STATE STATUTE LINKS:
http://www.childwelfare.gov/systemwide/laws_policies/state/
North Carolina
Child Abuse and Neglect
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.
Circumstances That Constitute Witnessing
Citation: Gen. Stat. § 14-33(d)
[In criminal law] ''In the presence of a minor'' means that the minor was in a position to have observed the assault.
A ''minor'' is any person under age 18 who is residing with or is under the care and supervision of, and who has a personal relationship with, the person assaulted or the person committing the assault.
Consequences
Citation: Gen. Stat. § 14-33(d)
Any person who, in the course of an assault, assault and battery, or affray, inflicts serious injury upon another person, or uses a deadly weapon on a person with whom the person has a personal relationship, and in the presence of a minor, is guilty of a Class A1 misdemeanor. Upon conviction, the person shall be:
Placed on supervised probation in addition to any other punishment imposed by the court
Sentenced to an active punishment of no less than 30 days in addition to any other punishment imposed by the court for a second or subsequent violation
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Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.
Citation: N.C. Gen. Stat. § 7B-301 (LexisNexis through 2006 Reg. Sess.)
Any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent, or has died as the result of maltreatment, shall report the case of that juvenile to the director of the Department of Social Services in the county where the juvenile resides or is found.
Citation: N.C. Gen. Stat. § 7B-310 (LexisNexis through 2006 Reg. Sess.)
No privilege shall be grounds for any person or institution failing to report that a juvenile may have been abused, neglected, or dependent, even if the knowledge or suspicion is acquired in an official professional capacity, except when the knowledge is gained by an attorney from that attorney's client during representation only in the abuse, neglect, or dependency case.
No privilege, except the attorney-client privilege, shall be grounds for excluding evidence of abuse, neglect, or dependency in any judicial proceeding (civil, criminal, or juvenile) in which a juvenile's abuse, neglect, or dependency is in issue nor in any judicial proceeding resulting from a report submitted under this Article, both as the privilege relates to the competency of the witness and to the exclusion of confidential communications.
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Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.
N.C. Gen. Stat. § 7B-301 (LexisNexis through 2007 1st Ex. Sess.)
Upon receipt of any report of sexual abuse of the juvenile in a child care facility, the director of the Department of Social Services shall notify the State Bureau of Investigation within 24 hours or on the next workday. If sexual abuse in a child care facility is not alleged in the initial report, but during the course of the assessment there is reason to suspect that sexual abuse has occurred, the director shall immediately notify the State Bureau of Investigation. Upon notification that sexual abuse may have occurred in a child care facility, the State Bureau of Investigation may form a task force to investigate the report.
N.C. Gen. Stat. § 7B-307(a) (LexisNexis through 2007 1st Ex. Sess.)
If the director of the Department of Social Services finds evidence that a juvenile may have been abused, the director shall make an immediate oral and subsequent written report of the findings to the district attorney or the district attorney's designee and the appropriate local law enforcement agency within 48 hours after the receipt of the report.
The local law enforcement agency shall immediately, but no later than 48 hours after receipt of a report of abuse, initiate and coordinate a criminal investigation with the protective services assessment being conducted by the county Department of Social Services. Upon completion of the investigation, the district attorney shall determine whether criminal prosecution is appropriate and may request the director or the director's designee to appear before a magistrate.
If the director of the Department of Social Services receives information that a juvenile may have been physically harmed in violation of any criminal statute by any person other than the juvenile's parent, guardian, custodian, or caretaker, the director shall make an immediate oral report and subsequent written report of that information to the district attorney or the district attorney's designee and to the appropriate local law enforcement agency within 48 hours after receipt of the information.
The local law enforcement agency shall immediately, but no later than 48 hours after receipt of the information, initiate a criminal investigation. Upon completion of the investigation, the district attorney shall determine whether criminal prosecution is appropriate.
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Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.
Physical Abuse
Citation: Gen. Stat. § 7B-101
Abused juvenile means any child less than age 18 whose parent, guardian, custodian, or caretaker:
Inflicts or allows to be inflicted upon the child a serious physical injury by other than accidental means
Creates or allows to be created a substantial risk of serious physical injury to the child by other than accidental means
Uses or allows to be used upon the child cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior
Neglect
Citation: Gen. Stat. § 7B-101
Neglected juvenile means a child:
Who does not receive proper care, supervision, or discipline from the child's parent, guardian, custodian, or caretaker
Who is not provided necessary medical or remedial care
Who lives in an environment injurious to the child's welfare
Who has been placed for care or adoption in violation of law
In determining whether a child is a neglected juvenile, it is relevant whether that child lives in a home where another child has been subjected to abuse or neglect by an adult who regularly lives in the home.
Sexual Abuse
Citation: Gen. Stat. § 7B-101
Abused juvenile means any child less than age 18 whose parent, guardian, custodian, or caretaker commits, permits, or encourages the commission of a violation of the following laws regarding sexual offenses by, with, or upon the child:
First and second degree rape or sexual offense
Sexual act by a custodian
Crime against nature or incest
Preparation of obscene photographs, slides, or motion pictures of the child
Employing or permitting the child to assist in a violation of the obscenity laws
Dissemination of obscene material to the child
Displaying or disseminating material harmful to the child
First and second degree sexual exploitation of the child
Promoting the prostitution of the child
Taking indecent liberties with the child
Emotional Abuse
Citation: Gen. Stat. § 7B-101
Abused juvenile means any child less than age 18 whose parent, guardian, custodian, or caretaker creates or allows to be created serious emotional damage to the child. Serious emotional damage is evidenced by a child's severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others.
Abandonment
Citation: Gen. Stat. § 7B-101
Neglected juvenile includes a child who has been abandoned.
Standards for Reporting
Citation: Gen. Stat. § 7B-101
A report is required when the person responsible for the child creates or allows to be created risk of injury to the child.
Persons Responsible for the Child
Citation: Gen. Stat. § 7B-101
A person responsible for a child's health and welfare means:
A parent, guardian, or custodian
A stepparent, foster parent, or an adult member of the child's household
An adult relative entrusted with the child's care
Any person such as a house parent or cottage parent who has primary responsibility for supervising a child's health and welfare in a residential childcare facility
Any employee or volunteer of a division, institution, or school operated by the department
Exceptions
No exceptions are specified in statute.
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Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.
Defined in Domestic Violence Civil Laws
Citation: Gen. Stat. § 50B-1
''Domestic violence'' means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self-defense:
Attempting to cause bodily injury or intentionally causing bodily injury
Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment, as defined in § 14-277.3, that rises to such a level as to inflict substantial emotional distress
Committing a sex offense, as defined in §§ 14-27.2 through 14-27.7
Defined in Child Abuse Reporting and Child Protection Laws
Citation:
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
Citation:
This issue is not addressed in the statutes reviewed.
Persons Included in the Definition
Citation: Gen. Stat. § 50B-1
The term ''personal relationship'' means a relationship in which the parties involved:
Are current or former spouses
Are persons of the opposite sex who live together or have lived together
Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren
Have a child in common
Are current or former household members
Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship
For purposes of this subdivision, a dating relationship is one in which the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.
For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under age 16.
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Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.
Confidentiality of Records
Citation: Gen. Stat. § 7B-311
The data [in the central registry] shall be furnished by county directors of social services to the Department of Health and Human Services and shall be confidential, subject to policies adopted by the Social Services Commission providing for its use for study and research and for other appropriate disclosure.
Persons or Entities Allowed Access to Records
Gen. Stat. § 7B-2901
The clerk shall maintain a complete record of all juvenile cases filed in the clerk's office alleging abuse, neglect, or dependency. The records shall be withheld from public inspection and, except as provided below, may be examined only by order of the court. The record shall include the summons, petition, custody order, court order, written motions, the electronic or mechanical recording of the hearing, and other papers filed in the proceeding.
The following persons may examine the juvenile's record and obtain copies of written parts of the record without an order of the court:
The person named in the petition as the juvenile
The guardian ad litem
The county Department of Social Services
The juvenile's parent, guardian, or custodian, or the attorney for the juvenile or his or her parent, guardian, or custodian
The director of the Department of Social Services shall maintain a record of the cases of juveniles under protective custody by the department or under placement by the court. This shall include family background information; reports of social, medical, psychiatric, or psychological information concerning a juvenile or the juvenile's family; interviews with the juvenile's family; or other information that the court finds should be protected from public inspection in the best interests of the juvenile. The records may be examined only by order of the court, except that the guardian ad litem or juvenile shall have the right to examine them.
In the case of a child victim, the court may order the sharing of information among such public agencies as the court deems necessary to reduce the trauma to the victim.
When Public Disclosure of Records is Allowed
Citation: Gen. Stat. § 7B-2902
Notwithstanding any other provision of law, a public agency shall disclose to the public, upon request, the findings and information related to a child fatality or near fatality if:
A person is criminally charged with having caused the child fatality or near fatality.
The district attorney has certified that a person would be charged with having caused the child fatality or near fatality but for that person's prior death.
Nothing herein shall be deemed to authorize access to the confidential records in the custody of a public agency, or the disclosure to the public of the substance or content of any psychiatric, psychological, or therapeutic evaluations or like materials or information pertaining to the child or the child's family unless directly related to the cause of the child fatality or near fatality, or the disclosure of information that would reveal the identities of persons who provided information related to the suspected abuse, neglect, or maltreatment of the child.
Within 5 working days from the receipt of a request for findings and information related to a child fatality or near fatality, a public agency shall consult with the appropriate district attorney and provide the findings and information unless the agency has a reasonable belief that release of the information:
Is not authorized by State law
Is likely to cause mental or physical harm or danger to a minor child residing in the deceased or injured child's household
Is likely to jeopardize the State's ability to prosecute the defendant
Is likely to jeopardize the defendant's right to a fair trial
Is likely to undermine an ongoing or future criminal investigation
Is not authorized by Federal law and regulations
Use of Records for Employment Screening
Citation: Gen. Stat. § 7B-311
The department may provide information from its list [of individuals responsible for child abuse or neglect] to child caring institutions, child-placing agencies, group home facilities, and other providers of foster care, child care, or adoption services that need to determine the fitness of individuals to care for or adopt children.
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Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.
Establishment
Citation: Gen. Stat. § 7B-311
The Department of Health and Human Services shall maintain a central registry.
Purpose
Citation: Gen. Stat. § 7B-311
The registry shall be used:
To compile data for the appropriate study of the extent of abuse and neglect in the State
To identify repeated abuses of the same juvenile or other juveniles in the same family
Contents
Citation: Gen. Stat. § 7B-311
The registry shall contain cases of child abuse, neglect, dependency, and child fatalities that are the result of alleged maltreatment.
Maintenance
Citation: Gen. Stat. § 7B-311
Data shall be confidential and subject to policies adopted by the Social Services Commission for its use and appropriate disclosure.
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Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.
Citation: N.C. Gen. Stat. § 7B-309 (LexisNexis through 2008 Reg. Sess.)
Statute:
Anyone who makes a report pursuant to the reporting laws, cooperates with the county Department of Social Services in a protective services assessment, testifies in any judicial proceeding resulting from a protective services report or assessment, or otherwise participates in the program authorized by law is immune from any civil or criminal liability that might otherwise be incurred or imposed for such action, provided that the person was acting in good faith.
In any proceeding involving liability, good faith is presumed.
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Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.
Reporting Procedures
Individual Responsibility
Citation: Gen. Stat. § 7B-301
A mandated reporter who has cause to suspect that a child is abused, neglected, or dependent shall report the case to the Department of Social Services in the county where the child resides. The report may be made orally, by telephone, or in writing.
Content of Reports
Citation: Gen. Stat. § 7B-301
The report shall contain information as is known to the reporter, including:
The name and address of the child and the child's parent(s), guardian, or caregiver
The age of the child
The names and ages of other children in the home
The present whereabouts of the child, if not at the home address
The nature and extent of any injury or condition resulting from abuse or neglect
Any other information that the reporter believes might be helpful in establishing the need for protective services or court intervention
Special Reporting Procedures
Suspicious Deaths
Citation: Gen. Stat. §§ 7B-301; 7B-302
A mandated reporter who has cause to believe that a child has died as a result of maltreatment shall report the case to the department.
The department shall immediately ascertain if other children are in the home and in need of protective services or immediate removal from the home.
Substance-Exposed Infants
Not addressed in statutes reviewed.
Screening Reports
Citation: Gen. Stat. §§ 7B-301; 7B-302; Admin. Code Tit. 10A, § 70A.0106
Upon receipt of any report of sexual abuse of the child in a child care facility, the director shall notify the State Bureau of Investigation within 24 hours or on the next workday.
When a report is received, the department shall promptly assess the extent of the abuse or neglect, and the risk of harm to the child, in order to determine whether protective services should be provided or a complaint filed. When the report alleges abuse, the assessment must begin within 24 hours. When the report alleges neglect or dependency, the assessment must begin within 72 hours. When the report alleges abandonment, the department must immediately begin an assessment, take appropriate steps to assume temporary custody of the child, and take appropriate steps to secure an order for nonsecure custody of the child.
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Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.
Professionals Required to Report
Citation: Gen. Stat. § 7B-301
Any person or institution who has cause to suspect abuse or neglect shall report.
Reporting by Other Persons
Citation: Gen. Stat. § 7B-301
All persons who have cause to suspect that any juvenile is abused, neglected, or dependent, or has died as the result of maltreatment, shall report.
Standards for Making a Report
Citation: Gen. Stat. § 7B-301
A report is required when a reporter has cause to suspect that any juvenile is abused, neglected, or dependent, or has died as the result of maltreatment.
Privileged Communications
Citation: Gen. Stat. § 7B-310
No privilege shall be grounds for failing to report.
Only the attorney-client privilege shall be grounds for excluding evidence of abuse in any judicial proceeding.
Inclusion of Reporter's Name in Report
Citation: Gen. Stat. § 7B-301
The report must include the name, address, and telephone number of the reporter.
Disclosure of Reporter Identity
Citation: Gen. Stat. § 7B-302
The department shall hold the identity of the reporter in strictest confidence.
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Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.
Citation: N.C. Stat. Ann. § 15A-1340.16 (LexisNexis through 2008 Reg. Sess.)
Statute Text:
[When imposing a sentence upon conviction of a crime,] the court shall consider evidence of aggravating or mitigating factors present in the offense that make an aggravated or mitigated sentence appropriate, but the decision to depart from the presumptive range is in the discretion of the court.
An aggravated or mitigated sentence is allowed if the jury or the court finds that aggravating factors exist or the court finds that mitigating factors exist, the court may depart from the presumptive range of sentences specified in § 15A-1340.17(c)(2). If aggravating factors are present and the court determines they are sufficient to outweigh any mitigating factors that are present, it may impose a sentence that is permitted by the aggravated range described in [the chart of punishments in] § 15A-1340.17(c)(4). If the court finds that mitigating factors are present and are sufficient to outweigh any aggravating factors that are present, the court may impose a sentence that is permitted by the mitigated range described in § 15A-1340.17(c)(3). Aggravating factors include:
The offense involved the sale or delivery of a controlled substance to a minor.
The offense is the manufacture of methamphetamine and was committed where a person under age 18 lives, was present, or was otherwise endangered by exposure to the drug, its ingredients, its byproducts, or its waste.
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Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.
Failure to Report
Gen. Stat. § 7B-310
No privilege shall be grounds for any person or institution failing to report that a juvenile may have been abused, neglected, or dependent, even if the knowledge or suspicion is acquired in an official professional capacity, except when the knowledge or suspicion is gained by an attorney from that attorney's client during representation only in the abuse, neglect, or dependency case.
False Reporting
Gen. Stat. § 14-225
Any person who willfully makes or causes to be made to a law enforcement agency or officer any false, misleading, or unfounded report, for the purpose of interfering with the operation of a law enforcement agency, or to hinder or obstruct any law enforcement officer in the performance of his duty, shall be guilty of a Class 2 misdemeanor.
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Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.
Right of the Reported Person to Review and Challenge Records
Gen. Stat. § 7B-311(d)
The Social Services Commission shall adopt rules regarding the operation of the central registry and responsible individuals list, including procedures for notifying a responsible individual of a determination of abuse or serious neglect.
When Records Must Be Expunged
Gen. Stat. § 7B-311(d)
The Social Services Commission shall adopt rules regarding the operation of the central registry and responsible individuals list, including procedures for correcting and expunging information.
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Child Welfare
Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.
When Case Plans Are Required
Citation: N.C. Admin. Code, Tit. 10A, § 70G.0203
[Note: This issue is not addressed in the statutes reviewed. The information below is taken from the North Carolina Administrative Code.]
The agency shall develop a written case plan upon completion of the intake study and prior to placement.
In cases of emergency placements, the assessment and case plan must be initiated within 1 week and completed within 6 weeks of placement.
Who May Participate in the Case Planning Process
Citation: N.C. Admin. Code, Tit. 10A, § 70G.0203
[Note: This issue is not addressed in the statutes reviewed. The information below is taken from the North Carolina Administrative Code.]
The plan must be developed in cooperation with the child and his or her family or legal custodian when possible and appropriate.
Contents of a Case Plan
N.C. Admin. Code, Tit. 10A, § 70G.0203
[Note: This issue is not addressed in the statutes reviewed. The information below is taken from the North Carolina Administrative Code.]
The case plan must include:
Goals stated in specific, realistic, and measurable terms
Plans that are action oriented, including specific responsibilities of staff, family members, and the child, if appropriate
When the agency has a written contract with another human services agency to provide home finding services only, and the contract specifies that the contracting agency meet the provisions of this rule, then the child-placing agency is not required to comply with the provisions of this rule. A copy of the contract must be submitted to the department.
The case plan must be based upon an assessment of the needs of the child and his or her family.
The case plan must be reviewed at least every 3 months to determine the child's and family's progress or lack of progress towards meeting the goals and objectives and to determine changes that need to be made in the plan.
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Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.
Citation: N.C. Gen. Stat. § 7B-507(d) (LexisNexis through 2006 Reg. Sess.)
Statute Text:
Reasonable efforts to preserve or reunify families may be made concurrently with efforts to plan for the juvenile's adoption, to place the juvenile with a legal guardian, or to place the juvenile in another permanent arrangement.
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Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.
Schedule of Hearings
Citation: Gen. Stat. §§ 7B-507; 7B-906; 7B-907
A review hearing shall be held within 90 days after the dispositional hearing and every 6 months thereafter.
A permanency hearing shall be held:
Within 12 months of the order removing custody and every 6 months thereafter
Within 30 days of a finding by the court that reasonable efforts to reunify are not required
Persons Entitled to Attend Hearings
Citation: Gen. Stat. §§ 7B-906; 7B-907
Notice of a hearing shall be provided to:
The parent
The child, if he or she is age 12 or older
The child's guardian
Any foster parent, relative, or preadoptive parent providing care for the child
The custodian or agency with custody
The guardian ad litem
Any other person or agency the court may specify
A foster parent, relative, or preadoptive parent shall not be made a party to the proceeding solely based on receiving notice and the right to be heard.
Determinations Made at Hearings
Citation: Gen. Stat. §§ 7B-906; 7B-907
At the review hearing, the court shall determine:
Services that have been offered to reunite the family, or whether efforts to reunite the family clearly would be futile or inconsistent with the child's safety and need for a safe, permanent home within a reasonable period of time
When the child's return home is unlikely, the efforts that have been made to evaluate or plan for other methods of care
The goals of the foster care placement and the appropriateness of the foster care plan
A new foster care plan, if continuation of care is sought, that addresses the role the current foster parent will play in the planning for the child
The placements the child has had and any services offered to the child and the parent, guardian, custodian, or caregiver
An appropriate visitation plan
If the child is age 16 or 17, a report on an independent living assessment of the child and, if appropriate, an independent living plan developed for the child
When and if termination of parental rights should be considered
The purpose of the permanency planning hearing shall be:
To develop a plan to achieve a safe, permanent home for the child within a reasonable period of time
To review the progress made in finalizing the permanent plan for the child or, if necessary, to make a new permanent plan for the child
Permanency Options
Citation: Gen. Stat. § 7B-907
Permanency options include:
Return to the parent
Legal guardianship or custody with a relative or other suitable person
Adoption
Another permanent living arrangement
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Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.
Requirements for Foster Parents
Citation: Gen. Stat. § 131D-10.3A; Admin. Code Tit. 10A, § 70E.1115
[Effective October 1, 2007]
The department shall prohibit any individual from providing foster care if the individual has a criminal history.
A fingerprint-based criminal history check must be conducted on all persons age 18 or older who reside in a licensed family foster home.
''Criminal history'' includes any county, State, and Federal conviction of a felony or pending felony indictment for:
A crime of child abuse or neglect or spousal abuse
A crime against a child, including child pornography
A crime involving violence, including rape, sexual assault, or homicide, other than physical assault or battery
Physical assault, battery, or a drug-related offense, if the offense was committed within the past 5 years
The fingerprints of all persons will be used to check the criminal history records of the State Bureau of Investigation (SBI) and the FBI.
[The following is taken from the Administrative Code.] An applicant is not eligible for licensure if he or she has, within the last 5 years, been substantiated for abuse or serious neglect and is placed on the Responsible Individuals List, as defined in statute § 7B-311.
Requirements for Adoptive Parents
Citation: Gen. Stat. § 48-3-309; Admin. Code Tit. 10A, § 70H.0108
[Effective October 1, 2007]
A fingerprint-based criminal history check must be conducted prior to placement on prospective adoptive parents seeking to adopt a minor in the custody of the department and on all persons age 18 or older residing in the adoptive home.
''Criminal history'' means a county, State, or Federal conviction of a felony or a pending felony indictment for:
A crime of child abuse or neglect or spousal abuse
A crime against a child, including child pornography
A crime involving violence, including rape, sexual assault, or homicide, other than physical assault or battery
Physical assault, battery, or a drug-related offense, if the offense was committed within the past 5 years
[The following is taken from the Administrative Code.] The agency shall conduct a preplacement assessment of a prospective adoptive parent. The assessment process must determine whether the applicant has ever been a respondent in a domestic violence proceeding or a proceeding concerning a minor who was allegedly abused, neglected, abandoned, or delinquent.
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Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.
Citation: N.C. Gen. Stat. Ann. § 7B-507(d) (LexisNexis 2007)
Statute Text:
In determining reasonable efforts to be made with respect to a juvenile and making such reasonable efforts, the juvenile's health and safety shall be the paramount concern.
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Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.
Circumstances That Are Grounds for Termination of Parental Rights
Gen. Stat. § 7B-1111
The court may terminate the parental rights upon a finding of one or more of the following:
The parent has abused or neglected the child.
The parent has willfully left the child in foster care for more than 12 months without showing reasonable progress in correcting the conditions that led to the removal of the child.
The child has been in an out-of-home placement for a continuous period of 6 months, and the parent has willfully failed for such period to pay a reasonable portion of the cost of care for the child although financially able to do so.
A noncustodial parent has for a period of 1 year or more willfully failed without justification to pay for the care, support, and education of the child, as required by a custody agreement.
A putative father of a child born out of wedlock has not established his paternity.
The parent is incapable of providing for the proper care of the child as a result of substance abuse, mental retardation, mental illness, or organic brain syndrome.
The parent has willfully abandoned the child for at least 6 consecutive months, or the parent has voluntarily abandoned an infant pursuant to § 7B-500 for at least 60 consecutive days.
The parent has committed murder or voluntary manslaughter of another child of the parent or other child residing in the home; has aided, abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of the child, another child of the parent, or other child residing in the home; has committed a felony assault that results in serious bodily injury to the child, another child of the parent, or other child residing in the home; or has committed murder or voluntary manslaughter of the other parent of the child.
The parental rights of the parent to another child have been terminated involuntarily, and the parent lacks the ability or willingness to establish a safe home.
Circumstances That Are Exceptions to Termination of Parental Rights
Gen. Stat. § 7B-1111
No parental rights shall be terminated for the sole reason that the parents are unable to care for the child on account of their poverty.
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Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.
Infant's Age
Gen. Stat. § 7B-500
A child who is less than 7 days old may be relinquished.
Who May Relinquish the Infant
Gen. Stat. § 7B-500
The child's parent may relinquish the infant.
Who May Receive the Infant
Gen. Stat. § 7B-500
The following individuals shall, without a court order, take into temporary custody an infant under 7 days old that is voluntarily delivered to the individual by the infant's parent who does not express an intent to return for the infant:
A health-care provider who is on duty or at a hospital or at a local or district health department or at a nonprofit community health center
A law enforcement officer who is on duty or at a police station or sheriff's department
A social services worker who is on duty or at a local department of social services
A certified emergency medical service worker who is on duty or at a fire or emergency medical services station
Any adult
Responsibilities of the Safe Haven Provider
Gen. Stat. § 7B-500
An individual who takes an infant into temporary custody shall perform any act necessary to protect the physical health and well-being of the infant and shall immediately notify the Department of Social Services or a local law enforcement agency.
Any individual who takes an infant into temporary custody may inquire as to the parents' identities and as to any relevant medical history, but the parent is not required to provide the information. The individual shall notify the parent that the parent is not required to provide the information.
Immunity for the Provider
Gen. Stat. § 7B-500
An individual who accepts a relinquished infant is immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of any omission or action taken pursuant to the requirements of this section as long as that individual was acting in good faith. The immunity established by this subsection does not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.
Protection for Relinquishing Parent
Gen. Stat. §§ 7B-500; 14-322.3
The parent is not required to provide identifying information or medical history information. The individual taking custody of the child shall notify the parent that the parent is not required to provide the information.
When a parent abandons an infant who is less than 7 days old by voluntarily delivering the infant as provided in § 7B-500 and does not express an intent to return for the infant, that parent shall not be prosecuted for abandonment of a child.
Effect on Parental Rights
Gen. Stat. § 7B-500
The safe haven provider takes temporary custody of the child.
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Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.
Statutes:
Website for Statutes:
www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl
Citations:
Adoption: Chapter 7B, Articles 37, 39; Chapter 48
Child Protection: Chapter 7B, Articles 1, 3, 3A, 4, 5, 13, 29
Child Welfare: Chapter 7B, Articles 6, 8, 9, 10, 11, 28, 38
Regulation/Policy
Website for Administrative Code:
http://reports.oah.state.nc.us/ncac.asp
Note:
See Title 10A, Chapter 70
Website for Agency Policies:
http://info.dhhs.state.nc.us/olm/manuals/manuals.aspx?dc=dss
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Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.
Relative Placement for Foster Care and Guardianship
Citation: Gen. Stat. § 7B-903
In placing a child in out-of-home care, the court shall first consider whether a relative of the child is willing to provide care for the child.
Requirements for Placement with Relatives
Citation: Gen. Stat. § 7B-903
The relative must be willing and able to provide proper care and supervision of the child in a safe home.
If the court finds that the relative is willing and able to provide proper care and supervision in a safe home, then the court shall order placement of the child with the relative unless the court finds that the placement is contrary to the best interests of the child.
Relatives Who May Adopt
Citation: Gen. Stat. § 48-3-301(b)
A relative, including a grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, or great-grandparent, may adopt the child.
Requirements for Adoption by Relatives
Citation: Gen. Stat. §§ 48-3-301(b); 48-3-309
A preplacement assessment is not required if the child is placed directly with a relative.
The department shall ensure that the criminal histories of all prospective adoptive parents seeking to adopt a minor who is in the custody or placement responsibility of a county Department of Social Services, and the criminal histories of all individuals age 18 or older who reside in the prospective adoptive home, are checked prior to placement.
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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.
What Are Reasonable Efforts
Citation: Gen. Stat. §§ 7B-101; 7B-507
'Reasonable efforts'' mean:
The diligent use of preventive or reunification services by a department of social services
Services or other efforts aimed at returning a juvenile to a safe home or at achieving another permanent plan
When Reasonable Efforts Are Required
Citation: Gen. Stat. §§ 7B-101; 7B-507
Reasonable efforts must be made:
To prevent or eliminate the need for placement of the juvenile out of the home
To develop and implement a permanent plan for the child when a court determines that the juvenile is not to be returned home
When Reasonable Efforts Are NOT Required
Citation: Gen. Stat. §§ 7B-101; 7B-507
The court may direct that reasonable efforts are not required when:
Such efforts would clearly be futile or inconsistent with the juvenile's health, safety, and need for a safe, permanent home within a reasonable period of time.
The parent has subjected the child to aggravated circumstances, including abandonment, torture, chronic abuse, or sexual abuse.
The parent's parental rights to another child have been terminated involuntarily.
The parent has committed murder or voluntary manslaughter of another child or has aided, abetted, or attempted to commit murder or voluntary manslaughter of the child or another child of the parent.
The parent has committed a felony assault that resulted in serious bodily injury to the child or another child of the parent.
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Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.
Who Can Nominate a Standby Guardian
Citation: Gen. Stat. § 35A-1370
A parent, adoptive parent, or legal guardian who suffers from a progressive chronic or irreversibly fatal illness may petition for the appointment of a standby guardian.
How to Establish a Standby Guardian
Citation: Gen. Stat. §§ 35A-1372; 35A-1373; 35A-1374
A petition for the judicial appointment of a standby guardian of a minor child shall:
Identify the petitioner, the minor child, and the person designated to be the standby guardian
State that the authority of the standby guardian is to become effective upon the petitioner's death, incapacity, or debilitation, with the consent of the petitioner, or upon the petitioner's signing of a written consent stating that the standby guardian's authority is in effect, whichever occurs first
State that the petitioner suffers from a progressively chronic illness or an irreversible fatal illness, and the basis for such a statement, such as the date and source of a medical diagnosis, without requiring the identification of the illness in question
A parent also may designate a standby guardian by means of a written designation, signed by the parent in the presence of two witnesses who are at least age 18, other than the standby guardian, who shall also sign the writing.
Evidence necessary to determine whether the requirements of the statute have been satisfied is required at the hearing.
How Standby Authority is Activated
Citation: Gen. Stat. §§ 35A-1373; 35A-1374
The authority of the standby guardian commences upon the parent's death, mental incapacity, physical debilitation plus consent, or written consent alone. An attending physician must document the parent's incapacity or debilitation.
The standby guardian must file confirming documents with the court within 90 days of the triggering event. If the guardianship is by written designation, the standby guardian must petition the court within 90 days for appointment as guardian.
Involvement of the Noncustodial Parent
Citation: Gen. Stat. § 35A-1373
Notice to any biological or adoptive parent is required, along with a copy of the petition. The court may proceed if no complaint for custody of the child has been filed within 30 days.
Authority Relationship of the Parent and the Standby
Citation: Gen. Stat. § 35A-1377
The commencement of the standby guardian's authority due to incapacity, debilitation, or written consent shall not itself divest the parent of any parental or guardianship rights, but shall confer upon the standby guardian concurrent authority with respect to the minor child.
Withdrawing Guardianship
Citation: Gen. Stat. §§ 35A-1373; 35A-1374; 35A-1376
The petitioner may revoke a judicially created guardianship by executing a written revocation, filing it with the court, and notifying the standby guardian.
The standby guardian may at any time before the commencement of the person's authority renounce the appointment by executing a written renunciation, filing it with the court, and promptly providing the petitioner with a copy of the renunciation.
The parent may revoke a written designation at any time prior to commencement by notifying the standby guardian in writing.
When the authority of the standby guardian is due to incapacity or debilitation, and the parent is subsequently restored to capacity or ability to care for the child, the authority of the standby guardian based on that incapacity or debilitation shall be suspended.
Fighting Child Protective Services False Accusations
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