North Carolina HB 795: Increased Access for Youth in Foster Families.
Status: Passed 2nd Reading (as of 2025-05-07)
State: North Carolina · Session: 2025 · Bill: HB 795
Subjects: CHILD CUSTODY; COMMISSIONS; DHHS; FOSTER CARE; GUARDIANSHIP; MINORS; PUBLIC; SOCIAL SERVICES; SOCIAL SERVICES COMN.; FAMILY ISSUES
Sponsors: Almond, Davis, Loftis, Biggs, Butler, F. Jackson, G. Pierce, Harrison, Johnson, K. Brown, Liu, McNeely, Morey, N. Jackson, Penny, Scott, Ward, Willingham, Willis
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, (
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