North Carolina HB 648: Disposition Placement/Findings of Fact.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 648
Committee Substitute Favorable 4/15/25

Short Title: Disposition Placement/Findings of Fact. (Public)
Sponsors:
Referred to:
April 2, 2025
*H648-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO CLARIFY DISPOSITION PLACEMENT ANALYSIS AND REQUIRE 2
WRITTEN FINDINGS OF FACT. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 7B-903 reads as rewritten: 5
"§ 7B-903. Dispositional alternatives for abused, neglected, or dependent juvenile. 6
(a) The following alternatives for disposition shall be available to any court exercising 7
jurisdiction, and the court may combine any of the applicable alternatives when the court finds 8
the disposition to be in the best interests of the juvenile: 9
(1) Dismiss the case or continue the case in order to allow the parent, guardian, 10
custodian, caretaker or others to take appropriate action. 11
(2) Require that the juvenile be supervised in the juvenile's own home by the 12
department of social services in the juvenile's county or by another individual 13
as may be available to the court, subject to conditions applicable to the parent, 14
guardian, custodian, or caretaker as the court may specify. 15
(3) Repealed by Session Laws 2015-136, s. 10, effective October 1, 2015, and 16
applicable to actions filed or pending on or after that date. 17
(4) Place the juvenile in the custody of a parent, relative, private agency offering 18
placement services, or some other suitable person. If the court determines that 19
the juvenile should be placed in the custody of an individual other than a 20
parent, the court shall verify that the person receiving custody of the juvenile 21
understands the legal significance of the placement and will have adequate 22
resources to care appropriately for the juvenile. The fact that the prospective 23
custodian has provided a stable placement for the juvenile for at least six 24
consecutive months is evidence that the person has adequate resources. 25
(5) Appoint a guardian of the person for the juvenile as provided in G.S. 7B-600. 26
(6) Place the juvenile in the custody of the department of social services in the 27
county of the juvenile's residence. In the case of a juvenile who has legal 28
residence outside the State, the court may place the juvenile in the physical 29
custody of the department of social services in the county where the juvenile 30
is found so that agency may return the juvenile to the responsible authorities 31
in the juvenile's home state. 32
(a1) In placing a juvenile in out-of-home care under this section, the court shall first 33
consider determine whether a relative of the juvenile is willing and able to provide proper care 34
and supervision of the juvenile in a safe home. If the court finds that the relative is willing and 35
able to provide proper care and supervision in a safe home, then the court shall order placement 36

General Assembly Of North Carolina Session 2025
Page 2 House Bill 648-Second Edition
of the juvenile with the relative unless the court finds determines that the placement is contrary 1
to the best interests of the juvenile. If the juvenile has been placed in out-of-home care with a 2
non-relative, the court may compare all placement options to determine which placement option 3
is in the juvenile's best interest. 4
In placing a juvenile in out-of-home care under this section, the court shall also consider 5
whether it is in the juvenile's best interest to remain in the juvenile's community of residence. 6
Placement of a juvenile with a relative outside of this State must be in accordance with the 7
Interstate Compact on the Placement of Children. 8
(a2) An order under this section placing or continuing the placement of the juvenile in 9
out-of-home care shall contain a finding that the juvenile's continuation in or return to the 10
juvenile's own home would be contrary to the juvenile's health and safety. 11
(a3) An order under this section placing the juvenile in out-of-home care shall contain 12
specific findings as to whether the department has made reasonable efforts to prevent the need 13
for placement of the juvenile. In determining whether efforts to prevent the placement of the 14
juvenile were reasonable, the juvenile's health and safety shall be the paramount concern. 15
The court may find that efforts to prevent the need for the juvenile's placement were 16
precluded by an immediate threat of harm to the juvenile. A finding that reasonable efforts were 17
not made by a county department of social services shall not preclude the entry of an order 18
authorizing the juvenile's placement when the court finds that placement is necessary for the 19
protection of the juvenile. 20
(a4) If the court does not place the juvenile with a relative, the court may consider whether 21
an appropriate former foster parent, nonrelative kin kin, or other persons with legal custody of a 22
sibling of the juvenile are willing and able t