GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 648
Committee Substitute Favorable 4/15/25
Short Title: Disposition Placement/Findings of Fact. (Public)
Sponsors:
Referred to:
April 2, 2025
*H648 -v-2*
A BILL TO BE ENTITLED 1
AN ACT TO CLARIFY DI SPOSITION PLACEMENT ANALYSIS AND REQUIRE 2
WRITTEN FINDINGS OF FACT. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 7B-903 reads as rewritten: 5
"ยง 7B-903. Dispositional alternatives for abused, neglected, or dependent juvenile. 6
(a) The following alternatives for disposition shall be available to any court exercising 7
jurisdiction, and the court may combine any of the applicable alternatives when the court finds 8
the disposition to be in the best interests of the juvenile: 9
(1) Dismiss the case or continue the case in order to allow the parent, guardian, 10
custodian, caretaker or others to take appropriate action. 11
(2) Require that the juvenile be supervised in the juvenile's own home by the 12
department of social services in the juvenile's county or by another individual 13
as may be available to the court, subject to conditions applicable to the parent, 14
guardian, custodian, or caretaker as the court may specify. 15
(3) Repealed by Session Laws 2015-136, s. 10, effective October 1, 2015, and 16
applicable to actions filed or pending on or after that date. 17
(4) Place the juvenile in the custody of a parent, relative, private agency offering 18
placement services, or some other suitable person. If the court determines that 19
the juvenile should be placed in the custody of an individual other than a 20
parent, the court shall verify that the person receiving custody of the juvenile 21
understands the legal significance of the placement and will have adequate 22
resources to care appropriately for the juvenile. The fact that the prospective 23
custodian has provided a stable placement for the juvenile for at least six 24
consecutive months is evidence that the person has adequate resources. 25
(5) Appoint a guardian of the person for the juvenile as provided in G.S. 7B-600. 26
(6) Place the juvenile in the custody of the department of social services in the 27
county of the juvenile's residence. In the case of a juvenile who has legal 28
residence outside the State, the court may place the juvenile in the physical 29
custody of the department of social services in the county where the juvenile 30
is found so that agency may return the juvenile to the responsible authorities 31
in the juvenile's home state. 32
(a1) In placing a juvenile in out-of-home care under this section, the court shall first 33
consider determine whether a relative of the juvenile is willing and able to provide proper care 34
and supervision of the juvenile in a safe home. If the court finds that the relative is willing and 35
able to provide proper care and supervision in a safe home, then the court shall order placement 36 General Assembly Of North Carolina Session 2025
Page 2 House Bill 648-Second Edition
of the juvenile with the relative unless the court finds determines that the placement is contrary 1
to the best interests of the juvenile. If the juvenile has been placed in out-of-home care with a 2
non-relative, the court may compare all placement options to determine which placement option 3
is in the juvenile's best interest. 4
In placing a juvenile in out-of-home care under this section, the court shall also consider 5
whether it is in the juvenile's best interest to remain in the juvenile's community of residence. 6
Placement of a juvenile with a relative outside of this State must be in accordance with the 7
Interstate Compact on the Placement of Children. 8
(a2) An order under this section placing or continuing the placement of the juvenile in 9
out-of-home care shall contain a finding that the juvenile's continuation in or return to the 10
juvenile's own home would be contrary to the juvenile's health and safety. 11
(a3) An order under this section placing the juvenile in out-of-home care shall contain 12
specific findings as to whether the department has made reasonable efforts to prevent the need 13
for placement of the juvenile. In determining whether efforts to prevent the placement of the 14
juvenile were reasonable, the juvenile's health and safety shall be the paramount concern. 15
The court may find that efforts to prevent the need for the juvenile's placement were 16
precluded by an immediate threat of harm to the juvenile. A finding that reasonable efforts were 17
not made by a county department of social services shall not preclude the entry of an order 18
authorizing the juvenile's placement when the court finds that placement is necessary for the 19
protection of the juvenile. 20
(a4) If the court does not place the juvenile with a relative, the court may consider whether 21
an appropriate former foster parent, nonrelative kin kin, or other persons with legal custody of a 22
sibling of the juvenile are willing and able to provide proper care and supervision of the juvenile 23
in a safe home. The court may order the department to notify the juvenile's State-recognized tribe 24
of the need for custodial care for the purpose of locating relatives or nonrelative kin for 25
placement. The court may order placement of the juvenile with an appropriate former foster 26
parent, nonrelative kin kin, or other persons with legal custody of a sibling of the juvenile if the 27
court finds the placement is in the juvenile's best interests. 28
(a5) In placing a juvenile in out-of-home care under this section, the court shall also 29
determine whether it is in the juvenile's best interest to remain in the juvenile's community of 30
residence and make written findings of fact to support that determination. Placement of a juvenile 31
with a relative outside of this State must be in accordance with the Interstate Compact on the 32
Placement of Children. 33
(b) When the court has found that a juvenile has suffered physical abuse and that the 34
individual responsible for the abuse has a history of violent behavior against people, the court 35
shall consider the opinion of the mental health professional who performed an evaluation under 36
G.S. 7B-503(b) before returning the juvenile to the custody of that individual. 37
(c) Repealed by Session Laws 2015-136, s. 10, effective October 1, 2015, and applicable 38
to actions filed or pending on or after that date. 39
(d) The court may order that the juvenile be examined by a physician, psychiatrist, 40
psychologist, or other qualified expert as may be needed for the court to determine the needs of 41
the juvenile. Upon completion of the examination, the court shall conduct a hearing to determine 42
whether the juvenile is in need of medical, surgical, psychiatric, psychological, or other treatment 43
and who should pay the cost of the treatment. The county manager, or such person who shall be 44
designated by the chairman of the county commissioners, of the juvenile's residence shall be 45
notified of the hearing and allowed to be heard. Subject to G.S. 7B-903.1, if the court finds the 46
juvenile to be in need of medical, surgical, psychiatric, psychological, or other treatment, the 47
court shall permit the parent or other responsible persons to arrange for treatment. If the parent 48
declines or is unable to make necessary arrangements, the court may order the needed treatment, 49
surgery, or care and the court may order the parent to pay the cost of the care pursuant to 50
G.S. 7B-904. If the court finds the parent is unable to pay the cost of treatment, the court shall 51 General Assembly Of North Carolina Session 2025
House Bill 648-Second Edition Page 3
order the county to arrange for treatment of the juvenile and to pay for the cost of the treatment. 1
The county department of social services shall recommend the facility that will provide the 2
juvenile with treatment. 3
(e) If the court determines that the juvenile may be mentally ill or developmentally 4
disabled, the court may order the county department of social services to coordinate with the 5
appropriate representative of the area mental health, developmental disabilities, and substance 6
abuse services authority or other managed care organization responsible for managing public 7
funds for mental health and developmental disabilities to develop a treatment plan for the 8
juvenile. The court shall not commit a juvenile directly to a State hospital or developmental center 9
for persons with intellectual and developmental disabilities and orders purporting to commit a 10
juvenile directly to a State hospital or developmental center for persons with intellectual and 11
developmental disabilities shall be void and of no effect. If the court determines that 12
institutionalization is the best service for the juvenile, admission shall be with the voluntary 13
consent of the parent, guardian, or custodian. If the parent, guardian, or custodian refuses to 14
consent to admission to a mental hospital or developmental center for persons with intellectual 15
and developmental disabilities, the signature and consent of the court may be substituted for that 16
purpose. A State hospital or developmental center for persons with intellectual and 17
developmental disabilities that refuses admission to a juvenile referred for admission by a court, 18
or discharges a juvenile previously admitted on court referral prior to completion of treatment, 19
shall submit to the court a written report setting out the reasons for denial of admission or 20
discharge and setting out the juvenile's diagnosis, indications of mental illness or intellectual and 21
developmental disabilities, indications of need for treatment, and a statement as to the location 22
of any facility known to have a treatment program for the juvenile in question. 23
(f) All findings and determinations made by the court pursuant to this section shall be 24
supported by written findings of fact." 25
SECTION 2. This act becomes effective October 1, 2025, and applies to actions 26
filed on or after that date. 27