North CarolinaHB 6122025-2026 SessionHouseWALLET

Fostering Care in NC Act.

Sponsored By: Vernetta Alston (Democratic), John R. Bell, IV (Republican), Allen Chesser (Republican), Donnie Loftis (Republican)

Signed by Governor

ADOPTIONATTORNEYSBOARDSCHILD ABUSECHILD CUSTODYCOUNTIESCOURTSCRIMESCRIMINAL RECORDSDHHSEMPLOYMENTFOSTER CAREGUARDIANSHIPLOCAL GOVERNMENTMINORSOCCUPATIONSPERSONNELPRESENTEDPUBLICRATIFIEDSEX OFFENSESSOCIAL SERVICESSOCIAL SERVICES BOARDSSOCIAL SERVICES DEPTS

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Bill Overview

Analyzed Economic Effects

24 provisions identified: 15 benefits, 2 costs, 7 mixed.

Easier path to restore parental rights

A parent whose rights were ended can now ask the court to restore those rights if the law’s age, placement, timing, or special‑circumstance rules are met. If a former parent contacts county social services or the child’s guardian ad litem about reinstatement, they must tell the child that the child can file a motion. After filing, the movant asks for a pretrial within 10 days. A preliminary hearing must be set within 60 days, with 15 days’ notice, and reports from social services and the guardian ad litem due at least seven days before unless the court orders otherwise.

Enforceable post-adoption contact agreements

Relinquishing parents and prospective adoptive parents can make a voluntary, mediated contact agreement. The court reviews a signed agreement within two business days and, if approved, enters it as an order. Filing fees to enforce or modify are waived unless the court orders otherwise, and the agreement ends at age 18 or emancipation. Beginning October 1, 2025, these orders are enforceable despite the usual bar on side agreements, former parents may exercise rights in the order after adoption, and parties must use the new modification and enforcement rules. Relinquishment forms must also state that only rights in a court‑approved post‑adoption contact order survive adoption.

Clear your name from DSS abuse list

Beginning October 1, 2025, a person listed on the responsible individuals list can ask the district court to expunge it. You may qualify one year after placement with no judicial review, five years after placement with judicial review, or eight years after finishing a related sentence with clean post‑release and no new crimes other than traffic. Some convictions, like sexual abuse of a child, human trafficking, or a child fatality, make you ineligible. File in the county where the report arose. The court must hold a hearing within 45 days and decide under the legal standard in the law.

Faster child protection intake and reviews

The law now counts trafficking, unlawful transfer/sale of a minor, and certain sexual and harmful‑material crimes as child abuse. Beginning October 1, 2025, counties must start abuse assessments right away (no later than 24 hours), neglect or dependency within 72 hours, and abandonment or unlawful transfer immediately with law‑enforcement help. Directors must visit the home (unless the report is about a child care facility) and collect any military‑affiliation info for parents or caregivers. Reporters get written notice within five working days and quick review options if a report is not accepted or a petition is not filed. Reviews by a prosecutor or the Division must start fast and finish within 20 days. Courts need clear and convincing evidence to order someone to stop obstructing an assessment. In a medical emergency when a parent cannot be reached or refuses consent, the director must file a juvenile petition and seek nonsecure custody within the first 12 hours.

More guardianship help for kin caregivers

Children age 10 or older can qualify for guardianship assistance when they meet the law’s placement and safety rules. Room‑and‑board payments match foster care rates. The State pays one‑time legal costs to get guardianship, up to $2,000 per child. Youth who left foster care under a guardianship agreement can keep getting payments to age 21 if they were at least 16 when it began, choose to continue, and are in school, job training, working at least 80 hours a month, or cannot meet those rules due to a documented medical condition or disability.

Lifetime no-contact orders for victims

For violent offenses committed on or after December 1, 2025, the court can order the defendant to have no contact with the victim for life. The order can also name specific immediate family members who must not be contacted. At sentencing, if the prosecutor asks, the judge holds a show‑cause hearing. Victims and their immediate family can speak. Later, the court can change or cancel the order only if reasonable fear no longer exists.

Tougher crimes for child abuse

Starting December 1, 2025, a caregiver who routinely injures a child and withholds basic needs to cause fear, emotional harm, or for sexual reasons commits a Class B2 felony. Not reporting a missing child as the law requires can count as a grossly negligent omission. The law also defines “serious bodily injury” and “serious physical injury” to guide charges and penalties.

Faster placements for kids in hospitals

Hospitals must notify the county director when a child in county custody is there for mental health care. If the child should not stay and no placement is ready, the county must contact the mental health plan within 24 hours. The plan must arrange a full assessment within three business days (Monday through Friday, including holidays). If a foster home or Level I group home is recommended, the county must place and transport within five business days. If a higher level of care is needed, the plan must authorize care and assign a manager within five business days, then the county has five business days to place and transport. Hospitals cannot release a child in county custody unless discharge criteria are met and a placement or authorized consent exists. Counties must keep case management going during the hospital stay. A DHHS Rapid Response Team can step in if placement stalls or rules are broken, and health plans must report monthly metrics. By April 1, 2026, DHHS must issue statewide guidance on roles, services, and court‑hearing notices during a child’s hospital stay.

Safer placements and stricter visits

Before social services can recommend unsupervised visits or return of custody, it must watch the parent and child twice for at least one hour each, seven days apart, within 30 days of the hearing, and give proof. The court must find the home is safe and visits are in the child’s best interest. At review, the court can remove a child only on specific safety findings or if the parent consents. The department may place a child only in licensed homes or court‑approved placements; any unlicensed placement needs prior court approval in the order.

Who pays for a child’s care

The court can order a parent to pay a reasonable amount for the child’s support if the parent is able and it helps the child. If the parent cannot pay and the child is in county custody (not a State or federal institution), the county social services pays the cost. Starting October 1, 2025, while a child is in social services custody, the foster‑care portion of support owed to the State is not counted as past due and no arrears build for that portion.

Court process for stalled hospital discharges

When a child in a juvenile case meets hospital discharge rules but stays in the hospital, the hospital, a health plan, or a party can ask the court to act. The court hears the motion within 10 business days and must hear from the Division that oversees the local department. If the court finds by clear and convincing evidence that discharge criteria were met and the responsible party failed legal steps, it can order that party to pay reasonable hospital charges and damages after the discharge date. The order issues within 72 hours and is reviewed within 30 days.

Co-guardians and help for young parents

The court can make co‑guardians the child’s permanent plan. If co‑guardianship ends, the court can keep the case under review, change custody or visitation, end one or both guardianships, or convert to custody if that helps the child. The court must appoint a guardian ad litem for a parent under 16 who is not married or emancipated. For a 16‑ or 17‑year‑old parent who is not married or emancipated, the court may appoint one.

Faster emergency custody and filings

Chief judges can let magistrates issue nonsecure custody orders, and each county must always have a judge or magistrate available. If a magistrate signs a nonsecure order, the court holds the continued‑custody hearing at the next regular district court session before custody expires. When the clerk’s office is closed, magistrates must accept abuse, neglect, dependency, and interference petitions; signed orders take effect immediately. Officials may use the phone when other ways are impractical, and petitions and orders must follow secure delivery and record rules.

Higher proof to end parental rights

Beginning October 1, 2025, the person asking to end parental rights must prove the facts by clear and convincing evidence. Civil evidence rules apply. Spousal and doctor‑patient privileges cannot block evidence about grounds to end parental rights.

Limits on who can join cases

Changing the court location does not change who the petitioner is unless a legal conflict requires it. People who are not the parent, guardian, or custodian generally cannot intervene. A current caretaker or foster parent may intervene only if they can file to end parental rights by law, or another county social services has an interest. After adjudication, the court can remove a guardian, custodian, or caretaker as a party if keeping them is not needed and removal helps the child.

Case transfer when DSS has conflicts

The law lists when a conflict of interest exists in a child‑welfare case, such as when a county DSS employee, board member, or a foster parent supervised by the county is involved. When there is a conflict, the county must tell the family in writing which county will take over and include the Division’s concern‑line contact. If a county does not refer a conflicted case, an affected person can contact the Division to ask for a transfer.

Independent counties for conflict cases

When a county social services office has a conflict in a child‑welfare report, it must ask another county to do the assessment and tell the State Division. If no county accepts it and the conflict cannot be managed, the Division appoints another county. The county with the conflict usually pays for the case unless counties agree otherwise.

Stronger state oversight of county child welfare

The DHHS Secretary can review any county child‑welfare case, open or closed, to monitor social work and legal practice. If violations are found, DHHS must order fixes with deadlines and notify county leaders if problems are not corrected. DHHS is not liable for a director’s failure to comply, and immunities remain.

Judges can enforce orders by contempt

The court can order a parent, guardian, custodian, or caretaker to appear and show why they should not be held in civil or criminal contempt for willfully disobeying a court order. Contempt cases follow Chapter 5A procedures. This gives judges a formal way to enforce orders.

Tighter window to appeal abuse findings

You can ask the court to review a director’s abuse or serious‑neglect finding only if less than one year has passed since your placement on the responsible individuals list and the review serves justice or good cause. The director must still prove abuse or serious neglect by a preponderance of the evidence. If the director fails, the court must reverse and order expungement.

Clearer rules for review hearings

The court cannot refuse a requested review or permanency planning hearing. The court may skip or space out these hearings only with a consent order, clear and convincing findings, a stable placement, and notice that parties can still file a motion; it cannot waive hearings when a party asks for one. Concurrent planning continues until a permanent plan is in place or reunification is no longer a plan. If the court orders reunification, it must also name a second, backup plan.

Clearer court steps for parents and caretakers

At review, the court checks if parents finished court‑ordered services within 12 months, fixed the problems, and can provide a safe home. If a child is removed at a review, the court must set a permanency hearing within 30 days. The court may order parents or caretakers to take parenting classes, provide transport to medical or mental‑health visits, and fix unsafe home conditions. A caretaker who has cared for the child for 12 straight months and wants to adopt gets a hearing before placement changes when adoption is the plan; the caretaker can speak, present evidence, and hire a lawyer. When permanent guardianship or custody is granted, the court must tell the new guardian or custodian they can seek child support. Court jurisdiction lasts until the court ends it, the child turns 18, is emancipated, or dies.

Court‑enforced post‑adoption contact for families

Beginning October 1, 2025, adoptive families and birth relatives can enter a voluntary, mediated post‑adoption contact agreement that a judge approves and turns into a court order. The order can allow visits, sharing information, letters, calls, or electronic messages. If a dispute comes up, a party can ask the court to enforce, change, or end the order, and mediation is usually required first. The court cannot increase contact; it can only limit or end it, and there is no right to appeal under this section. If a related relinquishment is revoked or set aside, the contact order is void. Adoption filers must include any certified post‑adoption contact order, and the certifier must confirm the parent received copies.

Background checks for child-facing public jobs

Counties and cities must run a State Bureau of Investigation criminal check for any job offer that involves working with children. Employers must give a conditional offer while the check is pending. This applies to offers made on or after October 1, 2025.

Sponsors & Cosponsors

Cosponsors

Eric Ager
Democratic • House
Jonathan L. Almond
Republican • House
Amber M. Baker
Democratic • House
Cynthia Ball
Democratic • House
Mary Belk
Democratic • House
Jerry "Alan" Branson
Republican • House
William D. Brisson
Republican • House
Cecil Brockman
Democratic • House
Allen Buansi
Democratic • House
Deb Butler
Democratic • House
Celeste C. Cairns
Republican • House
Grant L. Campbell, MD
Republican • House
Becky Carney
Democratic • House
Carson Smith
Republican • House
Todd Carver
Republican • House
Maria Cervania
Democratic • House
Charles Smith
Democratic • House
Mike Clampitt
Republican • House
Tracy Clark
Democratic • House
Tricia Ann Cotham
Republican • House
Sarah Crawford
Democratic • House
Carla D. Cunningham
Independent • House
Allison A. Dahle
Democratic • House
Jimmy Dixon
Republican • House
Brian Echevarria
Republican • House
Garland E. Pierce
Democratic • House
Wyatt Gable
Republican • House
Julia Greenfield
Democratic • House
Pricey Harrison
Democratic • House
Zack Hawkins
Democratic • House
Beth Helfrich
Democratic • House
Chris Humphrey
Republican • House
Cody Huneycutt
Republican • House
B. Ray Jeffers
Democratic • House
Jake Johnson
Republican • House
Monika Johnson-Hostler
Democratic • House
Kanika Brown
Democratic • House
Ya Liu
Democratic • House
Tim Longest
Democratic • House
Jordan Lopez
Democratic • House
Jarrod Lowery
Republican • House
Jeffrey C. McNeely
Republican • House
Charles W. Miller
Republican • House
Marcia Morey
Democratic • House
Ben T. Moss, Jr.
Republican • House
Neal Jackson
Republican • House
Howard Penny, Jr.
Republican • House
Ray Pickett
Republican • House
Larry W. Potts
Republican • House
Lindsey Prather
Democratic • House
A. Reece Pyrtle, Jr.
Republican • House
Timothy Reeder, MD
Republican • House
Heather H. Rhyne
Republican • House
Phil Rubin
Democratic • House
Mike Schietzelt
Republican • House
Paul Scott
Republican • House
Mitchell S. Setzer
Republican • House
Phil Shepard
Republican • House
Larry C. Strickland
Republican • House
Terry M. Brown Jr.
Democratic • House
John A. Torbett
Republican • House
Brian Turner
Democratic • House
Steve Tyson
Republican • House
Bill Ward
Republican • House
Harry Warren
Republican • House
Diane Wheatley
Republican • House
Donna McDowell White
Republican • House
Shelly Willingham
Democratic • House
David Willis
Republican • House
Matthew Winslow
Republican • House
Jeff Zenger
Republican • House
Julie von Haefen
Democratic • House