NC
North Carolina House Bill H648

North Carolina 2025-2026 Regular Session

North Carolina House Bill H648 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 2
3+H 1
44 HOUSE BILL 648
5-Committee Substitute Favorable 4/15/25
65
7-Short Title: Disposition Placement/Findings of Fact. (Public)
8-Sponsors:
9-Referred to:
6+
7+Short Title: Clarify Nonrelative Placement Timing. (Public)
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, Rules, Calendar, and Operations of the House
1011 April 2, 2025
11-*H648 -v-2*
12+*H648 -v-1*
1213 A BILL TO BE ENTITLED 1
13-AN ACT TO CLARIFY DI SPOSITION PLACEMENT ANALYSIS AND REQUIRE 2
14-WRITTEN FINDINGS OF FACT. 3
14+AN ACT TO CLARIFY TH E APPROPRIATE TIMING FOR CONSIDERING 2
15+NONRELATIVE PLACEMEN T FOR NONSECURE CUSTODY AND DISPOSITION. 3
1516 The General Assembly of North Carolina enacts: 4
1617 SECTION 1. G.S. 7B-903 reads as rewritten: 5
1718 "§ 7B-903. Dispositional alternatives for abused, neglected, or dependent juvenile. 6
1819 (a) The following alternatives for disposition shall be available to any court exercising 7
1920 jurisdiction, and the court may combine any of the applicable alternatives when the court finds 8
2021 the disposition to be in the best interests of the juvenile: 9
2122 (1) Dismiss the case or continue the case in order to allow the parent, guardian, 10
2223 custodian, caretaker or others to take appropriate action. 11
2324 (2) Require that the juvenile be supervised in the juvenile's own home by the 12
2425 department of social services in the juvenile's county or by another individual 13
2526 as may be available to the court, subject to conditions applicable to the parent, 14
2627 guardian, custodian, or caretaker as the court may specify. 15
2728 (3) Repealed by Session Laws 2015-136, s. 10, effective October 1, 2015, and 16
2829 applicable to actions filed or pending on or after that date. 17
2930 (4) Place the juvenile in the custody of a parent, relative, private agency offering 18
3031 placement services, or some other suitable person. If the court determines that 19
3132 the juvenile should be placed in the custody of an individual other than a 20
3233 parent, the court shall verify that the person receiving custody of the juvenile 21
3334 understands the legal significance of the placement and will have adequate 22
3435 resources to care appropriately for the juvenile. The fact that the prospective 23
3536 custodian has provided a stable placement for the juvenile for at least six 24
3637 consecutive months is evidence that the person has adequate resources. 25
3738 (5) Appoint a guardian of the person for the juvenile as provided in G.S. 7B-600. 26
3839 (6) Place the juvenile in the custody of the department of social services in the 27
3940 county of the juvenile's residence. In the case of a juvenile who has legal 28
4041 residence outside the State, the court may place the juvenile in the physical 29
4142 custody of the department of social services in the county where the juvenile 30
4243 is found so that agency may return the juvenile to the responsible authorities 31
4344 in the juvenile's home state. 32
4445 (a1) In placing a juvenile in out-of-home care under this section, the court shall first 33
45-consider determine whether a relative of the juvenile is willing and able to provide proper care 34
46-and supervision of the juvenile in a safe home. If the court finds that the relative is willing and 35
47-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
48-Page 2 House Bill 648-Second Edition
49-of the juvenile with the relative unless the court finds determines that the placement is contrary 1
50-to the best interests of the juvenile. If the juvenile has been placed in out-of-home care with a 2
51-non-relative, the court may compare all placement options to determine which placement option 3
52-is in the juvenile's best interest. 4
53-In placing a juvenile in out-of-home care under this section, the court shall also consider 5
54-whether it is in the juvenile's best interest to remain in the juvenile's community of residence. 6
55-Placement of a juvenile with a relative outside of this State must be in accordance with the 7
56-Interstate Compact on the Placement of Children. 8
57-(a2) An order under this section placing or continuing the placement of the juvenile in 9
58-out-of-home care shall contain a finding that the juvenile's continuation in or return to the 10
59-juvenile's own home would be contrary to the juvenile's health and safety. 11
60-(a3) An order under this section placing the juvenile in out-of-home care shall contain 12
61-specific findings as to whether the department has made reasonable efforts to prevent the need 13
62-for placement of the juvenile. In determining whether efforts to prevent the placement of the 14
63-juvenile were reasonable, the juvenile's health and safety shall be the paramount concern. 15
64-The court may find that efforts to prevent the need for the juvenile's placement were 16
65-precluded by an immediate threat of harm to the juvenile. A finding that reasonable efforts were 17
66-not made by a county department of social services shall not preclude the entry of an order 18
67-authorizing the juvenile's placement when the court finds that placement is necessary for the 19
68-protection of the juvenile. 20
69-(a4) If the court does not place the juvenile with a relative, the court may consider whether 21
70-an appropriate former foster parent, nonrelative kin kin, or other persons with legal custody of a 22
71-sibling of the juvenile are willing and able to provide proper care and supervision of the juvenile 23
72-in a safe home. The court may order the department to notify the juvenile's State-recognized tribe 24
73-of the need for custodial care for the purpose of locating relatives or nonrelative kin for 25
74-placement. The court may order placement of the juvenile with an appropriate former foster 26
75-parent, nonrelative kin kin, or other persons with legal custody of a sibling of the juvenile if the 27
76-court finds the placement is in the juvenile's best interests. 28
77-(a5) In placing a juvenile in out-of-home care under this section, the court shall also 29
78-determine whether it is in the juvenile's best interest to remain in the juvenile's community of 30
79-residence and make written findings of fact to support that determination. Placement of a juvenile 31
80-with a relative outside of this State must be in accordance with the Interstate Compact on the 32
81-Placement of Children. 33
82-(b) When the court has found that a juvenile has suffered physical abuse and that the 34
83-individual responsible for the abuse has a history of violent behavior against people, the court 35
84-shall consider the opinion of the mental health professional who performed an evaluation under 36
85-G.S. 7B-503(b) before returning the juvenile to the custody of that individual. 37
86-(c) Repealed by Session Laws 2015-136, s. 10, effective October 1, 2015, and applicable 38
87-to actions filed or pending on or after that date. 39
88-(d) The court may order that the juvenile be examined by a physician, psychiatrist, 40
89-psychologist, or other qualified expert as may be needed for the court to determine the needs of 41
90-the juvenile. Upon completion of the examination, the court shall conduct a hearing to determine 42
91-whether the juvenile is in need of medical, surgical, psychiatric, psychological, or other treatment 43
92-and who should pay the cost of the treatment. The county manager, or such person who shall be 44
93-designated by the chairman of the county commissioners, of the juvenile's residence shall be 45
94-notified of the hearing and allowed to be heard. Subject to G.S. 7B-903.1, if the court finds the 46
95-juvenile to be in need of medical, surgical, psychiatric, psychological, or other treatment, the 47
96-court shall permit the parent or other responsible persons to arrange for treatment. If the parent 48
97-declines or is unable to make necessary arrangements, the court may order the needed treatment, 49
98-surgery, or care and the court may order the parent to pay the cost of the care pursuant to 50
99-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
100-House Bill 648-Second Edition Page 3
101-order the county to arrange for treatment of the juvenile and to pay for the cost of the treatment. 1
102-The county department of social services shall recommend the facility that will provide the 2
103-juvenile with treatment. 3
104-(e) If the court determines that the juvenile may be mentally ill or developmentally 4
105-disabled, the court may order the county department of social services to coordinate with the 5
106-appropriate representative of the area mental health, developmental disabilities, and substance 6
107-abuse services authority or other managed care organization responsible for managing public 7
108-funds for mental health and developmental disabilities to develop a treatment plan for the 8
109-juvenile. The court shall not commit a juvenile directly to a State hospital or developmental center 9
110-for persons with intellectual and developmental disabilities and orders purporting to commit a 10
111-juvenile directly to a State hospital or developmental center for persons with intellectual and 11
112-developmental disabilities shall be void and of no effect. If the court determines that 12
113-institutionalization is the best service for the juvenile, admission shall be with the voluntary 13
114-consent of the parent, guardian, or custodian. If the parent, guardian, or custodian refuses to 14
115-consent to admission to a mental hospital or developmental center for persons with intellectual 15
116-and developmental disabilities, the signature and consent of the court may be substituted for that 16
117-purpose. A State hospital or developmental center for persons with intellectual and 17
118-developmental disabilities that refuses admission to a juvenile referred for admission by a court, 18
119-or discharges a juvenile previously admitted on court referral prior to completion of treatment, 19
120-shall submit to the court a written report setting out the reasons for denial of admission or 20
121-discharge and setting out the juvenile's diagnosis, indications of mental illness or intellectual and 21
122-developmental disabilities, indications of need for treatment, and a statement as to the location 22
123-of any facility known to have a treatment program for the juvenile in question. 23
124-(f) All findings and determinations made by the court pursuant to this section shall be 24
125-supported by written findings of fact." 25
126-SECTION 2. This act becomes effective October 1, 2025, and applies to actions 26
127-filed on or after that date. 27
46+consider whether a relative of the juvenile is willing and able to provide proper care and 34
47+supervision of the juvenile in a safe home. If the court finds that the relative is willing and able 35 General Assembly Of North Carolina Session 2025
48+Page 2 House Bill 648-First Edition
49+to provide proper care and supervision in a safe home, then the court shall order placement of the 1
50+juvenile with the relative unless the court finds that the placement is contrary to the best interests 2
51+of the juvenile. The court shall not consider out-of-home placement with a nonrelative unless the 3
52+court makes a determination supported by findings of fact that one of the following conditions is 4
53+met: 5
54+(1) There is no relative willing and able to provide proper care and supervision of 6
55+the juvenile in a safe home. 7
56+(2) Placement with a relative who is willing and able to provide proper care and 8
57+supervision of the juvenile in a safe home would be contrary to the juvenile's 9
58+best interest. 10
59+In placing a juvenile in out-of-home care under this section, the court shall also consider 11
60+whether it is in the juvenile's best interest to remain in the juvenile's community of residence. 12
61+Placement of a juvenile with a relative outside of this State must be in accordance with the 13
62+Interstate Compact on the Placement of Children. 14
63+(a2) An order under this section placing or continuing the placement of the juvenile in 15
64+out-of-home care shall contain a finding that the juvenile's continuation in or return to the 16
65+juvenile's own home would be contrary to the juvenile's health and safety. 17
66+(a3) An order under this section placing the juvenile in out-of-home care shall contain 18
67+specific findings as to whether the department has made reasonable efforts to prevent the need 19
68+for placement of the juvenile. In determining whether efforts to prevent the placement of the 20
69+juvenile were reasonable, the juvenile's health and safety shall be the paramount concern. 21
70+The court may find that efforts to prevent the need for the juvenile's placement were 22
71+precluded by an immediate threat of harm to the juvenile. A finding that reasonable efforts were 23
72+not made by a county department of social services shall not preclude the entry of an order 24
73+authorizing the juvenile's placement when the court finds that placement is necessary for the 25
74+protection of the juvenile. 26
75+(a4) If the court does not place the juvenile with a relative, the court may consider whether 27
76+an appropriate former foster parent, nonrelative kin kin, or other persons with legal custody of a 28
77+sibling of the juvenile are willing and able to provide proper care and supervision of the juvenile 29
78+in a safe home. The court may order the department to notify the juvenile's State-recognized tribe 30
79+of the need for custodial care for the purpose of locating relatives or nonrelative kin for 31
80+placement. The court may order placement of the juvenile with an appropriate former foster 32
81+parent, nonrelative kin kin, or other persons with legal custody of a sibling of the juvenile if the 33
82+court finds the placement is in the juvenile's best interests. 34
83+(a5) In placing a juvenile in out-of-home care under this section, the court shall also 35
84+consider whether it is in the juvenile's best interest to remain in the juvenile's community of 36
85+residence. Placement of a juvenile with a relative outside of this State must be in accordance with 37
86+the Interstate Compact on the Placement of Children. 38
87+(b) When the court has found that a juvenile has suffered physical abuse and that the 39
88+individual responsible for the abuse has a history of violent behavior against people, the court 40
89+shall consider the opinion of the mental health professional who performed an evaluation under 41
90+G.S. 7B-503(b) before returning the juvenile to the custody of that individual. 42
91+(c) Repealed by Session Laws 2015-136, s. 10, effective October 1, 2015, and applicable 43
92+to actions filed or pending on or after that date. 44
93+(d) The court may order that the juvenile be examined by a physician, psychiatrist, 45
94+psychologist, or other qualified expert as may be needed for the court to determine the needs of 46
95+the juvenile. Upon completion of the examination, the court shall conduct a hearing to determine 47
96+whether the juvenile is in need of medical, surgical, psychiatric, psychological, or other treatment 48
97+and who should pay the cost of the treatment. The county manager, or such person who shall be 49
98+designated by the chairman of the county commissioners, of the juvenile's residence shall be 50
99+notified of the hearing and allowed to be heard. Subject to G.S. 7B-903.1, if the court finds the 51 General Assembly Of North Carolina Session 2025
100+House Bill 648-First Edition Page 3
101+juvenile to be in need of medical, surgical, psychiatric, psychological, or other treatment, the 1
102+court shall permit the parent or other responsible persons to arrange for treatment. If the parent 2
103+declines or is unable to make necessary arrangements, the court may order the needed treatment, 3
104+surgery, or care and the court may order the parent to pay the cost of the care pursuant to 4
105+G.S. 7B-904. If the court finds the parent is unable to pay the cost of treatment, the court shall 5
106+order the county to arrange for treatment of the juvenile and to pay for the cost of the treatment. 6
107+The county department of social services shall recommend the facility that will provide the 7
108+juvenile with treatment. 8
109+(e) If the court determines that the juvenile may be mentally ill or developmentally 9
110+disabled, the court may order the county department of social services to coordinate with the 10
111+appropriate representative of the area mental health, developmental disabilities, and substance 11
112+abuse services authority or other managed care organization responsible for managing public 12
113+funds for mental health and developmental disabilities to develop a treatment plan for the 13
114+juvenile. The court shall not commit a juvenile directly to a State hospital or developmental center 14
115+for persons with intellectual and developmental disabilities and orders purporting to commit a 15
116+juvenile directly to a State hospital or developmental center for persons with intellectual and 16
117+developmental disabilities shall be void and of no effect. If the court determines that 17
118+institutionalization is the best service for the juvenile, admission shall be with the voluntary 18
119+consent of the parent, guardian, or custodian. If the parent, guardian, or custodian refuses to 19
120+consent to admission to a mental hospital or developmental center for persons with intellectual 20
121+and developmental disabilities, the signature and consent of the court may be substituted for that 21
122+purpose. A State hospital or developmental center for persons with intellectual and 22
123+developmental disabilities that refuses admission to a juvenile referred for admission by a court, 23
124+or discharges a juvenile previously admitted on court referral prior to completion of treatment, 24
125+shall submit to the court a written report setting out the reasons for denial of admission or 25
126+discharge and setting out the juvenile's diagnosis, indications of mental illness or intellectual and 26
127+developmental disabilities, indications of need for treatment, and a statement as to the location 27
128+of any facility known to have a treatment program for the juvenile in question." 28
129+SECTION 2. G.S. 7B-505 reads as rewritten: 29
130+"§ 7B-505. Placement while in nonsecure custody. 30
131+(a) A juvenile meeting the criteria set out in G.S. 7B-503 may be placed in nonsecure 31
132+custody with the department of social services or a person designated in the order for temporary 32
133+residential placement in any of the following: 33
134+(1) A licensed foster home or a home otherwise authorized by law to provide such 34
135+care. 35
136+(2) A facility operated by the department of social services. 36
137+(3) Any other home or facility, including the home of a parent, relative, 37
138+nonrelative kin, or other person with legal custody of a sibling of the juvenile, 38
139+approved by the court and designated in the order. 39
140+(a1) If juvenile siblings are removed from the home and placed in the nonsecure custody 40
141+of a county department of social services, the director shall make reasonable efforts to place the 41
142+juvenile siblings in the same home. The director is not required to make reasonable efforts under 42
143+this subsection if the director documents that placing the juvenile siblings would be contrary to 43
144+the safety or well-being of any of the juvenile siblings. If, after making reasonable efforts, the 44
145+director is unable to place the juvenile siblings in the same home, the director shall make 45
146+reasonable efforts to provide frequent sibling visitation and ongoing interaction between the 46
147+juvenile siblings, unless the director documents that frequent visitation or other ongoing 47
148+interaction between the juvenile siblings would be contrary to the safety or well-being of any of 48
149+the juvenile siblings. 49
150+(b) The court shall order the department of social services to make diligent efforts to 50
151+notify relatives and other persons with legal custody of a sibling of the juvenile that the juvenile 51 General Assembly Of North Carolina Session 2025
152+Page 4 House Bill 648-First Edition
153+is in nonsecure custody and of any hearings scheduled to occur pursuant to G.S. 7B-506, unless 1
154+the court finds the notification would be contrary to the best interests of the juvenile. The 2
155+department of social services shall use due diligence to identify and notify adult relatives and 3
156+other persons with legal custody of a sibling of the juvenile within 30 days after the initial order 4
157+removing custody. The department shall file with the court information regarding attempts made 5
158+to identify and notify adult relatives of the juvenile and persons with legal custody of a sibling 6
159+of the juvenile. In placing a juvenile in nonsecure custody under this section, the court shall first 7
160+consider whether a relative of the juvenile is willing and able to provide proper care and 8
161+supervision of the juvenile in a safe home. If the court finds that the relative is willing and able 9
162+to provide proper care and supervision in a safe home, then the court shall order placement of the 10
163+juvenile with the relative unless the court finds that placement with the relative would be contrary 11
164+to the best interests of the juvenile. The court shall not consider out-of-home placement with a 12
165+nonrelative unless the court makes a determination supported by findings of fact that one of the 13
166+following conditions is met: 14
167+(1) There is no relative willing and able to provide proper care and supervision of 15
168+the juvenile in a safe home. 16
169+(2) Placement with a relative who is willing and able to provide proper care and 17
170+supervision of the juvenile in a safe home would be contrary to the juvenile's 18
171+best interest. 19
172+(c) If the court does not place the juvenile with a relative, the court may consider whether 20
173+nonrelative kin or other persons with legal custody of a sibling of the juvenile are willing and 21
174+able to provide proper care and supervision of the juvenile in a safe home. The court may order 22
175+the department to notify the juvenile's State-recognized tribe of the need for nonsecure custody 23
176+for the purpose of locating relatives or nonrelative kin for placement. The court may order 24
177+placement of the juvenile with nonrelative kin if the court finds the placement is in the juvenile's 25
178+best interests. 26
179+(c1) If the court does not place the juvenile with a relative, the court may consider whether 27
180+an appropriate former foster parent, nonrelative kin, or other persons with legal custody of a 28
181+sibling of the juvenile are willing and able to provide proper care and supervision of the juvenile 29
182+in a safe home. The court may order the department to notify the juvenile's State-recognized tribe 30
183+of the need for nonsecure custody for the purpose of locating relatives or nonrelative kin for 31
184+placement. The court may order placement of the juvenile with an appropriate former foster 32
185+parent, nonrelative kin kin, or other persons with legal custody of a sibling of the juvenile if the 33
186+court finds the placement is in the juvenile's best interests. 34
187+(d) In placing a juvenile in nonsecure custody under this section, the court shall also 35
188+consider whether it is in the juvenile's best interest to remain in the juvenile's community of 36
189+residence. In placing a juvenile in nonsecure custody under this section, the court shall consider 37
190+the Indian Child Welfare Act, Pub. L. No. 95-608, 25 U.S.C. §§ 1901, et seq., as amended, and 38
191+the Howard M. Metzenbaum Multiethnic Placement Act of 1994, Pub. L. No. 103-382, 108 Stat. 39
192+4056, as amended, as they may apply. Placement of a juvenile with a relative outside of this State 40
193+must be in accordance with the Interstate Compact on the Placement of Children, Article 38 of 41
194+this Chapter." 42
195+SECTION 3. This act is effective October 1, 2025, for actions filed on or after that 43
196+date. 44