North Carolina HB 795: Increased Access for Youth in Foster Families.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 795
Committee Substitute Favorable 5/6/25

Short Title: Increased Access for Youth in Foster Families. (Public)
Sponsors:
Referred to:
April 8, 2025
*H795-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO EXPAND GUARDIANSHIP ASSISTANCE PROGRAM ELIGIBILITY TO 2
YOUTH TEN YEARS OF AGE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) G.S. 108A-50.3 through G.S. 108A-50.9 are reserved for future 5
codification purposes. 6
SECTION 1.(b) G.S. 108A-24 reads as rewritten: 7
"§ 108A-24. Definitions. 8
As used in Chapter 108A: 9
... 10
(3a) "Division" is the Division of Social Services of the Department of Health and 11
Human Services. 12
(3a)(3b) "Electing County" means a county that elects to develop and is approved to 13
administer a local Work First Program. 14
(3b)(3c) "Employment" means work that requires either a contribution to FICA or the 15
filing of a State N.C. Form D-400, or the equivalent. 16
(3c)(3d) "Family" means a unit consisting of a minor child or children and one or more 17
of their biological parents, adoptive parents, stepparents, or grandparents 18
living together. For purposes of the Work First Program, family also includes 19
a blood or half-blood relative or adoptive relative limited to brother, sister, 20
great-grandparent, great-great-grandparent, uncle, aunt, great-uncle, 21
great-aunt, great-great-uncle, great-great-aunt, nephew, niece, first cousin, 22
stepbrother, and stepsister. 23
(3d)(3e) "Federal TANF funds" means the Temporary Assistance for Needy Families 24
block grant funds provided for in Title IV-A of the Social Security Act. 25
(3e)(3f) "Fee-for-service program" means a payment model for the Medicaid program 26
operated by the Department of Health and Human Services pursuant to its 27
authority under Part 6 of Article 2 of Chapter 108A of the General Statutes in 28
which the Department pays enrolled providers for services provided to 29
Medicaid recipients rather than contracting for the coverage of services 30
through a capitated payment arrangement. 31
(3f)(3g) Repealed by Session Laws 2009-489, s. 1, effective August 26, 2009. 32
(3g)(3h) "FICA" means the taxes imposed by the Federal Insurance Contribution Act, 33
26 U.S.C. § 3101, et seq. 34
(3h)(3i) "Full-time employment" means employment which requires the employee to 35
work a regular schedule of hours per day and days per week established as the 36

General Assembly Of North Carolina Session 2025
Page 2 House Bill 795-Second Edition
standard full-time workweek by the employer, but not less than an average of 1
30 hours per week. 2
...." 3
SECTION 1.(c) Article 2 of Chapter 108A of the General Statutes is amended by 4
adding a new Part to read: 5
"Part 4A. Guardianship Assistance. 6
"§ 108A-50.10. Kinship guardianship assistance program (KinGAP). 7
(a) Assistance. – The Division may provide for the financial support of children who 8
have exited foster care into relative guardianship that comply with 42 U.S.C. § 673. A child is 9
eligible for kinship guardianship assistance payments under this Part if the child meets the 10
requirements of subsection (b) of this section. 11
(b) Eligibility. – Until the child is 18 years of age, the child is eligible for kinship 12
guardianship assistance payments if all of the criteria are met: 13
(1) The child was removed from his or her home due to a voluntary placement 14
agreement or as a result of judicial determination to the effect that 15
continuation in the home would be contrary to the welfare of the child. 16
(2) The child was eligible for foster care maintenance payments pursuant to 42 17
U.S.C. § 672 while residing for at least six consecutive months in the home of 18
a licensed prospective relative guardian. "Relative" for the purposes of this 19
Part is a person related to the minor child by blood, marriage, adoption, or an 20
individual that has a substantial relationship with the minor child or the minor 21
child's parent prior to the child being placed in foster care. 22
(3) A determination has been made that reunification or adoption are not 23
appropriate options for the child. 24
(4) The child has attained 10 years of age and demonstrates a strong attachment 25
to the prospective relative guardian and the relative guardian has a strong 26
commitment to caring permanently for the child. 27
(5) At the time of entry into the guardianship agreement, a North Carolina county 28
child welfare agency has placement and care of the child. 29
(6) If a child is 14 years of age, the child has been consulted regarding the kinship 30
guardianship arrangement. 31
(c) Continuation of Assistance. – Individuals or youth who exited foster care under a 32
guardianship assistance agreement may continue to receive kinship guardianship assistance 33
payments after attaining 18 years of age if (i) the individual or child attained 16 years of age 34
before the kinship guardianship assistance agreement became effective, (