
113	113		a. The country is not a party to the Hague Convention on the Civil 16
114	114		Aspects of International Child Abduction and does not provide for the 17
115	115		extradition of an abducting parent or for the return of an abducted 18
116	116		child. 19
117	117		b. The country is a party to the Hague Convention on the Civil Aspects 20
118	118		of International Child Abduction, but the country also meets any of the 21
119	119		following descriptions: 22
120	120		1. The Hague Convention on the Civil Aspects of International 23
121	121		Child Abduction is not in force between the United States and 24
122	122		the country. 25
123	123		2. The country is noncompliant according to the most recent 26
124	124		compliance report issued by the United States Department of 27
125	125		State. 28
126	126		3. The country lacks legal mechanisms for immediately and 29
127	127		effectively enforcing a return order under the Hague 30
128	128		Convention on the Civil Aspects of International Child 31
129	129		Abduction. 32
130	130		c. The country poses a risk that the child's physical or emotional health 33
131	131		or safety would be endangered because of specific circumstances 34
132	132		relating to the child or because of human rights violations committed 35
133	133		against children. 36
134	134		d. The country has laws or practices that would do any of the following: 37
135	135		1. Enable the respondent, without due cause, to prevent the 38
136	136		petitioner from contacting the child. 39
137	137		2. Restrict the petitioner from freely traveling to or exiting from 40
138	138		the country because of the petitioner's gender, nationality, 41
139	139		marital status, or religion. 42
140	140		3. Restrict the child's ability legally to leave the country after the 43
141	141		child reaches the age of majority because of a child's gender, 44
142	142		nationality, or religion. 45
143	143		e. The country is included by the United States Department of State on a 46
144	144		current list of state sponsors of terrorism. 47
145	145		f. The country has no official United States diplomatic presence. 48
146	146		g. The country is engaged in active military action or war, including a 49
147	147		civil war, to which the child may be exposed. 50 General Assembly Of North Carolina Session 2025
148		-	Page 4 House Bill 370-~~Second~~ Edition
	148	+	Page 4 House Bill 370-First Edition
149	149		(9) Is undergoing a change in immigration or citizenship status that would 1
150	150		adversely affect the person's ability to remain in the United States lawfully. 2
151	151		(10) Has had an application for United States citizenship denied. 3
152	152		(11) Has forged or presented misleading or false evidence on government forms or 4
153	153		supporting documents to obtain or attempt to obtain a passport, a visa, travel 5
154	154		documents, a social security card, a drivers license, or other 6
155	155		government-issued identification card or has made a misrepresentation to the 7
156	156		United States government. 8
157	157		(12) Has used multiple names to attempt to mislead or defraud. 9
158	158		(13) Has engaged in any other conduct the court considers relevant to the risk of 10
159	159		abduction. 11
160	160		(b) In the hearing on a petition under this Article, the court must consider any evidence 12
161	161		that the respondent believed in good faith that the respondent's conduct was necessary to avoid 13
162	162		imminent harm to the child or respondent and any other evidence that may be relevant to whether 14
163	163		the respondent may be permitted to remove or retain the child. 15
164	164		"§ 50A-418. Provisions and measures to prevent abduction. 16
165	165		(a) If a petition is filed under this Article, the court may enter an order that must include 17
166	166		all of the following: 18
167	167		(1) The basis for the court's exercise of jurisdiction. 19
168	168		(2) The manner in which notice and opportunity to be heard were given to the 20
169	169		persons entitled to notice of the proceeding. 21
170	170		(3) A detailed description of each party's custody and visitation rights and 22
171	171		residential arrangements for the child. 23
172	172		(4) A provision stating that a violation of the order may subject the party in 24
173	173		violation to civil and criminal penalties. 25
174	174		(5) Identification of the child's country of habitual residence at the time of the 26
175	175		issuance of the order. 27
176	176		(b) If, at a hearing on a petition under this Article or on the court's own motion, the court 28
177	177		after reviewing the evidence finds a credible risk of abduction of the child, the court must enter 29
178	178		an abduction prevention order. The order must include the provisions required by subsection (a) 30
179	179		of this section and measures and conditions, including those in subsections (c), (d), and (e) of 31
180	180		this section, that are reasonably calculated to prevent abduction of the child, giving due 32
181	181		consideration to the custody and visitation rights of the parties. The court must consider the age 33
182	182		of the child, the potential harm to the child from an abduction, the legal and practical difficulties 34
183	183		of returning the child to the jurisdiction if abducted, and the reasons for the potential abduction, 35
184	184		including evidence of domestic violence, stalking, or child abuse or neglect. 36
185	185		(c) An abduction prevention order may include one or more of the following: 37
186	186		(1) An imposition of travel restrictions that require that a party traveling with the 38
187	187		child outside a designated geographical area provide the other party with all 39
188	188		of the following: 40
189	189		a. The travel itinerary of the child. 41
190	190		b. A list of physical addresses and telephone numbers at which the child 42
191	191		can be reached at specified times. 43
192	192		c. Copies of all travel documents. 44
193	193		(2) A prohibition of the respondent directly or indirectly doing any of the 45
194	194		following: 46
195	195		a. Removing the child from this State, the United States, or another 47
196	196		geographic area without permission of the court or the petitioner's 48
197	197		written consent. 49
198	198		b. Removing or retaining the child in violation of a child-custody 50
199	199		determination. 51 General Assembly Of North Carolina Session 2025
200		-	House Bill 370-~~Second~~ Edition Page 5
	200	+	House Bill 370-First Edition Page 5
201	201		c. Removing the child from school or a child-care or similar facility. 1
202	202		d. Approaching the child at any location other than a site designated for 2
203	203		supervised visitation. 3
204	204		(3) A requirement that a party register the order in another state as a prerequisite 4
205	205		to allowing the child to travel to that state. 5
206	206		(4) With regard to the child's passport, one or more of the following: 6
207	207		a. A direction that the petitioner place the child's name in the United 7
208	208		States Department of State's Child Passport Issuance Alert Program. 8
209	209		b. A requirement that the respondent surrender to the court or the 9
210	210		petitioner's attorney any United States or foreign passport issued in the 10
211	211		child's name, including a passport issued in the name of both the parent 11
212	212		and the child. 12
213	213		c. A prohibition upon the respondent from applying on behalf of the child 13
214	214		for a new or replacement passport or visa. 14
215	215		(5) As a prerequisite to exercising custody or visitation, a requirement that the 15
216	216		respondent provide all of the following: 16
217	217		a. To the United States Department of State Office of Children's Issues 17
218	218		and the relevant foreign consulate or embassy, an authenticated copy 18
219	219		of the order detailing passport and travel restrictions for the child. 19
220	220		b. To the court, both of the following: 20
221	221		1. Proof that the respondent has provided the information in 21
222	222		sub-subdivision a. of this subdivision. 22
223	223		2. An acknowledgment in a record from the relevant foreign 23
224	224		consulate or embassy that no passport application has been 24
225	225		made, or passport issued, on behalf of the child. 25
226	226		c. To the petitioner, proof of registration of the order with the United 26
227	227		States Embassy or other United States diplomatic presence in the 27
228	228		destination country and with the Central Authority for the Hague 28
229	229		Convention on the Civil Aspects of International Child Abduction, if 29
230	230		that Convention is in effect between the United States and the 30
231	231		destination country, unless one of the parties objects. 31
232	232		d. A written waiver under the Privacy Act, 5 U.S.C. § 552a, with respect 32
233	233		to any document, application, or other information pertaining to the 33
234	234		child authorizing its disclosure to the court and the petitioner. 34
235	235		(6) Upon the petitioner's request, a requirement that the respondent obtain an 35
236	236		order from the relevant foreign country containing terms identical to the 36
237	237		child-custody determination issued in the United States. 37
238	238		(d) In an abduction prevention order, the court may impose conditions on the exercise of 38
239	239		custody or visitation that do one or more of the following: 39
240	240		(1) Limit visitation or require that visitation with the child by the respondent be 40
241	241		supervised until the court finds that supervision is no longer necessary and 41
242	242		order the respondent to pay the costs of supervision. 42
243	243		(2) Require the respondent to post a bond or provide other security in an amount 43
244	244		sufficient to serve as a financial deterrent to abduction, the proceeds of which 44
245	245		may be used to pay for the reasonable expenses of recovery of the child, 45
246	246		including reasonable attorneys' fees and costs if there is an abduction. 46
247	247		(3) Require the respondent to obtain education on the potentially harmful effects 47
248	248		to the child from abduction. 48
249	249		(e) To prevent imminent abduction of a child, a court may do any of the following: 49
250	250		(1) Issue a warrant to take physical custody of the child under G.S. 50A-419 or 50
251	251		other State law. 51 General Assembly Of North Carolina Session 2025
252		-	Page 6 House Bill 370-~~Second~~ Edition
253		-	(2) ~~Authorize~~ law enforcement to take any action reasonably necessary to ~~locate~~ 1
254		-	the child or obtain return of the child ~~pursuant to an order issued under this~~ 2
255		-	Article or other State law. 3
	252	+	Page 6 House Bill 370-First Edition
	253	+	(2) Direct the use of law enforcement to take any action reasonably necessary to 1
	254	+	locate the child, obtain return of the child, or enforce a custody determination 2
	255	+	under this Article or other State law. 3
256	256		(3) Grant any other relief allowed under other State law. 4
257	257		(f) The remedies provided in this Article are cumulative and do not affect the availability 5
258	258		of other remedies to prevent abduction. 6
259	259		"§ 50A-419. Warrant to take physical custody of child. 7
260	260		(a) If a petition under this Article contains allegations, and the court finds, that there is a 8
261	261		credible risk that the child is imminently likely to be wrongfully removed, the court may issue 9
262	262		an ex parte warrant to take physical custody of the child. 10
263	263		(b) The respondent on a petition under subsection (a) of this section must be afforded an 11
264	264		opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not 12
265		-	later than the ~~end of the~~ next day ~~that the district court is in session~~ unless a hearing on that date 13
266		-	~~is impossible. In that event, the court~~ must hold the hearing on the first ~~possible~~ day ~~that the~~ 14
267		-	~~district court is in session.~~ 15
268		-	~~(c) An ex parte warrant under subsection (a)~~ of ~~this section to take physical custody of a~~ 16
269		-	~~child must do all~~ of ~~the following:~~ 17
270		-	~~(1) Recite~~ the ~~facts upon which a determination of a credible risk of imminent~~ 18
271		-	~~wrongful removal~~ of the child ~~is based.~~ 19
272		-	~~(2) Authorize law enforcement officers to take physical custody of the child~~ 20
273		-	~~without delay~~. 21
274		-	(3) ~~State the date and time~~ for the ~~hearing on~~ the ~~petition.~~ 22
275		-	~~(4) Provide for~~ the ~~safe interim placement of the child pending further order of~~ 23
276		-	the ~~court.~~ 24
277		-	~~(d) If feasible~~, ~~before issuing~~ a ~~warrant and before determining the placement~~ of the ~~child~~ 25
278		-	~~after the warrant is executed,~~ ~~the court may order a search of the relevant~~ databases of ~~the~~ 26
279		-	~~National Crime Information Center system and similar databases~~ of ~~this State~~ or ~~another state to~~ 27
280		-	~~determine if either the petitioner~~ or ~~respondent has a history of domestic violence, stalking, or~~ 28
281		-	~~child abuse~~ or ~~neglect.~~ 29
282		-	~~(e)~~ The ~~petition and warrant must be served on the respondent when, or as soon as~~ 30
283		-	~~possible after,~~ ~~the child is taken into~~ physical custody. 31
284		-	~~(f) A warrant to take physical custody of a child, issued by~~ this State ~~or another state,~~ is 32
285		-	~~enforceable throughout this State.~~ ~~If the court finds that a less intrusive remedy will not be~~ 33
286		-	~~effective~~, it may authorize law ~~enforcement officers to enter private property to take physical~~ 34
287		-	~~custody of the child,~~ ~~which may include~~ forcible entry at any hour. 35
	265	+	later than the next judicial day unless a hearing on that date is impossible. In that event, the court 13
	266	+	must hold the hearing on the first judicial day possible. 14
	267	+	(c) An ex parte warrant under subsection (a) of this section to take physical custody of a 15
	268	+	child must do all of the following: 16
	269	+	(1) Recite the facts upon which a determination of a credible risk of imminent 17
	270	+	wrongful removal of the child is based. 18
	271	+	(2) Direct law enforcement officers to take physical custody of the child 19
	272	+	immediately. 20
	273	+	(3) State the date and time for the hearing on the petition. 21
	274	+	(4) Provide for the safe interim placement of the child pending further order of 22
	275	+	the court. 23
	276	+	(d) If feasible, before issuing a warrant and before determining the placement of the child 24
	277	+	after the warrant is executed, the court may order a search of the relevant databases of the 25
	278	+	National Crime Information Center system and similar databases of this State or another state to 26
	279	+	determine if either the petitioner or respondent has a history of domestic violence, stalking, or 27
	280	+	child abuse or neglect. 28
	281	+	(e) The petition and warrant must be served on the respondent when or immediately after 29
	282	+	the child is taken into physical custody. 30
	283	+	(f) A warrant to take physical custody of a child, issued by this State or another state, is 31
	284	+	enforceable throughout this State. If the court finds that a less intrusive remedy will not be 32
	285	+	effective, it may authorize law enforcement officers to enter private property to take physical 33
	286	+	custody of the child. If required by exigent circumstances, the court may authorize law 34
	287	+	enforcement officers to make a forcible entry at any hour. 35
288	288		(g) If the court finds, after a hearing, that a petitioner sought an ex parte warrant under 36
289	289		subsection (a) of this section for the purpose of harassment or in bad faith, the court may award 37
290	290		the respondent reasonable attorneys' fees, costs, and expenses. 38
291	291		(h) This Article does not affect the availability of relief allowed under other State law. 39
292	292		"§ 50A-420. Duration of abduction prevention order. 40
293	293		An abduction prevention order remains in effect until the earliest of the following: 41
294	294		(1) The time stated in the order. 42
295	295		(2) The emancipation of the child. 43
296	296		(3) The child's attaining 18 years of age. 44
297	297		(4) The time the order is modified, revoked, vacated, or superseded by a court 45
298	298		with jurisdiction under G.S. 50A-201 through G.S. 50A-203. 46
299	299		"§ 50A-421. Uniformity of application and construction. 47
300	300		In applying and construing this Article, consideration must be given to the need to promote 48
301	301		uniformity of the law with respect to its subject matter among states that enact the Uniform Child 49
302	302		Abduction Prevention Act. 50
303	303		"§ 50A-422. Relation to Electronic Signatures in Global and National Commerce Act. 51 General Assembly Of North Carolina Session 2025
304		-	House Bill 370-~~Second~~ Edition Page 7
	304	+	House Bill 370-First Edition Page 7
305	305		This Article modifies, limits, and supersedes the federal Electronic Signatures in Global and 1
306	306		National Commerce Act, Chapter 96 of Title 15 of the United States Code, but does not modify, 2
307	307		limit, or supersede section 101(c) of the act, 15 U.S.C. § 7001(c), or authorize electronic delivery 3
308	308		of any of the notices described in section 103(b) of the act, 15 U.S.C. § 7003(b)." 4
309	309		SECTION 1.(c) The Revisor of Statutes shall cause to be printed, as annotations to 5
310	310		the published General Statutes, all relevant portions of the Official Comments to the Uniform 6
311	311		Child Abduction Prevention Act and all explanatory comments of the drafters of this section as 7
312	312		the Revisor may deem appropriate. 8
313	313		SECTION 1.(d) This section becomes effective October 1, 2025, and applies to 9
314	314		petitions filed or motions made on or after that date. 10
315	315		11
316	316		PART II. ARTICLE THREE OF THE UNIFORM UN REGULATED CHILD CUST ODY 12
317	317		TRANSFER ACT 13
318	318		SECTION 2.(a) Article 3 of Chapter 48 of the General Statutes is amended by adding 14
319	319		a new Part to read: 15
320	320		"Part 2A. Information and Guidance. 16
321	321		"§ 48-3-230. Title and purpose. 17
322	322		This Part consists of and may be cited as the Information and Guidance Provisions of the 18
323	323		Uniform Unregulated Child Custody Transfer Act. The purpose of this Part is to prevent the 19
324	324		unlawful transfer of custody of minors, as prohibited by G.S. 14-321.2, by better preparing 20
325	325		adoptive parents for issues that may arise when caring for an adopted minor. 21
326	326		"§ 48-3-231. Definitions. 22
327	327		For the purposes of this Part, the following definitions apply: 23
328	328		(1) Intercountry adoption. – An adoption or placement for adoption of a minor 24
329	329		who resides in a foreign country at the time of adoption or placement. The 25
330	330		term includes an adoption finalized in the minor's country of residence or in a 26
331	331		state. 27
332	332		(2) Parent. – An individual recognized as a parent under other law of this State. 28
333	333		(3) Prospective adoptive parent. – An individual approved or permitted under 29
334	334		other law of this State to adopt a minor. 30
335	335		(4) Record. – Information inscribed on a tangible medium or stored in an 31
336	336		electronic or other medium and retrievable in perceivable form. 32
337	337		"§ 48-3-232. Scope. 33
338	338		This Part applies to placement for adoption of a minor to whom any of the following applies: 34
339	339		(1) Has been or is in foster or institutional care. 35
340	340		(2) Previously has been adopted in a state. 36
341	341		(3) Has been or is being adopted under the law of a foreign country. 37
342	342		(4) Has come or is coming to a state from a foreign country to be adopted. 38
343	343		(5) Is not a citizen of the United States. 39
344	344		"§ 48-3-233. General adoption information. 40
345	345		Within a reasonable time before an agency places a minor for adoption with a prospective 41
346	346		adoptive parent, the agency shall provide or cause to be provided to the prospective adoptive 42
347	347		parent general adoption information. The information shall address all of the following: 43
348	348		(1) Possible physical, mental, emotional, and behavioral issues concerning all of 44
349	349		the following: 45
350	350		a. Identity, loss, and trauma that a minor might experience before, 46
351	351		during, or after adoption. 47
352	352		b. A minor leaving familiar ties and surroundings. 48
353	353		(2) The effect that access to resources, including health insurance, may have on 49
354	354		the ability of an adoptive parent to meet the needs of a minor. 50 General Assembly Of North Carolina Session 2025
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356	356		(3) Causes of disruption of an adoptive placement or dissolution of an adoption 1
357	357		and resources available to help avoid disruption or dissolution. 2
358	358		(4) Criminal prohibitions under G.S. 14-321.2. 3
359	359		"§ 48-3-234. Nonidentifying information about minor. 4
360	360		(a) Within a reasonable time before an agency places a minor to whom this Part applies 5
361	361		for adoption with a prospective adoptive parent, the agency shall provide or cause to be provided 6
362	362		to the prospective adoptive parent nonidentifying information specific to the minor, in addition 7
363	363		to information provided pursuant to G.S. 48-3-205, that is known to or reasonably obtainable by 8
364	364		the agency and material to the prospective adoptive parent's informed decision to adopt the minor. 9
365	365		To the extent that it is not already being provided under G.S. 48-3-205, the nonidentifying 10
366	366		information shall include all of the following: 11
367	367		(1) The minor's family, cultural, racial, religious, ethnic, linguistic, and 12
368	368		educational background. 13
369	369		(2) The minor's physical, mental, emotional, and behavioral health. 14
370	370		(3) Circumstances that might adversely affect the minor's physical, mental, 15
371	371		emotional, or behavioral health. 16
372	372		(4) The minor's medical history, including immunizations. 17
373	373		(5) The medical history of the minor's biological parents and siblings. 18
374	374		(6) The history of an adoptive or out-of-home placement of the minor and the 19
375	375		reason the adoption or placement ended. 20
376	376		(7) The minor's United States immigration status. 21
377	377		(8) Medical, therapeutic, and educational resources, including 22
378	378		language-acquisition training, available to the adoptive parent and minor after 23
379	379		placement for adoption or adoption to assist in responding effectively to 24
380	380		physical, mental, emotional, or behavioral health issues. 25
381	381		(b) Subject to the requirements of Article 9 of this Chapter, an agency shall include 26
382	382		available records relevant to the information in subdivisions (1) through (8) of subsection (a) of 27
383	383		this section when providing the information, regardless of whether the information is provided 28
384	384		pursuant to subsection (a) of this section or G.S. 48-3-205. 29
385	385		(c) If, before an adoption is finalized, additional information under subsection (a) of this 30
386	386		section that is material to a prospective adoptive parent's informed decision to adopt the minor 31
387	387		becomes known to or reasonably obtainable by the agency, the agency shall provide the 32
388	388		information to the prospective adoptive parent. 33
389	389		(d) If, after an adoption is finalized, additional information under subsection (a) of this 34
390	390		section becomes known to the agency, the agency shall make a reasonable effort to provide the 35
391	391		information to the adoptive parent. 36
392	392		"§ 48-3-235. Guidance and instruction. 37
393	393		(a) An agency placing a minor for adoption shall provide or cause to be provided to the 38
394	394		prospective adoptive parent guidance and instruction specific to the minor to help prepare the 39
395	395		parent to respond effectively to needs of the minor that are known to or reasonably ascertainable 40
396	396		by the agency. 41
397	397		(b) The guidance and instruction under subsection (a) of this section shall address, if 42
398	398		applicable, all of the following: 43
399	399		(1) The potential effect on the minor of all of the following: 44
400	400		a. A previous adoption or out-of-home placement. 45
401	401		b. Multiple previous adoptions or out-of-home placements. 46
402	402		c. Trauma, insecure attachment, fetal alcohol exposure, or malnutrition. 47
403	403		d. Neglect, abuse, drug exposure, or similar adversity. 48
404	404		e. Separation from a sibling or significant caregiver. 49
405	405		f. A difference in ethnicity, race, or cultural identity between the minor 50
406	406		and the prospective adoptive parent or other minor of the parent. 51 General Assembly Of North Carolina Session 2025
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	407	+	House Bill 370-First Edition Page 9
408	408		(2) Information available from the federal government on the process for the 1
409	409		minor to acquire United States citizenship. 2
410	410		(3) Any other matter the agency considers material to the adoption. 3
411	411		(c) The guidance and instruction under subsection (a) of this section shall be provided as 4
412	412		follows: 5
413	413		(1) For adoption of a minor residing in the United States, a reasonable time before 6
414	414		the adoption is finalized. 7
415	415		(2) For an intercountry adoption, in accordance with federal law. 8
416	416		"§ 48-3-236. Information about financial assistance and support services. 9
417	417		Consistent with the purposes of G.S. 48-1-110, on request of a minor who was placed for 10
418	418		adoption or the minor's adoptive parent, the agency placing the minor or the Department of Health 11
419	419		and Human Services shall provide information about how to obtain financial assistance or 12
420	420		support services as follows: 13
421	421		(1) To assist the minor or parent to respond effectively to adjustment, behavioral 14
422	422		health, and other challenges. 15
423	423		(2) To help preserve the placement or adoption. 16
424	424		"§ 48-3-237. Agency compliance. 17
425	425		(a) The Department of Health and Human Services may investigate an allegation that an 18
426	426		agency has failed to comply with this Part and may commence an action for injunctive or other 19
427	427		relief or initiate an administrative proceeding against the agency to enforce this Part. 20
428	428		(b) The Department of Health and Human Services may initiate a proceeding to 21
429	429		determine whether an agency has failed to comply with this Part. If the Department of Health 22
430	430		and Human Services finds that the agency has failed to comply, the Department may suspend or 23
431	431		revoke the agency's license or take other action permitted by law of this State. 24
432	432		"§ 48-3-238. Uniformity of application and construction. 25
433	433		In applying and construing this Part, a court shall consider the promotion of uniformity of the 26
434	434		law among jurisdictions that enact Article 3 of the Uniform Unregulated Child Custody Transfer 27
435	435		Act. 28
436	436		"§ 48-3-239. Relation to Electronic Signatures in Global and National Commerce Act. 29
437	437		This Part modifies, limits, or supersedes the Electronic Signatures in Global and National 30
438	438		Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 31
439	439		7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b)." 32
440	440		SECTION 2.(b) G.S. 48-3-205 reads as rewritten: 33
441	441		"§ 48-3-205. Disclosure of background information. 34
442	442		(a) Notwithstanding any other provision of law, before Before placing a minor for 35
443	443		adoption, an individual or agency placing the minor, or the individual's agent, must shall compile 36
444	444		and provide to the prospective adoptive parent a written document containing all of the following 37
445	445		information: 38
446	446		(1) The date of the birth of the minor and the minor's weight at birth and any other 39
447	447		reasonably available nonidentifying information about the minor that is 40
448	448		relevant to the adoption decision or to the minor's development and 41
449	449		well-being;well-being. 42
450	450		(2) Age of the biological parents in years at the time of the minor's birth;birth. 43
451	451		(3) Heritage of the biological parents, which shall consist consisting of 44
452	452		nationality, ethnic background, and race;race. 45
453	453		(4) Education of the biological parents, which shall be consisting of the number 46
454	454		of years of school completed by the biological parents at the time of the 47
455	455		minor's birth; andbirth. 48
456	456		(5) General physical appearance of the biological parents. 49
457	457		In addition, the written document must shall also include all reasonably available nonidentifying 50
458	458		information about the health of the minor, the biological parents, and other members of the 51 General Assembly Of North Carolina Session 2025
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460	460		biological parents' families that is relevant to the adoption decision or to the minor's health and 1
461	461		development. This health-related information shall include each such individual's present state 2
462	462		of physical and mental health, health and genetic histories, and information concerning any 3
463	463		history of emotional, physical, sexual, or substance abuse. This health-related information shall 4
464	464		also include an account of the prenatal and postnatal care received by the minor. The information 5
465	465		described in this subsection, if known, shall, upon written request of the minor, be made available 6
466	466		to the minor upon the minor reaching age 18 or upon the minor's marriage or emancipation. 7
467	467		(b) Information provided under this section, or any information directly or indirectly 8
468	468		derived from such the information, may shall not be used against the provider or against an 9
469	469		individual described in subsection (a) of this section who is the subject of the information in any 10
470	470		criminal action or any civil action for damages. In addition, information provided under this 11
471	471		section may shall not be admitted in evidence against the provider or against an individual 12
472	472		described in subsection (a) of this section who is the subject of the information in any other action 13
473	473		or proceeding. 14
474	474		(c) The agency placing the minor shall receive and preserve any additional health-related 15
475	475		information obtained after the preparation of the document described in subsection (a) of this 16
476	476		section. 17
477	477		(d) The Division shall develop and make available forms designed to collect the 18
478	478		information described in subsection (a) of this section. However, forms reasonably equivalent to 19
479	479		those provided by the Division may be substituted." 20
480	480		SECTION 2.(c) If a provision of this section or its application to a person or 21
481	481		circumstance is held invalid, the invalidity does not affect another provision or application that 22
482	482		can be given effect without the invalid provision. 23
483	483		SECTION 2.(d) The Revisor of Statutes shall cause to be printed, as annotations to 24
484	484		the published General Statutes, all relevant portions of the Official Comments to Article 3 of the 25
485	485		Uniform Unregulated Child Custody Transfer Act and all explanatory comments of the drafters 26
486	486		of this section as the Revisor may deem appropriate. 27
487	487		SECTION 2.(e) This section is effective when it becomes law and applies to 28
488	488		placement of a minor for adoption beginning 60 days after the effective date of this section. 29
489	489		30
490	490		PART III. EFFECTIVE DATE 31
491	491		SECTION 3. Except as otherwise provided, this act is effective when it becomes 32
492	492		law. 33