10/24/2019
The Daily Bulletin: 2019-10-24 | Legislative Reporting Service
SCHOOL OF GOVERN?
GOVERNMENT
The Daily Bulletin: 2019-10-24
PUBLIC/HOUSE BILLS
H 918 (2019-2020) EXPEDITE PERMANENC'Y/DHHS REPORT SNAP TAN F. (NEW) Filed Apr 16 2019, AN ACT TO AMEND
VARIOUS ABUSE, NEGLECT, AND DEPENDENCY LAWS TO ENSURE THE SAFETY OF CHILDREN IN OUT-OF-HOME
PLACEMENTS, EXPEDITE PERMANENCY PLANNING HEARINGS FOR CHILDREN WHO HA VE BEEN REMOVED FROM THE
HOME, CREATE A PRESUMPTION THAT FOSTER PARENTS WITH WHOM A CHILD HAS LIVED CONTINUOUSLY FOR NINE
MONTHS ARE DEEMED NON RE LA TIVE KIN, CREA
ТЕ
AN A GGR.4 FATING CIRCUMSTANCE FOR THE EXPOSURE TO
UNLA WFUL CONTROLLED SUBSTANCES IN UTERO OR CONTROLLED SUBSTANCES USED IN VIOLA TION OF THE LA W IN
UTERO, AND REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF SOCIAL SERVICES, TO
REPORT ANNUALLY CERTAIN EXPENDITURES FOR THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) AND
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) PROGRAM.
Senate committee substitute to the 2nd edition makes the following changes.
Organizes the act's existing provisions, as amended, into Part I.
Deletes the proposed changes to GS 7B-100, which included in the purpose of Subchapter 1 (Abuse, Neglect, Dependency)
providing juveniles under age 3 who are removed from custody of their homes with prospective permanent placement within
one year from the date of the order removing custody. Instead, amends GS 7B-1 00 to include in the purpose of Subchapter I
placing all juveniles in a safe, permanent home within one year from the date of the initial order removing custody in
circumstances when it is not in the juvenile's best interest to be returned home.
Eliminates the proposed changes to the defined terms abused juveniles and nonrelative kin set out in GS 7B- 101 . thereby
maintaining the terms' existing definitions under current law. Amends the term neglected juvenile to include any juvenile less
than 1 8 years of age whose parent, guardian, custodian, or caretaker uses an illegal controlled substance or abuses alcohol or a
controlled substance and is unable to care for and provide a safe and appropriate home for the juvenile. Modifies the proposed
definition for the new term relative to more specifically define the term to mean an individual directly related to the juvenile by
blood, marriage or adoption.
Modifies the proposed changes to GS 7B-503(a), concerning instances in which a nonsecure custody order must be made, to
now include instances in which the juvenile is an infant who was bom drug-exposed to alcohol, unlawful controlled
substances, or controlled substances used in violation of the law (was, an infant who ( 1) was bom drug-exposed and the ding
exposure was not medically based, (2) the parent is unable to discharge parental responsibilities due to a history of chronic
drug abuse, and (3) there are reasonable grounds to believe that the parent's substance abuse will continue for a prolonged or
indeterminate period based on the opinion of a licensed health care provider with substance abuse disorders experience).
Modifies the proposed changes to GS 7B-901(c)(T)e. by providing that ifa disposition order places a juvenile in the custody of
a county department of social sendees, the court must direct that reasonable efforts for reunification are not required if the
court finds that a court has determined that aggravated circumstances exist because the parent has committed or allowed the
continuation of chronic or toxic exposure to alcohol or controlled substances that causes impairment of or addiction in the
juvenile, including, but not limited to. exposure to unlawful controlled substances in utero or controlled substances in violation
of the law in utero (previously, specifically included exposure to nonmedical controlled substances in utero only).
Modifies and adds to the proposed changes to GS 7B-903, concerning placement of a juvenile in out-of-home care. No longer
provides that a foster parent is deemed to be a nonrelative kin once a child under age 3 has resided in the foster parent's home
for a continuous period of at least nine months. Instead, adds a new subsection to deem a foster parent to be nonrelative kin
once a juvenile (no age requirement) who is not a member of a State-recognized tribe has resided in the foster-parent's home
for a continuous period of at least nine months. Makes organizational and conforming changes.
Deletes the proposed changes to GS 7B-906. 1 (a), concerning placement of children under age 3 in a prospective permanent
home within 12 months of the initial order removing custody. Instead, amends existing law to require a permanency review
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