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North Carolina House Bill H795

North Carolina 2025-2026 Regular Session

North Carolina House Bill H795 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 795
3+H D
4+HOUSE BILL DRH30337-NB-112
5+
56
67
78 Short Title: Increased Access for Youth in Foster Families. (Public)
8-Sponsors: Representatives Loftis, Almond, Davis, and Penny (Primary Sponsors).
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
11-April 8, 2025
12-*H795 -v-1*
9+Sponsors: Representative Loftis.
10+Referred to:
11+
12+*DRH30337 -NB-112*
1313 A BILL TO BE ENTITLED 1
1414 AN ACT TO EXPAND GUARDIANSHIP ASSISTANCE PROGRAM ELIGIBILITY TO 2
1515 YOUTH TEN YEARS OF AGE. 3
1616 The General Assembly of North Carolina enacts: 4
1717 SECTION 1.(a) G.S. 108A-50.3 through G.S. 108A-50.9 are reserved for future 5
1818 codification purposes. 6
1919 SECTION 1.(b) G.S. 108A-24 reads as rewritten: 7
2020 "§ 108A-24. Definitions. 8
2121 As used in Chapter 108A: 9
2222 … 10
2323 (3a) "Division" is the Division of Social Services of the Department of Health and 11
2424 Human Services. 12
2525 (3a)(3b) "Electing County" means a county that elects to develop and is approved to 13
2626 administer a local Work First Program. 14
2727 (3b)(3c) "Employment" means work that requires either a contribution to FICA or the 15
2828 filing of a State N.C. Form D-400, or the equivalent. 16
2929 (3c)(3d) "Family" means a unit consisting of a minor child or children and one or more 17
3030 of their biological parents, adoptive parents, stepparents, or grandparents 18
3131 living together. For purposes of the Work First Program, family also includes 19
3232 a blood or half-blood relative or adoptive relative limited to brother, sister, 20
3333 great-grandparent, great-great-grandparent, uncle, aunt, great-uncle, 21
3434 great-aunt, great-great-uncle, great-great-aunt, nephew, niece, first cousin, 22
3535 stepbrother, and stepsister. 23
3636 (3d)(3e) "Federal TANF funds" means the Temporary Assistance for Needy Families 24
3737 block grant funds provided for in Title IV-A of the Social Security Act. 25
3838 (3e)(3f) "Fee-for-service program" means a payment model for the Medicaid program 26
3939 operated by the Department of Health and Human Services pursuant to its 27
4040 authority under Part 6 of Article 2 of Chapter 108A of the General Statutes in 28
4141 which the Department pays enrolled providers for services provided to 29
4242 Medicaid recipients rather than contracting for the coverage of services 30
4343 through a capitated payment arrangement. 31
4444 (3f)(3g) Repealed by Session Laws 2009-489, s. 1, effective August 26, 2009. 32
4545 (3g)(3h) "FICA" means the taxes imposed by the Federal Insurance Contribution Act, 33
46-26 U.S.C. § 3101, et seq. 34 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 795-First Edition
48-(3h)(3i) "Full-time employment" means employment which requires the employee to 1
49-work a regular schedule of hours per day and days per week established as the 2
50-standard full-time workweek by the employer, but not less than an average of 3
51-30 hours per week. 4
52-…." 5
53-SECTION 1.(c) Article 2 of Chapter 108A of the General Statutes is amended by 6
54-adding a new Part to read: 7
55-"Part 4A. Kinship Guardianship Assistance (KinGAP). 8
56-"§ 108A-50.10. Kinship guardianship assistance. 9
57-(a) Assistance. – The Division may provide for the financial support of children who 10
58-have exited foster care into relative guardianship that comply with 42 U.S.C. § 673. A child is 11
59-eligible for kinship guardianship assistance payments under this Part if the child meets the 12
60-requirements of subsection (b) of this section. 13
61-(b) Eligibility. – Until the child is 18 years of age, the child is eligible for kinship 14
62-guardianship assistance payments if all of the criteria are met: 15
63-(1) The child was removed from his or her home due to a voluntary placement 16
64-agreement or as a result of judicial determination to the effect that 17
65-continuation in the home would be contrary to the welfare of the child. 18
66-(2) The child was eligible for foster care maintenance payments pursuant to 42 19
67-U.S.C. § 672 while residing for at least six consecutive months in the home of 20
68-a licensed prospective relative guardian. "Relative" for the purposes of this 21
69-Part is a person related to the minor child by blood, marriage, adoption, or an 22
70-individual that has a substantial relationship with the minor child or the minor 23
71-child's parent prior to the child being placed in foster care. 24
72-(3) A determination has been made that reunification or adoption are not 25
73-appropriate options for the child. 26
74-(4) The child has attained 10 years of age and demonstrates a strong attachment 27
75-to the prospective relative guardian and the relative guardian has a strong 28
76-commitment to caring permanently for the child. 29
77-(5) At the time of entry into the guardianship agreement, a North Carolina county 30
78-child welfare agency has placement and care of the child. 31
79-(6) If a child is 14 years of age, the child has been consulted regarding the kinship 32
80-guardianship arrangement. 33
81-(c) Continuation of Assistance. – Individuals or youth who exited foster care under a 34
82-guardianship assistance agreement may continue to receive kinship guardianship assistance 35
83-payments after attaining 18 years of age if (i) the individual or child attained 16 years of age 36
84-before the kinship guardianship assistance agreement became effective, (ii) he or she chooses to 37
85-continue receiving guardianship services until attaining 21 years of age, and (iii) the Division 38
86-determines that the individual or child meets any of the following: 39
87-(1) Is completing secondary education or a program leading to an equivalent 40
88-credential. 41
89-(2) Is enrolled in an institution that provides postsecondary or vocational 42
90-education. 43
91-(3) Is participating in a program or activity designed to promote or remove 44
92-barriers to employment. 45
93-(4) Is employed for at least 80 hours per month. 46
94-(5) Is incapable of completing the educational or employment requirements of 47
95-subdivisions (1) through (4) of this subsection due to a medical condition or 48
96-disability that is supported by regularly updated information in the case plan 49
97-for the individual. 50 General Assembly Of North Carolina Session 2025
98-House Bill 795-First Edition Page 3
99-(d) Sibling Eligibility. – A child is eligible for kinship guardianship assistance payments 1
100-if (i) the child has not yet attained 10 years of age, (ii) their sibling meets the requirements of this 2
101-Part for kinship guardianship assistance payments, and (iii) the county child welfare agency and 3
102-the prospective relative guardian agree on whether the guardianship arrangement is appropriate 4
103-for the sibling. 5
104-(e) In the event of the death or incapacity of the relative guardian, the eligibility of a child 6
105-to receive kinship guardianship assistance payments under this Part shall not be affected by 7
106-reason of the replacement of the relative guardian with a successor legal guardian identified in 8
107-the kinship guardianship assistance agreement entered into under this Part. 9
108-"§ 108A-50.11. Guardianship assistance. 10
109-(a) The Division may provide for the financial support of children who exit foster care 11
110-into legal guardianship with State funds allocated for foster care if the Division determines that 12
111-all of the following criteria are met: 13
112-(1) The child has attained 10 years of age and demonstrates a strong attachment 14
113-to the licensed prospective guardian and the prospective guardian has a strong 15
114-commitment to caring permanently for the child. 16
115-(2) The child is in a permanent family placement setting for at least six 17
116-consecutive months prior to the execution of the guardianship agreement. 18
117-(3) The prospective guardian is eligible to be appointed as a legal guardian 19
118-pursuant to G.S. 7B-600(b). 20
119-(4) The child is unlikely to achieve permanency through reunification or adoption. 21
120-(5) At the time of entry into the guardianship agreement, a North Carolina county 22
121-child welfare agency has placement and care of the child. 23
122-(6) If a child has attained 14 years of age, the child has been consulted regarding 24
123-the kinship guardianship arrangement. 25
124-(b) Individuals or youth who exited foster care under a guardianship assistance agreement 26
125-may continue to receive guardianship assistance payments after attaining 18 years of age if (i) 27
126-the individual or youth attained 16 years of age before the guardianship assistance agreement 28
127-became effective, (ii) he or she chooses to continue receiving guardianship services until attaining 29
128-21 years of age, and (iii) the Division determines that the individual or child meets any of the 30
129-following: 31
130-(1) Is completing secondary education or a program leading to an equivalent 32
131-credential. 33
132-(2) Is enrolled in an institution that provides postsecondary or vocational 34
133-education. 35
134-(3) Is participating in a program or activity designed to promote or remove 36
135-barriers to employment. 37
136-(4) Is employed for at least 80 hours per month. 38
137-(5) Is incapable of completing the educational or employment requirements of 39
138-subdivisions (1) through (4) of this subsection due to a medical condition or 40
139-disability that is supported by regularly updated information in the case plan 41
140-for the individual. 42
141-"§ 108A-50.12. Guardianship assistance agreement. 43
142-(a) In order to receive payments under this Part, the county child welfare agency shall (i) 44
143-negotiate and enter into a written, binding guardianship assistance agreement with the 45
144-prospective guardian of a child who meets the eligibility requirements of this Part and (ii) provide 46
145-the prospective guardian with a copy of the agreement. 47
146-(b) The guardianship agreement shall specify, at a minimum, all of the following: 48
147-(1) The amount of and manner in which each guardianship assistance payment 49
148-will be provided under the agreement, and the manner in which the payment 50
149-may be adjusted. 51 General Assembly Of North Carolina Session 2025
150-Page 4 House Bill 795-First Edition
151-(2) The additional services and assistance that the child and guardian will be 1
152-eligible for under the agreement. 2
153-(3) The procedure by which the guardian may apply for additional services as 3
154-needed. 4
155-(4) The State will pay the total cost of nonrecurring expenses associated with 5
156-obtaining legal guardianship of the child to the extent the total cost does not 6
157-exceed two thousand dollars ($2,000). 7
158-(c) A guardianship agreement entered into under this section shall provide that the 8
159-agreement shall remain in effect without regard to the State residency of the guardian. 9
160-"§ 108A-50.13. Reimbursement for guardians. 10
161-The guardianship assistance program rates shall reimburse legal and relative guardians for 11
162-room and board and be set at the same rate as the foster care room and board rates in accordance 12
163-with rates established under G.S. 108A-49.1." 13
164-SECTION 2. The Social Services Commission shall adopt temporary rules to 14
165-implement the provisions of this act. The temporary rules adopted under this act shall remain in 15
166-effect until permanent rules are adopted that replace those temporary rules. 16
167-SECTION 3. Section 1 of this act becomes effective July 1, 2025. The remainder of 17
168-this act is effective when it becomes law. 18
46+26 U.S.C. § 3101, et seq. 34
47+(3h)(3i) "Full-time employment" means employment which requires the employee to 35
48+work a regular schedule of hours per day and days per week established as the 36
49+H.B. 795
50+Apr 7, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH30337-NB-112
53+standard full-time workweek by the employer, but not less than an average of 1
54+30 hours per week. 2
55+…." 3
56+SECTION 1.(c) Article 2 of Chapter 108A of the General Statutes is amended by 4
57+adding a new Part to read: 5
58+"Part 4A. Kinship Guardianship Assistance (KinGAP). 6
59+"§ 108A-50.10. Kinship guardianship assistance. 7
60+(a) Assistance. – The Division may provide for the financial support of children who 8
61+have exited foster care into relative guardianship that comply with 42 U.S.C. § 673. A child is 9
62+eligible for kinship guardianship assistance payments under this Part if the child meets the 10
63+requirements of subsection (b) of this section. 11
64+(b) Eligibility. – Until the child is 18 years of age, the child is eligible for kinship 12
65+guardianship assistance payments if all of the criteria are met: 13
66+(1) The child was removed from his or her home due to a voluntary placement 14
67+agreement or as a result of judicial determination to the effect that 15
68+continuation in the home would be contrary to the welfare of the child. 16
69+(2) The child was eligible for foster care maintenance payments pursuant to 42 17
70+U.S.C. § 672 while residing for at least six consecutive months in the home of 18
71+a licensed prospective relative guardian. "Relative" for the purposes of this 19
72+Part is a person related to the minor child by blood, marriage, adoption, or an 20
73+individual that has a substantial relationship with the minor child or the minor 21
74+child's parent prior to the child being placed in foster care. 22
75+(3) A determination has been made that reunification or adoption are not 23
76+appropriate options for the child. 24
77+(4) The child has attained 10 years of age and demonstrates a strong attachment 25
78+to the prospective relative guardian and the relative guardian has a strong 26
79+commitment to caring permanently for the child. 27
80+(5) At the time of entry into the guardianship agreement, a North Carolina county 28
81+child welfare agency has placement and care of the child. 29
82+(6) If a child is 14 years of age, the child has been consulted regarding the kinship 30
83+guardianship arrangement. 31
84+(c) Continuation of Assistance. – Individuals or youth who exited foster care under a 32
85+guardianship assistance agreement may continue to receive kinship guardianship assistance 33
86+payments after attaining 18 years of age if (i) the individual or child attained 16 years of age 34
87+before the kinship guardianship assistance agreement became effective, (ii) he or she chooses to 35
88+continue receiving guardianship services until attaining 21 years of age, and (iii) the Division 36
89+determines that the individual or child meets any of the following: 37
90+(1) Is completing secondary education or a program leading to an equivalent 38
91+credential. 39
92+(2) Is enrolled in an institution that provides postsecondary or vocational 40
93+education. 41
94+(3) Is participating in a program or activity designed to promote or remove 42
95+barriers to employment. 43
96+(4) Is employed for at least 80 hours per month. 44
97+(5) Is incapable of completing the educational or employment requirements of 45
98+subdivisions (1) through (4) of this subsection due to a medical condition or 46
99+disability that is supported by regularly updated information in the case plan 47
100+for the individual. 48
101+(d) Sibling Eligibility. – A child is eligible for kinship guardianship assistance payments 49
102+if (i) the child has not yet attained 10 years of age, (ii) their sibling meets the requirements of this 50
103+Part for kinship guardianship assistance payments, and (iii) the county child welfare agency and 51 General Assembly Of North Carolina Session 2025
104+DRH30337-NB-112 Page 3
105+the prospective relative guardian agree on whether the guardianship arrangement is appropriate 1
106+for the sibling. 2
107+(e) In the event of the death or incapacity of the relative guardian, the eligibility of a child 3
108+to receive kinship guardianship assistance payments under this Part shall not be affected by 4
109+reason of the replacement of the relative guardian with a successor legal guardian identified in 5
110+the kinship guardianship assistance agreement entered into under this Part. 6
111+"§ 108A-50.11. Guardianship assistance. 7
112+(a) The Division may provide for the financial support of children who exit foster care 8
113+into legal guardianship with State funds allocated for foster care if the Division determines that 9
114+all of the following criteria are met: 10
115+(1) The child has attained 10 years of age and demonstrates a strong attachment 11
116+to the licensed prospective guardian and the prospective guardian has a strong 12
117+commitment to caring permanently for the child. 13
118+(2) The child is in a permanent family placement setting for at least six 14
119+consecutive months prior to the execution of the guardianship agreement. 15
120+(3) The prospective guardian is eligible to be appointed as a legal guardian 16
121+pursuant to G.S. 7B-600(b). 17
122+(4) The child is unlikely to achieve permanency through reunification or adoption. 18
123+(5) At the time of entry into the guardianship agreement, a North Carolina county 19
124+child welfare agency has placement and care of the child. 20
125+(6) If a child has attained 14 years of age, the child has been consulted regarding 21
126+the kinship guardianship arrangement. 22
127+(b) Individuals or youth who exited foster care under a guardianship assistance agreement 23
128+may continue to receive guardianship assistance payments after attaining 18 years of age if (i) 24
129+the individual or youth attained 16 years of age before the guardianship assistance agreement 25
130+became effective, (ii) he or she chooses to continue receiving guardianship services until attaining 26
131+21 years of age, and (iii) the Division determines that the individual or child meets any of the 27
132+following: 28
133+(1) Is completing secondary education or a program leading to an equivalent 29
134+credential. 30
135+(2) Is enrolled in an institution that provides postsecondary or vocational 31
136+education. 32
137+(3) Is participating in a program or activity designed to promote or remove 33
138+barriers to employment. 34
139+(4) Is employed for at least 80 hours per month. 35
140+(5) Is incapable of completing the educational or employment requirements of 36
141+subdivisions (1) through (4) of this subsection due to a medical condition or 37
142+disability that is supported by regularly updated information in the case plan 38
143+for the individual. 39
144+"§ 108A-50.12. Guardianship assistance agreement. 40
145+(a) In order to receive payments under this Part, the county child welfare agency shall (i) 41
146+negotiate and enter into a written, binding guardianship assistance agreement with the 42
147+prospective guardian of a child who meets the eligibility requirements of this Part and (ii) provide 43
148+the prospective guardian with a copy of the agreement. 44
149+(b) The guardianship agreement shall specify, at a minimum, all of the following: 45
150+(1) The amount of and manner in which each guardianship assistance payment 46
151+will be provided under the agreement, and the manner in which the payment 47
152+may be adjusted. 48
153+(2) The additional services and assistance that the child and guardian will be 49
154+eligible for under the agreement. 50 General Assembly Of North Carolina Session 2025
155+Page 4 DRH30337-NB-112
156+(3) The procedure by which the guardian may apply for additional services as 1
157+needed. 2
158+(4) The State will pay the total cost of nonrecurring expenses associated with 3
159+obtaining legal guardianship of the child to the extent the total cost does not 4
160+exceed two thousand dollars ($2,000). 5
161+(c) A guardianship agreement entered into under this section shall provide that the 6
162+agreement shall remain in effect without regard to the State residency of the guardian. 7
163+"§ 108A-50.13. Reimbursement for guardians. 8
164+The guardianship assistance program rates shall reimburse legal and relative guardians for 9
165+room and board and be set at the same rate as the foster care room and board rates in accordance 10
166+with rates established under G.S. 108A-49.1." 11
167+SECTION 2. The Social Services Commission shall adopt temporary rules to 12
168+implement the provisions of this act. The temporary rules adopted under this act shall remain in 13
169+effect until permanent rules are adopted that replace those temporary rules. 14
170+SECTION 3. Section 1 of this act becomes effective July 1, 2025. The remainder of 15
171+this act is effective when it becomes law. 16