GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 919

Short Title:  Child Abuse Changes.	(Public)

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Sponsors: Senators Garrou, Gulley, Wellons; Carter, Cooper, Hagan, Harris, Kinnaird, Phillips, and Robinson.

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Referred to:  Judiciary I.

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April 14, 1999

A BILL TO BE ENTITLED
AN ACT TO MAKE CHANGES TO THE GENERAL STATUTES REGARDING ABUSED AND NEGLECTED CHILDREN.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7B-100 reads as rewritten:
"§ 7B-100.  Purpose.
This Subchapter shall be interpreted and construed so as to implement the following purposes and policies:
(1)	To provide procedures for the hearing of children's cases that assure fairness and equity and that protect the constitutional rights of children and parents;
(2)	To develop a disposition in each child's case that reflects consideration of the facts, the needs and limitations of the child, and the strengths and weaknesses of the family;
(3)	To provide for services for the protection of children by means that respect both the right to family autonomy and the children's needs for safety, continuity, and permanence; and
(4)	To provide standards for the removal, when necessary, of children from their homes and for the return of children to their homes consistent with preventing the unnecessary or inappropriate separation of children from their parents."
Section 2.  G.S. 7B-101 reads as rewritten:
"§ 7B-101. (Effective July 1, 1999)  Definitions.
As used in this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings:
(1)	Abused child. – Any child less than 18 years of age whose parent, guardian, custodian, or caretaker:
a.	Inflicts or allows to be inflicted upon the child a serious physical injury by other than accidental means;
b.	Creates or allows to be created a substantial risk of serious physical injury to the child by other than accidental means;
c.	Uses or allows to be used upon the child cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior;
d.	Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the child: first-degree rape, as provided in G.S. 14-27.2; second degree rape as provided in G.S. 14-27.3; first-degree sexual offense, as provided in G.S. 14-27.4; second degree sexual offense, as provided in G.S. 14-27.5; sexual act by a custodian, as provided in G.S. 14-27.7; crime against nature, as provided in G.S. 14-177; incest, as provided in G.S. 14-178 and G.S. 14-179; preparation of obscene photographs, slides, or motion pictures of the child, as provided in G.S. 14-190.5; employing or permitting the child to assist in a violation of the obscenity laws as provided in G.S. 14-190.6; dissemination of obscene material to the child as provided in G.S. 14-190.7 and G.S. 14-190.8; displaying or disseminating material harmful to the child as provided in G.S. 14-190.14 and G.S. 14-190.15; first and second degree sexual exploitation of the child as provided in G.S. 14-190.16 and G.S. 14-190.17; promoting the prostitution of the child as provided in G.S. 14-190.18; and taking indecent liberties with the child, as provided in G.S. 14-202.1, regardless of the age of the parties;
e.	Creates or allows to be created serious emotional damage to the child; serious emotional damage is evidenced by a child's severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others; or
f.	Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the child.
(2)	Aggravated circumstances. – Any circumstance attending to the commission of an act of abuse or neglect which increases its enormity or adds to its injurious consequences, including, but not limited to, abandonment, torture, chronic abuse, or sexual abuse.
(3)	Caretaker. – Any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a child in a residential setting. A person responsible for a child's health and welfare means a stepparent, foster parent, an adult member of the child's household, an adult relative entrusted with the child's care, or any person such as a house parent or cottage parent who has primary responsibility for supervising a child's health and welfare in a residential child care facility or residential educational facility. "Nothing in this subdivision shall be construed to impose a legal duty of support under Chapter 50 or Chapter 110 of the General Statutes. The duty imposed upon a caretaker as defined in this subdivision shall be for the purpose of this Subchapter only.
(3a)	Child. – Any person who has not reached his eighteenth birthday and is not married, emancipated, or a member of the armed services of the United States.  Wherever the term child is used with reference to rights and privileges, that term encompasses the attorney or guardian ad litem for the child as well.
(4)	Clerk. – Any clerk of superior court, acting clerk, or assistant or deputy clerk.
(5)	Community-based program. – A program providing nonresidential or residential treatment to a child in the community where the child's family lives. A community-based program may include specialized foster care, family counseling, shelter care, and other appropriate treatment.
(6)	Court. – The district court division of the General Court of Justice.
(7)	Court of competent jurisdiction. – A court having the power and authority of law to act at the time of acting over the subject matter of the cause.
(8)	Custodian. – The person or agency that has been awarded legal custody of a child by a court or a person, other than parents or legal guardian, who has assumed the status and obligation of a parent without being awarded the legal custody of a child by a court.
(9)	Dependent child. – A child in need of assistance or placement because the child has no parent, guardian, or custodian responsible for the child's care or supervision or whose parent, guardian, or custodian is unable to provide for the care or supervision and lacks an appropriate alternative child care arrangement.
(10)	Director. – The director of the county department of social services in the county in which the child resides or is found, or the director's representative as authorized in G.S. 108A-14.
(11)	District. – Any district court district as established by G.S. 7A-133.
(12)	Judge. – Any district court judge.
(13)	Judicial district. – Any district court district as established by G.S. 7A-133.
	(15)	Neglected child. – A child who does not receive proper care, supervision, or discipline from the child's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care; or who is not provided necessary remedial care; or who lives in an environment injurious to the child's welfare; or who has been placed for care or adoption in violation of law. In determining whether a child is a neglected child, it is relevant whether that child lives in a home where another child has died as a result of suspected abuse or neglect or lives in a home where another child has been subjected to abuse or neglect by an adult who regularly lives in the home.  In determining whether a newborn is a neglected child, it is relevant whether the newborn had controlled substances or alcohol present in its bodily systems at birth.
(16)	Petitioner. – The individual who initiates court action, whether by the filing of a petition or of a motion for review alleging the matter for adjudication.
(17)	Prosecutor. – The district attorney or assistant district attorney assigned by the district attorney to juvenile proceedings.
(18)	Reasonable efforts. – The diligent use of preventive or reunification services by a department of social services when a child's remaining at home or returning home is consistent with achieving a safe, permanent home for the child within a reasonable period of time. If a court of competent jurisdiction determines that the child is not to be returned home, then reasonable efforts means the diligent and timely use of permanency planning services by a department of social services to develop and implement a permanent plan for the child.
(19)	Safe home. – A home in which the child is not at substantial risk of physical or emotional abuse or neglect.
(20)	Shelter care. – The temporary care of a child in a physically unrestricting facility pending court disposition.
The singular includes the plural, the masculine singular includes the feminine singular and masculine and feminine plural unless otherwise specified."
Section 3.  G.S. 7B-200 reads as rewritten:
"§ 7B-200.  Jurisdiction.
(a)	The court has exclusive, original jurisdiction over any case involving a child who is alleged to be abused, neglected, or dependent. This jurisdiction does not extend to cases involving adult defendants alleged to be guilty of abuse or neglect.
The court also has exclusive original jurisdiction of the following proceedings:
(1)	Proceedings under the Interstate Compact on the Placement of Children set forth in Article 38 of this Chapter;
(2)	Proceedings involving judicial consent for emergency surgical or medical treatment for a child when the child's parent, guardian, custodian, or other person who has assumed the status and obligation of a parent without being awarded legal custody of the child by a court refuses to consent for treatment to be rendered;
(3)	Proceedings to determine whether a child should be emancipated;
(4)	Proceedings to terminate parental rights;
(5)	Proceedings to review the placement of a child in foster care pursuant to an agreement between the child's parents or guardian and a county department of social services;
(6)	Proceedings in which a person is alleged to have obstructed or interfered with an investigation required by G.S. 7B-302; and
(7)	Proceedings involving consent for an abortion on an unemancipated minor pursuant to Article 1A, Part 2 of Chapter 90 of the General Statutes.
(b)	The court shall have jurisdiction over the parent, guardian, custodian, or caretaker of a child who has been adjudicated abused, neglected, or dependent, as provided by G.S. 7B-904, provided the parent, guardian, custodian, or caretaker has been properly served with summons pursuant to G.S. 7B-406."
Section 4.  G.S. 7B-201 reads as rewritten:
"§ 7B-201.  Retention of jurisdiction.
When the court obtains jurisdiction over a child, jurisdiction shall continue until terminated by order of the court or until the child reaches the age of 18 years or is otherwise emancipated, whichever occurs first."
Section 5.  G.S. 7B-300 reads as rewritten:
"§ 7B-300.  Protective services.
The director of the department of social services in each county of the State shall establish protective services for children alleged to be abused, neglected, or dependent.
Protective services shall include the investigation and screening of reports, casework, or other counseling services to parents, guardians, custodians, or other caretakers as provided by the director to help the parents, guardians, custodians, or other caretakers and the court to prevent abuse or neglect, to improve the quality of child care, to be more adequate parents, guardians, custodians, or caretakers, and to preserve and stabilize family life.
."
Section 6.  G.S. 7B-301 reads as rewritten:
"§ 7B-301.  Duty to report abuse, neglect, dependency, or death due to maltreatment.
(a)	Any person or institution who has cause to suspect that any child is abused, neglected, or dependent, as defined by G.S. 7B-101, or has died as the result of maltreatment, shall report the case of that child to the director of the department of social services in the county where the child resides or is found.  
(b)	The report may be made orally, by telephone, or in writing.  The report shall include information as is known to the person making it including the name and address of the child; the name and address of the child's parent, guardian, custodian, or caretaker; the age of the child; the names and ages of other children in the home; the present whereabouts of the child if not at the home address; the nature and extent of any injury or condition resulting from abuse, neglect, or dependency; and any other information which the person making the report believes might be helpful in establishing the need for protective services or court intervention.  If willing the person making the report shall give the person's name, address, and telephone number.  Refusal of the person making the report to give a name, address, or telephone number shall not preclude the department's investigation of the alleged abuse, neglect, dependency, or death as a result of maltreatment.
."
Section 7.  G.S. 7B-302 reads as rewritten:
"§ 7B-302. Investigation by director; access to confidential information; notification of person making the report.
(a)	When a report of abuse, neglect, or dependency is received, the director of the department of social services shall make a prompt and thorough investigation in order to ascertain the facts of the case, the extent of the abuse or neglect, and the risk of harm to the child, in order to determine whether protective services should be provided or the report filed as a petition. When the report alleges abuse, the director shall immediately, but no later than 24 hours after receipt of the report, initiate the investigation. When the report alleges neglect or dependency, the director shall initiate the investigation within 72 hours following receipt of the report. The investigation and evaluation shall include a visit to the place where the child resides. All information received by the department of social services, including the identity of the reporter, shall be held in strictest confidence by the department.
(b)	When a report of a child's death as a result of suspected maltreatment or a report of suspected abuse, neglect, or dependency of a child is received, the director of the department of social services shall immediately ascertain if other children remain in the home, and, if so, initiate an investigation in order to determine whether they require protective services or whether immediate removal of the children from the home is necessary for their protection.
The director shall complete the investigation within 30 days from the receipt of the report or reasons why the investigation was not completed within 30 days shall be clearly documented in the department's case record.
(c)	If the investigation indicates that abuse, neglect, or dependency has occurred, the director shall decide whether immediate removal of the child or any other children in the home is necessary for their protection. If immediate removal does not seem necessary, the director shall immediately provide or arrange for protective services. If the parent, guardian, custodian, or caretaker refuses to accept the protective services provided or arranged by the director, the director shall sign a petition seeking to invoke the jurisdiction of the court for the protection of the child or children.
(d)	If immediate removal seems necessary for the protection of the child or other children in the home, the director shall sign a petition which alleges the applicable facts to invoke the jurisdiction of the court and seek a nonsecure custody order. Where the investigation shows that it is warranted, a protective services worker may assume temporary custody of the child for the child's protection pursuant to Article 5 of this Chapter.
(e)	In performing any duties related to the investigation of the report or the provision or arrangement for protective services, the director may consult with any public or private agencies or individuals, including the available State or local law enforcement officers who shall assist in the investigation and evaluation of the seriousness of any report of abuse, neglect, or dependency when requested by the director. The director may make a written demand for any information or records, whether or not confidential, that may in the director's opinion be relevant to the investigation of or the provision for protective services. Upon the director's request and unless protected by the attorney-client privilege, any public or private agency or individual shall provide access to and copies of the requested information or records to the extent permitted by federal law and regulations. If a custodian of criminal investigative information or records believes that release of the information will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation, it may seek an order from a court of competent jurisdiction to prevent disclosure of the information. In such an action, the custodian of the records shall have the burden of showing by a preponderance of the evidence that disclosure of the information in question will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation. Actions brought pursuant to this paragraph shall be set down for immediate hearing, and subsequent proceedings in the actions shall be accorded priority by the trial and appellate courts.
(f)	Within five working days after receipt of the report of abuse, neglect, or dependency, the director shall give written notice to the person making the report, unless requested by that person not to give notice, as to whether the report was accepted for investigation and whether the report was referred to the appropriate State or local law enforcement agency.
(g)	Within five working days after completion of the protective services investigation, the director shall give subsequent written notice to the person making the report, unless requested by that person not to give notice, as to whether there is a finding of abuse, neglect, or dependency, whether the county department of social services is taking action to protect the child, and what action it is taking, including whether or not a petition was filed. The second notification shall inform the person making the report of procedures necessary to request a review by the Community Child Protection Team of the director's decision not to file a petition. The person making the report may waive the person's right to this notification, and no notification is required if the person making the report does not identify himself to the director."
Section 8.  G.S. 7B-303 reads as rewritten:
"§ 7B-303. Interference with investigation.
(a)	If any person obstructs or interferes with an investigation required by G.S. 7B-302, the director may file a petition naming that person as respondent and requesting an order directing the respondent to cease the obstruction or interference.  The petition shall contain the name and date of birth and address of the child who is the subject of the investigation, shall specifically describe the conduct alleged to constitute obstruction of or interference with the investigation, and shall be verified.
(b)	For purposes of this section, obstruction of or interference with an investigation means refusing to disclose the whereabouts of the child, refusing to allow the director to have personal access to the child, refusing to allow the director to observe or interview the child in private, refusing to allow the director access to confidential information and records upon request pursuant to G.S. 7B-302, refusing to allow the director to arrange for an evaluation of the child by a physician or other expert, or other conduct that makes it impossible for the director to carry out the duty to investigate.
(c)	Upon filing of the petition, the court shall schedule a hearing to be held not less than five days after service of the petition and summons on the respondent.  Service of the petition and summons and notice of hearing shall be made as provided by the Rules of Civil Procedure on the respondent; the child's parent, guardian, custodian, or caretaker; and any other person determined by the court to be a necessary party.  If at the hearing on the petition the court finds by clear, cogent, and convincing evidence that the respondent, without lawful excuse, has obstructed or interfered with an investigation required by G.S. 7B-302, the court may order the respondent to cease the obstruction or interference.  The burden of proof shall be on the petitioner.
(d)	If the director has reason to believe that the child is in need of immediate protection or assistance, the director shall so allege in the petition and may seek an ex parte order from the court.  If the court, from the verified petition and any inquiry the court makes of the director, finds probable cause to believe both that the child is at risk of immediate harm and that the respondent is obstructing or interfering with the director's ability to investigate to determine the child's condition, the court may enter an ex parte order directing the respondent to cease such obstruction or interference.  The order shall be limited to provisions necessary to enable the director to conduct an investigation sufficient to determine whether the child is in need of immediate protection or assistance.  Within 10 days after the entry of an ex parte order under this subsection, a hearing shall be held to determine whether there is good cause for the continuation of the order or the entry of a different order.  An order entered under this subsection shall be served on the respondent along with a copy of the petition, summons, and notice of hearing.
(e)	The director may be required at a hearing under this section to reveal the identity of any person who made a report of suspected abuse, neglect, or dependency as required by G.S. 7B-301.
(f)	An order entered pursuant to this section is enforceable by civil or criminal contempt as provided in Chapter 5A of the General Statutes."
Section 9.  G.S. 7B-304 is repealed.
Section 10.  G.S. 7B-305 reads as rewritten:
"§ 7B-305. Request for review by the Community Child Protection Team.
The person making the report shall have 10 days, from receipt of the decision of the director of the department of social services not to petition the court, to notify the chair of the Community Child Protection Team that the person is requesting a review. The chair of the Community Child Protection Team shall notify the person making the report and the director of the time and place for the review.  The review shall be pursuant to G.S. 7B-1406."
Section 11.  G.S. 7B-306 reads as rewritten:
"§ 7B-306. Review by prosecutor.
The prosecutor shall review the report and recommendations of the Community Child Protection Team made pursuant to G.S. 7B-1406.  Within five days of receiving the Team's report and recommendation, the prosecutor shall either affirm the director's decision not to file a petition, request the appropriate local law enforcement agency to investigate the allegations, or direct the director to file a petition."
Section 12.  G.S. 7B-307 reads as rewritten:
"§ 7B-307.  Duty of director to report evidence of abuse, neglect; investigation by local law enforcement; notification of Department of Health and Human Services.
(a)	If the director finds evidence that a child may have been abused as defined by G.S. 7B-101, the director shall make an immediate oral and subsequent written report of the findings to the district attorney or the district attorney's designee and the appropriate local law enforcement agency within 48 hours after receipt of the report.  The local law enforcement agency shall immediately, but no later than 48 hours after receipt of the information, initiate and coordinate a criminal investigation with the protective services investigation being conducted by the county department of social services.  Upon completion of the investigation, the district attorney shall determine whether criminal prosecution is appropriate and may request the director or the director's designee to appear before a magistrate.
(a1)	If the director receives information that a child may have been physically harmed in violation of any criminal statute by any person other than the child's parent, guardian, custodian, or caretaker, the director shall make an immediate oral and subsequent written report of that information to the district attorney or the district attorney's designee and to the appropriate local law enforcement agency within 48 hours after receipt of the information. The local law enforcement agency shall immediately, but no later than 48 hours after receipt of the information, initiate a criminal investigation. Upon completion of the investigation, the district attorney shall determine whether criminal prosecution is appropriate.
(a2)	If the director receives information that a child, while at a child care facility as defined in G.S. 110-86(3), may have been physically harmed in violation of a criminal statute; may have been placed at a substantial risk of harm; or has received improper care or supervision, the director shall make an immediate oral and subsequent written report of that information to the Department of Health and Human Services within 24 hours or on the next working day of the receipt of the information.
		(d)	The director of the department of social services shall submit a report of alleged abuse, neglect, or dependency cases or child fatalities that are the result of alleged maltreatment to the Central Registry under the policies adopted by the Social Services Commission."
Section 13.  G.S. 7B-308 reads as rewritten:
"§ 7B-308.  Authority of medical professionals in abuse cases.
(a)	Any physician or administrator of a hospital, clinic, or other medical facility to which a child suspected of being abused or neglected is brought for medical diagnosis or treatment shall have the right, when authorized by the chief district court judge of the district or the judge's designee, to retain physical custody of the child in the facility when the physician who examines the child certifies in writing that the child who is suspected of being abused or neglected should remain for medical treatment or that, according to the child's medical evaluation, it is unsafe for the child to return to the child's parent, guardian, custodian, or caretaker. This written certification must be signed by the certifying physician and must include the time and date that the judicial authority to retain custody is given. Copies of the written certification must be appended to the child's medical and judicial records and another copy must be given to the child's parent, guardian, custodian, or caretaker. The right to retain custody in the facility shall exist for up to 12 hours from the time and date contained in the written certification.
(b)	Immediately upon receipt of judicial authority to retain custody, the physician, the administrator, or that person's designee shall so notify the director of social services for the county in which the facility is located. The director shall treat this notification as a report of suspected abuse or neglect and shall immediately begin an investigation of the case.
(1)	If the investigation reveals (i) that it is the opinion of the certifying physician that the child is in need of medical treatment to cure or alleviate physical distress or to prevent the child from suffering serious physical injury, and (ii) that it is the opinion of the physician that the child should for these reasons remain in the custody of the facility for 12 hours, but (iii) that the child's parent, guardian, custodian, or caretaker cannot be reached or, upon request, will not consent to the treatment within the facility, the director shall within the initial 12-hour period file a child petition alleging abuse or neglect and setting forth supporting allegations and shall seek a nonsecure custody order. A petition filed and a nonsecure custody order obtained in accordance with this subdivision shall come on for hearing under the regular provisions of this Subchapter unless the director and the certifying physician together voluntarily dismiss the petition.
(2)	In all cases except those described in subdivision (1) above, the director shall conduct the investigation and may initiate child proceedings and take all other steps authorized by the regular provisions of this Subchapter. If the director decides not to file a petition, the physician, the administrator, or that person's designee may ask the Community Child Protection Team to review this decision according to the provisions of G.S. 7B-305.
(c)	If, upon hearing, the court determines that the child is found in a county other than the county of legal residence, in accordance with G.S. 153A-257, the child may be transferred, in accord with G.S. 7B-903(2), to the custody of the department of social services in the county of residence.
(d)	If the court, upon inquiry, determines that the medical treatment rendered was necessary and appropriate, the cost of that treatment may be charged to the parents, guardian, custodian, or caretaker, or, if the parents are unable to pay, to the county of residence in accordance with G.S. 7B-903 and G.S. 7B-904.
(e)	Except as otherwise provided, a petition begun under this section shall proceed in like manner with petitions begun under G.S. 7B-302.
(f)	The procedures in this section are in addition to, and not in derogation of, the abuse and neglect reporting provisions of G.S. 7B-301 and the temporary custody provisions of G.S. 7B-500. Nothing in this section shall preclude a physician or administrator and a director of social services from following the procedures of G.S. 7B-301 and G.S. 7B-500 whenever these procedures are more appropriate to the child's circumstances."
Section 14.  G.S. 7B-310 reads as rewritten:
"§ 7B-310.  Privileges not grounds for failing to report or for excluding evidence.
No privilege shall be grounds for any person or institution failing to report that a child may have been abused, neglected, or dependent, even if the knowledge or suspicion is acquired in an official professional capacity, except when the knowledge or suspicion is gained by an attorney from that attorney's client during representation only in the abuse, neglect, or dependency case. No privilege, except the attorney-client privilege, shall be grounds for excluding evidence of abuse, neglect, or dependency in any judicial proceeding (civil, criminal, or juvenile) in which a child's abuse, neglect, or dependency is in issue nor in any judicial proceeding resulting from a report submitted under this Article, both as this privilege relates to the competency of the witness and to the exclusion of confidential communications."
Section 15.  G.S. 7B-311 reads as rewritten:
"§ 7B-311. Central registry.
The Department of Health and Human Services shall maintain a central registry of abuse, neglect, and dependency cases and child fatalities that are the result of alleged maltreatment that are reported under this Article in order to compile data for appropriate study of the extent of abuse and neglect within the State and to identify the repeated abuse or neglect of the same child or of other children in the same family.  This data shall be furnished by county directors of social services to the Department of Health and Human Services and shall be confidential, subject to policies adopted by the Social Services Commission providing for its use for study and research and for other appropriate disclosure.  Data shall not be used at any hearing or court proceeding unless based upon a final judgment of a court of law."
Section 16.  G.S. 7B-400 reads as rewritten:
"§ 7B-400. Venue; pleading.
A proceeding in which a child is alleged to be abused, neglected, or dependent may be commenced in the district in which the child resides or is present. If, upon hearing, the court determines that the proceeding is in a county other than the county of the child's legal residence, in accordance with G.S. 153A-257, the proceeding may be transferred to the court in the district where the child resides.  A transfer under this section may be made at any time."
Section 17.  G.S. 7B-401 reads as rewritten:
"§ 7B-401. Pleading and process.
(a)	The pleading in an abuse, neglect, or dependency action is the petition. There shall be no requirement that any party file an answer to a petition alleging abuse, neglect, or dependency.
(b)	The process in an abuse, neglect, or dependency action is the summons."
Section 18.  G.S. 7B-402 reads as rewritten:
"§ 7B-402. Petition.
The petition shall contain the name, date of birth, address of the child, the name and last known address of the child's parent, guardian, custodian, or caretaker and shall allege the facts which invoke jurisdiction over the child. The petition may contain information on more than one child when the children are from the same home and are before the court for the same reason.
Sufficient copies of the petition shall be prepared so that copies will be available for each parent if living separate and apart, the guardian, custodian, or caretaker, the guardian ad litem, the social worker, and any person determined by the court to be a necessary party."
Section 19.  G.S. 7B-403 reads as rewritten:
"§ 7B-403. Receipt of reports; filing of petition.
(a)	All reports concerning a child alleged to be abused, neglected, or dependent shall be referred to the director of the department of social services for screening. Thereafter, if it is determined by the director that a report should be filed as a petition, the petition shall be drawn by the director, verified before an official authorized to administer oaths, and filed by the clerk, recording the date of filing.
(b)	A decision of the director of social services not to file a report as a petition shall be reviewed pursuant to G.S. 7B-305 if a review is requested."
Section 20.  G.S. 7B-404 reads as rewritten:
"§ 7B-404. Immediate need for petition when clerk's office is closed.
(a)	When the office of the clerk is closed, a magistrate may verify a petition and accept a petition for filing as follows:
(1)	When the director of the department of social services seeks to file a petition alleging a child to be abused, neglected, or dependent, or
(2)	When the director of the department of social services seeks to file a petition alleging the obstruction of or interference with an investigation required by G.S. 7B-302.
(b)	The authority of the magistrate under this section is limited to emergency situations when a petition is required in order to obtain a nonsecure custody order or an order under G.S. 7B-303. Any petition accepted for filing under this section shall be delivered to the clerk's office for processing as soon as that office is open for business."
Section 21.  G.S. 7B-405 reads as rewritten:
"§ 7B-405. Commencement of action.
(a)	An action is commenced by the filing of a petition in the clerk's office when that office is open or by the acceptance of a child petition by a magistrate when the clerk's office is closed, which acceptance shall constitute filing.
(b)	If any court orders a child into the custody of the department of social services pursuant to Article 25 of Subchapter II of Chapter 7B of the General Statutes, the court shall set a disposition hearing pursuant to Article 9 of this Subchapter to commence within 30 days of the entry of the order placing the child in the department's custody.  The clerk shall open a new file; parents shall be entitled to counsel pursuant to G.S. 7B-602; and the child shall have a guardian ad litem appointed pursuant to G.S. 7B-602.  All other rights and procedures applicable to this Subchapter shall apply and the case shall proceed as if it were initiated pursuant to this Subchapter."
Section 22.  Article 4 of Subchapter I of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B-405.1.  Concurrent court proceedings.
During the pendency of an action under this Subchapter, no court of this State shall exercise its jurisdiction regarding the adoption, custody, guardianship, placement, or visitation of the same child unless the proceeding under this Subchapter is stayed by the judge because the other court is a more appropriate forum or for other reasons.  Upon termination of the court's jurisdiction under this Subchapter, an abstract of judgment shall be filed in any pending action regarding the adoption, custody, guardianship, placement, or visitation of the same child."
Section 23.  G.S. 7B-406 reads as rewritten:
"§ 7B-406.  Issuance of summons.
(a)	Immediately after a petition has been filed alleging that a child is abused, neglected, or dependent, the clerk shall issue a summons to the parent, guardian, custodian, or caretaker requiring them to appear for a hearing at the time and place stated in the summons. A copy of the petition shall be attached to each summons.
(b)	A summons shall be on a printed form supplied by the Administrative Office of the Courts and shall include:
(1)	Notice of the nature of the proceeding;
(2)	Notice to any parent the name, address, and phone number of the parent's appointed counsel;
(3)	Notice that, if the court determines at the hearing that the allegations of the petition are true, the court will conduct a dispositional hearing to consider the needs of the child and enter an order designed to meet those needs and the objectives of the State; and
(4)	Notice that the dispositional order or a subsequent order:
a.	May remove the child from the custody of the parent, guardian, or custodian.
b.	May require that the child receive medical, psychiatric, psychological, or other treatment and that the parent, guardian, custodian, or caretaker participate in the treatment.
c.	May require the parent, guardian, custodian, or caretaker to undergo psychiatric, psychological, or other treatment or counseling to facilitate placement of the child with that person.
d.	May order the parent or other responsible party to pay for treatment that is ordered for the child.
e.	May order the parent, guardian, custodian, or caretaker to pay for that individual's own psychiatric, psychological, or other treatment or counseling if ordered by the court.
(c)	The summons shall advise the parent, guardian, custodian, or caretaker that upon service, jurisdiction over that person is obtained and that:
(1)	Failure to comply with any order of the court pursuant to G.S. 7B-904 may cause the court to issue a show cause order for contempt; and
(2)	The court's jurisdiction includes the authority, upon proper motion, notice, and hearing to terminate the parent's rights.
(d)	A summons shall be directed to the person summoned to appear and shall be delivered to any person authorized to serve process."
Section 24.  G.S. 7B-407 reads as rewritten:
"§ 7B-407. Service of summons.
The summons shall be served upon the parent, guardian, custodian, or caretaker pursuant to G.S. 1A-1, Rule 4(j)	not less than five days prior to the date of the scheduled hearing, except for the first nonsecure custody hearing, if applicable.  The time for service may be waived in the discretion of the judge.  Efforts to serve any unserved parent shall continue after the adjudication."
Section 25.  G.S. 7B-500 reads as rewritten:
"§ 7B-500.  Taking a child into temporary custody.
Temporary custody means the taking of physical custody and providing personal care and supervision until a court order  for nonsecure custody can be obtained.  A child may be taken into temporary custody without a court order by a law enforcement officer or a department of social services worker if there are reasonable grounds to believe that the child is abused, neglected, or dependent and that the child would be injured or could not be taken into custody if it were first necessary to obtain a court order.  If a department of social services worker takes a child into temporary custody under this section, the worker may arrange for the placement, care, supervision, and transportation of the child."
Section 26.  G.S. 7B-501 reads as rewritten:
"§ 7B-501.  Duties of person taking child into temporary custody.
(a)	A person who takes a child into custody without a court order under G.S. 7B-500 shall proceed as follows:
(1)	Notify the child's parent, guardian, custodian, or caretaker that the child has been taken into temporary custody and advise the parent, guardian, custodian, or caretaker of the right to be present with the child until a determination is made as to the need for nonsecure custody. Failure to notify the parent that the child is in custody shall not be grounds for release of the child.
(2)	Release the child to the child's parent, guardian, custodian, or caretaker if the person having the child in temporary custody decides that continued custody is unnecessary.
(3)	The person having temporary custody shall communicate with the director of the department of social services. If the decision is made to file a petition and seek nonsecure custody, the director shall contact the judge or person delegated authority pursuant to G.S. 7B-502 for a determination of the need for continued custody.
(b)	A child taken into temporary custody under this Article shall not be held for more than 12 hours, or for more than 24 hours if any of the 12 hours falls on a Saturday, Sunday, or legal holiday, unless:
(1)	A petition or motion for review has been filed by the director of the department of social services, and
(2)	An order for nonsecure custody has been entered by the court."
Section 27.  G.S. 7B-502 reads as rewritten:
"§ 7B-502. Authority to issue custody orders; delegation.
In the case of any child alleged to be within the jurisdiction of the court, the court may order that the child be placed in nonsecure custody pursuant to criteria set out in G.S. 7B-503 when custody of the child is necessary.
Any district court judge shall have the authority to issue nonsecure custody orders pursuant to G.S. 7B-503. The chief district court judge may delegate the court's authority to the magistrate by administrative order which shall be filed in the office of the clerk of superior court. The administrative order may specify which persons shall be contacted for approval of a nonsecure custody order pursuant to G.S. 7B-503."
Section 28.  G.S. 7B-503 reads as rewritten:
"§ 7B-503.  Criteria for nonsecure custody.
When a request is made for nonsecure custody, the court shall first consider release of the child to the child's parent, relative, guardian, custodian, or other responsible adult if it is safe to do so.  An order for nonsecure custody shall be made only when there is a reasonable factual basis to believe the matters alleged in the petition are true, and
(1)	The child has been abandoned; or
(2)	The child has suffered physical injury or sexual abuse; or
(3)	The child is exposed to a substantial risk of physical injury or sexual abuse because the parent, guardian, custodian, or caretaker has created the conditions likely to cause injury or abuse or has failed to provide, or is unable to provide, adequate supervision or protection; or
(4)	The child is in need of medical treatment to cure, alleviate, or prevent suffering serious physical harm which may result in death, disfigurement, or substantial impairment of bodily functions, and the child's parent, guardian, custodian, or caretaker is unwilling or unable to provide or consent to the medical treatment; or
(5)	The parent, guardian, custodian, or caretaker consents to the nonsecure custody order; or
(6)	The child is a runaway and consents to nonsecure custody.
A child alleged to be abused, neglected, or dependent shall be placed in nonsecure custody only when there is a reasonable factual basis to believe that there are no other reasonable means available to protect the child. In no case shall a child alleged to be abused, neglected, or dependent be placed in secure custody."
Section 29.  G.S. 7B-504 reads as rewritten:
"§ 7B-504.  Order for nonsecure custody.
The custody order shall be in writing and shall direct a law enforcement officer or other authorized person to assume custody of the child and to make due return on the order.  A copy of the order shall be given to the child's parent, guardian, custodian, or caretaker by the official executing the order.
An officer receiving an order for custody which is complete and regular on its face may execute it in accordance with its terms.  The officer is not required to inquire into the regularity or continued validity of the order and shall not incur criminal or civil liability for its due service."
Section 30.  G.S. 7B-505 reads as rewritten:
"§ 7B-505. Place of nonsecure custody.
A child meeting the criteria set out in G.S. 7B-503 may be placed in nonsecure custody with the department of social services or a person designated in the order for temporary residential placement in:
(1)	A licensed foster home or a home otherwise authorized by law to provide such care; or
(2)	A facility operated by the department of social services; or
(3)	Any other home or facility, including a relative's home approved by the court and designated in the order.
In placing a child in nonsecure custody under this section, the court shall first consider whether a relative of the child is willing and able to provide proper care and supervision of the child in a safe home. If the court finds that the relative is willing and able to provide proper care and supervision in a safe home, then the court shall order placement of the child with the relative unless the court finds that placement with the relative would be contrary to the best interests of the child. In placing a child in nonsecure custody under this section, the court shall consider the Indian Child Welfare Act, Pub. L. No. 95-608, 25 U.S.C. §§ 1901, et seq., as amended, and the Howard M. Metzenbaum Multiethnic Placement Act of 1994, Pub. L. No. 103-382, 108 Stat. 4056, as amended, as they may apply.  Placement of a child with a relative outside of this State must be in accordance with the Interstate Compact on the Placement of Children, Article 38 of this Chapter."
Section 31.  G.S. 7B-506 reads as rewritten:
"§ 7B-506. Hearing to determine need for continued nonsecure custody.
(a)	No child shall be held under a nonsecure custody order for more than three days without a hearing on the merits or a hearing to determine the need for continued custody. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a legal holiday.  A hearing on nonsecure custody conducted under this subsection may be continued for up to seven calendar days with the consent of the child's parent, guardian, custodian, or caretaker and, if appointed, the child's guardian ad litem. In addition, the court may require the consent of additional parties or may schedule the hearing on custody despite a party's consent to a continuance. In every case in which an order has been entered by an official exercising authority delegated pursuant to G.S. 7B-502, a hearing to determine the need for continued custody shall be conducted on the day of the next regularly scheduled session of district court in the city or county where the order was entered if such session precedes the expiration of the applicable time period set forth in this subsection: Provided, that if such session does not precede the expiration of the time period, the hearing may be conducted at another regularly scheduled session of district court in the district where the order was entered.
(b)	At a hearing to determine the need for continued custody, the court shall:
(1)	Advise the parties of their rights;
(2)	Explain the nature and purpose of the hearing;
(3)	Review the adequacy of notice and service of process;
(4)	Receive testimony aimed at determining:
a.	What precipitated the nonsecure custody order, including the results of the petitioner's risk assessment;
b.	Whether the criteria justifying nonsecure custody under G.S. 7B-503 exists; and
c.	What efforts the petitioner has made to prevent or eliminate the need for nonsecure custody or why efforts were not necessary.
The judge shall allow the guardian ad litem, child, and the child's parent, guardian, custodian, or caretaker an opportunity to introduce evidence, to be heard in the person's own behalf, and to examine witnesses.  The State shall bear the burden at every stage of the proceedings to provide clear and convincing evidence that the child's placement in custody is necessary. The court shall not be bound by the usual rules of evidence at such hearings.
(c)	The court shall be bound by criteria set forth in G.S. 7B-503 in determining whether continued custody is warranted.
(d)	If the court determines that the child meets the criteria in G.S. 7B-503 and should continue in nonsecure custody, the court shall issue an order to that effect. The order shall be in writing with appropriate findings of fact. The findings of fact shall include the following:
(1)	Placement options for the child, including possible relative placements and efforts to keep siblings together;
(2)	Efforts needed to ensure that a school-aged child's school placement and attendance are not disrupted;
(3)	Parental visitation;
(4)	Sibling visitation;
(5)	Service needs and referrals;
(6)	Financial support for the child; and
(7)	The child's immediate needs, such as an immediate need for medical treatment or evaluation.
Any order authorizing the continued nonsecure custody of a child shall also comply with the requirements of G.S. 7B-507.
(e)	If the court orders at the hearing required in subsection (a) of this section that the child remain in nonsecure custody, a subsequent hearing on continued nonsecure custody shall be held within seven calendar days of that hearing, and pending a hearing on the merits, hearings thereafter shall be held at intervals of no more than 30 calendar days.
(f)	Hearings conducted under subsection (e) of this section may be waived only with the consent of the child's parent, guardian, custodian, or caretaker, and, if appointed, the child's guardian ad litem.
The court may require the consent of additional parties or schedule a hearing despite a party's consent to waiver.
(g)	Reserved.
(h)	At each hearing to determine the need for continued custody, the court shall:
(1)	Inquire as to the identity and location of any missing parent. The court shall include findings as to the efforts undertaken to locate the missing parent and to serve that parent. The order may provide for specific efforts aimed at determining the identity and location of any missing parent;
(2)	Inquire as to whether a relative of the child is willing and able to provide proper care and supervision of the child in a safe home. If the court finds that the relative is willing and able to provide proper care and supervision in a safe home, then the court shall order temporary placement of the child with the relative unless the court finds that placement with the relative would be contrary to the best interests of the child. In placing a child in nonsecure custody under this section, the court shall consider the Indian Child Welfare Act, Pub. L. No. 95-608, 25 U.S.C. §§ 1901, et seq., as amended, and the Howard M. Metzenbaum Multiethnic Placement Act of 1994, Pub. L. No. 103-382, 108 Stat. 4056, as amended, as they may apply. Placement of a child with a relative outside of this State must be in accordance with the Interstate Compact on the Placement of Children set forth in Article 38 of this Chapter; and
(3)	Inquire as to whether there are other children remaining in the home from which the child was removed and, if there are, inquire as to the specific findings of the investigation conducted under G.S. 7B-302 and any actions taken or services provided by the director for the protection of the other children."
Section 32.  G.S. 7B-507 reads as rewritten:
"§ 7B-507.  Reasonable efforts.
(a)	An order placing or continuing the placement of a child in the custody or placement responsibility of a county department of social services, whether an order for continued nonsecure custody, a dispositional order, or a review order:
(1)	Shall contain a finding that the child's continuation in or return to the child's own home would be contrary to the child's best interest;
(2)	Shall contain findings as to whether a county department of social services has made reasonable efforts to prevent or eliminate the need for placement of the child, unless the court has previously determined under subsection (b) of this section that such efforts are not required or shall cease;
(3)	Shall contain findings as to whether a county department of social services should continue to make reasonable efforts to prevent or eliminate the need for placement of the child, unless the court has previously determined or determines under subsection (b) of this section that such efforts are not required or shall cease;
(4)	Shall specify that the child's placement and care are the responsibility of the county department of social services and that the agency is to provide or arrange for the foster care or other placement of the child; and
(5)	May provide for services or other efforts aimed at returning the child to a safe home or at achieving another permanent plan for the child.
A finding that reasonable efforts have not been made by a county department of social services shall not preclude the entry of an order authorizing the child's placement when the court finds that placement is necessary for the protection of the child.  Where efforts to prevent the need for the child's placement were precluded by an immediate threat of harm to the child, the court may find that the placement of the child in the absence of such efforts was reasonable.
(b)	In any order placing a child in the custody or placement responsibility of a county department of social services, whether an order for continued nonsecure custody, a dispositional order, or a review order, the court may direct that reasonable efforts to eliminate the need for placement of the child shall not be required or shall cease if the court makes written findings of fact that:
(1)	Such efforts clearly would be futile or would be inconsistent with the child's health, safety, and need for a safe, permanent home within a reasonable period of time;
(2)	A court of competent jurisdiction has determined that the parent has subjected the child to aggravated circumstances as defined in G.S. 7B-101;
(3)	A court of competent jurisdiction has terminated involuntarily the parental rights of the parent to another child of the parent; or
(4)	A court of competent jurisdiction has determined that: the parent has committed murder or voluntary manslaughter of another child of the parent; has aided, abetted, attempted, conspired, or solicited to commit murder or voluntarily manslaughter of the child or another child of the parent; or has committed a felony assault resulting in serious bodily injury to the child or another child of the parent.
(c)	At any hearing at which the court finds that reasonable efforts to eliminate the need for the child's placement are not required or shall cease, the court shall direct that a permanency planning hearing as required by G.S. 7B-907 be held within 30 calendar days after the date of the hearing and, if practicable, shall set the date and time for the permanency planning hearing.
(d)	In determining reasonable efforts to be made with respect to a child and in making such reasonable efforts, the child's health and safety shall be the paramount concern.  Reasonable efforts to preserve or reunify families may be made concurrently with efforts to plan for the child's adoption, to place the child with a legal guardian, or to place the child in another permanent arrangement."
Section 33.  G.S. 7B-600 is repealed.
Section 34.  G.S. 7B-601 reads as rewritten:
"§ 7B-601.  Appointment and duties of guardian ad litem.
(a)	When a petition is filed under this Subchapter, the court shall appoint a guardian ad litem to represent the child's best interests. The child is a party and the guardian ad litem and attorney advocate have standing to represent the child's best interests in all actions under this Subchapter where they have been appointed. The appointment shall be made pursuant to the program established by Article 12 of this Chapter unless representation is otherwise provided pursuant to G.S. 7B-1202 or G.S. 7B-1203. The appointment shall terminate at the end of two years. The court may reappoint the guardian ad litem pursuant to a showing of good cause upon motion of any party, including the guardian ad litem, or of the court. In every case where a nonattorney is appointed as a guardian ad litem, an attorney shall be appointed in the case in order to assure protection of the child's legal rights The duties of the guardian ad litem program shall be to make an investigation to determine the facts, the needs of the child, and the available resources within the family and community to meet those needs; to facilitate, when appropriate, the settlement of disputed issues; to offer evidence and examine witnesses at adjudication; to explore options with the court at the dispositional hearing; to conduct follow-up investigations to ensure that the orders of the court are being properly executed; to report to the court when the needs of the child are not being met; and to protect and promote the best interests of the child until formally relieved of the responsibility by the court.
(b)	The court may also authorize the guardian ad litem to accompany the child to court in any criminal action wherein the child may be called on to testify in a matter relating to abuse.
(c)	The guardian ad litem is entitled to receive any information or reports, whether or not confidential, that may in the guardian ad litem's opinion be relevant to the case. No privilege other than the attorney-client privilege may be invoked to prevent the guardian ad litem and the court from obtaining such information. The confidentiality of the information or reports shall be respected by the guardian ad litem, and no disclosure of any information or reports shall be made to anyone except by order of the court or unless otherwise provided by law.
(d)	Nothing contained in this Subchapter shall be construed to deny any child alleged to be under the jurisdiction of the court the opportunity to be represented by retained counsel in addition to the guardian ad litem."
Section 35.  G.S. 7B-602 reads as rewritten:
"§ 7B-602.  Parent's right to counsel.
(a)	In cases where the petition alleges that a child is abused, neglected, or dependent, the parent has the right to counsel and to appointed counsel in cases of indigency unless that person waives the right. The court shall appoint counsel immediately upon the receipt of the petition for all parents whose whereabouts are known.  All parents shall be conclusively presumed to be indigent for the purposes of appointed counsel for the first nonsecure hearing or conference, whichever occurs first.  Following the first nonsecure hearing or conference, the parent shall be screened and if the parent is indigent, then the appointed counsel shall continue to provide representation throughout the remainder of the proceedings unless the parent waives counsel or ceases to be indigent.  If the parent is determined not to be indigent after the first hearing or conference, the appointment shall terminate and the parent may be ordered to reimburse the State for the cost of counsel pursuant to the provisions of G.S. 7B-603.  In no case may the court appoint a county attorney, prosecutor, or public defender.
(b)	In cases where the petition alleges that a parent is a minor, or is incapable of providing for the proper care and supervision of the child due to mental retardation, mental illness, organic brain syndrome, or any other similar cause or condition, the court shall appoint a guardian ad litem for the parent immediately upon receipt of the petition.  The parent's guardian ad litem shall not be appointed from the program established by Article 12 of this Chapter.  The guardian ad litem shall be entitled to receive any information or reports, whether or not confidential, that may in the guardian ad litem's opinion be relevant to the case.  No privilege other than the attorney-client privilege may be invoked to prevent the guardian ad litem and the court from obtaining such information.  The confidentiality of the information or reports shall be respected by the guardian ad litem, and no disclosure of any information or reports shall be made to anyone except by order of the court or unless otherwise provided by law."
Section 36.  G.S. 7B-603 reads as rewritten:
"§ 7B-603.  Payment of court-appointed attorney or guardian ad litem.
An attorney or guardian ad litem appointed pursuant to G.S. 7B-601 or G.S. 7B-602 pursuant to any other provision of the Juvenile Code shall be paid a reasonable fee fixed by the court in the same manner as fees for attorneys appointed in cases of indigency or by direct engagement for specialized guardian ad litem services through the Administrative Office of the Courts.  The court may require payment of the attorney or guardian ad litem fee from a person other than the child as provided in G.S. 7A-450.1, 7A-450.2, and 7A-450.3. In no event shall the parent or guardian be required to pay the fees for a court-appointed attorney or guardian ad litem in an abuse, neglect, or dependency proceeding unless the child has been adjudicated to be abused, neglected, or dependent, or, in a proceeding to terminate parental rights, unless the parent's rights have been terminated.  A person who does not comply with the court's order of payment may be punished for contempt as provided in G.S. 5A-21."
Section 37.  G.S. 7B-700 reads as rewritten:
"§ 7B-700.  Regulation of discovery; protective orders.
(a)	The chief district court judge in each district shall designate by standing order what procedure shall be followed and what orders may be entered to allow parties discovery of records including records of the department of social services and records of other parties and agencies which may be necessary in the representation of any party to the petition.  The department of social services shall not be required to disclose the identity of any person or institution making a report pursuant to G.S. 7B-301; provided, that the presiding judge may compel the disclosure, if in the court's opinion the disclosure is necessary to a proper administration of justice and such disclosure is not prohibited by other statute or regulation. Upon written motion of a party and a finding of good cause, the court may at any time order that discovery be denied, restricted, or deferred.
(b)	The court may permit a party seeking relief under subsection (a) of this section to submit supporting affidavits or statements to the court for in camera inspection. If, thereafter, the court enters an order granting relief under subsection (a) of this section, the material submitted in camera must be available to the Court of Appeals in the event of an appeal."
Section 38.  Subchapter I of Chapter 7B of the General Statutes is amended by adding a new Article to read:
"ARTICLE 7A.
"Pre-Adjudication Conference.
"§ 7B-701.  Purpose.
The purpose of the conference is to explore the possibility of settlement, to narrow the issues as much as possible, and to stipulate to those facts that are not in dispute.
"§ 7B-702.  Time of conference.
The pre-adjudication conference shall be held in the district at such time and place as the chief district court judge shall designate unless all parties and the court agree there shall be no conference.  The pre-adjudication conference shall be conducted pursuant to G.S. 7B-703 and the General Rules of Practice in the applicable district court, adopted pursuant to G.S. 7A-34.  All parties and their attorneys shall attend the pre-adjudication conference.  Failure to appear may result in sanctions by the court.
"§ 7B-703.  Procedures for conference.
(a)	At the conference, parties shall do each of the following:
(1)	Share witness lists, exhibit lists, and exhibits.  Any listed exhibit that is not available for distribution at or before the conference shall be distributed as soon as it is available.
(2)	Define the issues.
(3)	Identify matters that can be stipulated and make stipulations.
(4)	Consider any proposed consent order.
(b)	At the conclusion of the conference, a pretrial order shall be prepared reflecting the outcome of the conference and each party shall be provided a copy of the order unless the conference immediately precedes the adjudicatory hearing or a consent judgment is entered.
(c)	If a parent's identity or whereabouts remain unknown or the paternity of the child has not been legally established, the order shall specify any steps that are to be taken to identify the parent, locate the parent, or establish paternity."
Section 39.  G.S. 7B-800 reads as rewritten:
"§ 7B-800.  Amendment of petition.
The court may permit a petition to be amended under the conditions allowing amendment in G.S. 1A-1, Rule 15 of the Rules of Civil Procedure."
Section 40.  Article 8 of Subchapter I of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B-800.1.  Consent order or judgment.
Nothing in this Subchapter precludes the court from entering a consent order or judgment in any hearing under this Subchapter when all parties and their counsel agree to the entry of and sign a consent order or judgment.  Any consent order or judgment shall comply with the requirements of G.S. 7B-507."
Section 41.  G.S. 7B-801 reads as rewritten:
"§ 7B-801. Hearing.
(a)	At any hearing authorized or required under this Subchapter, the court in its discretion shall determine whether the hearing or any part of the hearing shall be closed to the public.  In determining whether to close the hearing or any part of the hearing, the court shall consider the circumstances of the case, including, but not limited to, the following factors:
(1)	The nature of the allegations against the
	child's parent, guardian, custodian or 
	caretaker;
(2)	The age and maturity of the child;
(3)	The benefit to the child of confidentiality;
(4)	The benefit to the child of an open hearing; and
(5)	The extent to which the confidentiality afforded the child's record pursuant to G.S. 132-1.4(l) and G.S. 7B-2901 will be compromised by an open hearing.
(b)	No hearing or part of a hearing shall be closed by the court if the child requests that it remain open.
(c)	The adjudicatory hearing shall be held in the district at such time and place as the chief district court judge shall designate, but no later than 60 days from the filing of the petition unless the judge pursuant to G.S. 7B-803 orders that it be held at a later time.  Failure to conduct the adjudicatory hearing within 60 days from the filing of the petition shall not be grounds for an involuntary dismissal of the petition."
Section 42.  G.S. 7B-802 reads as rewritten:
"§ 7B-802.  Conduct of hearing.
The adjudicatory hearing shall be a judicial process designed to adjudicate the existence or nonexistence of any of the conditions alleged in a petition. In the adjudicatory hearing, the court shall protect the rights of the child and the child's parent to assure due process of law."
Section 43.  G.S. 7B-803 reads as rewritten:
"§ 7B-803.  Continuances.
(a)	Juvenile court has priority over all other district court sessions.
(b)	The court may, for good cause, continue the hearing for as long as is reasonably required to receive additional evidence, reports, or assessments that the court has requested, or other information needed in the best interests of the child and to allow for a reasonable time for the parties to conduct expeditious discovery. Otherwise, continuances shall be granted only in extraordinary circumstances when necessary for the proper administration of justice or in the best interests of the child."
Section 44. G.S. 7B-804 reads as rewritten:
"§ 7B-804.  Rules of evidence.
Where the child is alleged to be abused, neglected, or dependent, the rules of evidence in civil cases shall apply."
Section 45.  G.S. 7B-806 reads as rewritten:
"§ 7B-806.  Record of proceedings.
All hearings under this Subchapter shall be recorded by stenographic notes or by electronic or mechanical means. Records shall be reduced to a written transcript only when timely notice of appeal has been given. The court may order that other hearings be recorded."
Section 46.  G.S. 7B-807 reads as rewritten:
"§ 7B-807.  Adjudication.
If the court finds that the allegations in the petition have been proven by clear and convincing evidence, the court shall so state and adjudicate the child to be abused, neglected, or dependent. If the court finds that the allegations have not been proven, the court shall dismiss the petition with prejudice, and if the child is in nonsecure custody, the child shall be returned to the parent, guardian, custodian, or caretaker."
Section 47.  G.S. 7B-808 is repealed.
Section 48.  G.S. 7B-900 reads as rewritten:
"§ 7B-900.  Purpose.
The purpose of dispositions is to design an appropriate plan to meet the needs of the child and to achieve the objectives of the State in exercising jurisdiction. If possible and consistent with protecting the child's safety, the initial approach should involve working with the child and the child's family in their own home so that the appropriate community resources may be involved in care, supervision, and treatment according to the needs of the child.  In these cases the court should determine the appropriate community-level services to be provided to the child and the child's family in order to strengthen the home situation."
Section 49.  Article 9 of Subchapter I of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B-900.1.  Predisposition investigation and reports.
(a)	The court shall proceed to the dispositional hearing upon receipt of sufficient social, medical, psychiatric, psychological, and educational information.
(b)	Whenever the director files a petition, the department of social services shall prepare a predisposition report that includes, but is not limited to, the following:
(1)	A description of the placement plan for the child and how that plan is appropriate to the child's needs;
(2)	A description of the plan of services for the child and the child's family, and how that plan is appropriate to meet the child's needs;
(3)	A statement of changes in parental behavior that are needed to correct the conditions that led to the abuse, neglect, or dependency, and the actions the parents must take;
(4)	If there is a recommendation that the child be removed from the home:
a.	A statement of the efforts by the department of social services to prevent the need for placing the child outside the home or a statement of why such efforts are not necessary pursuant to statute;
b.	A description of the efforts by the department of social services to reunify the family, including the services that have been offered, provided, or rejected, or a statement of why such efforts are not necessary pursuant to statute;
c.	A statement of why the child cannot be protected from the identified problems while remaining in the home;
d.	The identity of all relatives and friends who have been contacted about providing a placement for the child, and a description and the nature and results of those contacts;
e.	A summary of visitation that has occurred and a plan for future visitation with the child;
f.	A statement of the child's special needs and how they may be met;
g.	The identity and location of the child's siblings and a statement of steps required to maintain contact between the siblings if they are not placed together;
h.	If applicable, a description of the child's school or day care situation and efforts to maintain the same placement; and
i.	Whether the parents are able or have contributed financially to the child's support.
(c)	The guardian ad litem for the child shall prepare a predisposition report to assist the court in reaching a disposition that will best serve the child's needs.  The report shall identify the person contacted and provide a factual basis for any recommendations.
(d)	The department of social services and the child's guardian ad litem shall provide copies of their predisposition reports to all parties and their counsel before the pre-adjudication conference, or the adjudication if no conference is held.
(e)	Predisposition reports shall not be submitted to or considered by the court until the court has rendered an adjudication order."
Section 50.  Article 9 of Subchapter I of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B-900.2.  Predisposition conference.
(a)	The purposes of the conference shall be to explore the possibilities of settlement, to narrow the issues as much as possible, and to stipulate those facts or provisions of the dispositional order that are not in dispute.
(b)	The court, at the time of the adjudication, shall set the date for the disposition and for the predisposition conference, unless all parties and the court agree there shall be no conference.  The predisposition conference shall be conducted pursuant to G.S. 7B-703 and the General Rules of Practice in the applicable district court, adopted pursuant to G.S. 7A-34.  All parties and their attorneys shall attend the predisposition conference.  Failure to appear may result in sanctions by the court."
Section 51.  G.S. 7B-901 reads as rewritten:
"§ 7B-901.  Dispositional hearing.
The dispositional hearing may be informal and the court may consider written reports or other evidence concerning the needs of the child. The child and the child's parent, guardian, custodian, or caretaker shall have an opportunity to present evidence, and they may advise the court concerning the disposition they believe to be in the best interests of the child.  The dispositional hearing shall take place immediately after the adjudication unless for good cause, the court orders that it should be continued."
Section 52.  G.S. 7B-902 is repealed.
Section 53.  G.S. 7B-903 reads as rewritten:
"§ 7B-903. Dispositional alternatives for abused, neglected, or dependent child.
The following alternatives for disposition shall be available to any court exercising jurisdiction, and the court may combine any of the applicable alternatives when the court finds the disposition to be in the best interests of the child:
(1)	 
(2)	In the case of any child who needs more adequate care or supervision or who needs placement, the court may:
a.	Require that the child be supervised in the child's own home by the department of social services in the child's county, or by other personnel as may be available to the court, subject to conditions applicable to the parent, guardian, custodian, or caretaker as the court may specify; or
b.	Place the child in the custody of a parent, relative, or other suitable person; however, no child shall be placed in the custody of a relative or other suitable person unless the court finds that:
1.	The child has resided with the relative or other suitable person for a period of at least six months, or less if the court finds a compelling reason to shorten the time; and
2.	The placement is a safe and permanent home and in the child's best interests; or
c.	Place the child in the custody of the department of social services in the county of the child's residence, or in the case of a child who has legal residence outside the State, in the physical custody of the department of social services in the county where the child is found so that agency may return the child to the responsible authorities in the child's home state. The director may, unless otherwise ordered by the court, arrange for, provide, or consent to, needed routine or emergency medical or surgical care or treatment. In the case where the parent is unknown, unavailable, or unable to act on behalf of the child, the director may, unless otherwise ordered by the court, arrange for, provide, or consent to any psychiatric, psychological, educational, or other remedial evaluations or treatment for the child placed by a court or the court's designee in the custody or physical custody of a county department of social services under the authority of this or any other Chapter of the General Statutes. Prior to exercising this authority, the director shall make reasonable efforts to obtain consent from a parent or guardian of the affected child. If the director cannot obtain such consent, the director shall promptly notify the parent or guardian that care or treatment has been provided and shall give the parent frequent status reports on the circumstances of the child. Upon request of a parent or guardian of the affected child, the results or records of the aforementioned evaluations, findings, or treatment shall be made available to such parent or guardian by the director unless prohibited by G.S. 122C-53(d).  
		In placing a child in out-of-home care under this section, the court shall first consider whether a relative of the child is willing and able to provide proper care and supervision of the child in a safe home.  If the court finds that the relative is willing and able to provide proper care and supervision in a safe home, then the court shall order placement of the child with the relative unless the court finds that the placement is contrary to the best interests of the child.  Placement of a child with a relative outside of this State must be in accordance with the Interstate Compact on the Placement of Children; or
d.	Appoint a guardian of the person; however, no guardian of the person shall be appointed unless the court finds that:
1.	The child has resided with the proposed guardian for a period of at least six months, or less if the court finds a compelling reason to shorten the time; and
2.	The placement is a safe and permanent home and in the child's best interests.
	The guardian shall operate under the supervision of the court with or without bond and shall file only such reports as the court shall require.  The guardian shall have the care, custody, and control of the child or may arrange a suitable placement for the child and may represent the child in legal actions before any court.  The guardian may consent to certain actions on the part of the child in place of the parent including (i) marriage, (ii) enlisting in the armed forces, and (iii) enrollment in school.  The guardian may also consent to any necessary remedial, psychological, medical, or surgical treatment for the child.  The authority of the guardian shall continue until the guardianship is terminated by court order, until the child is emancipated pursuant to Article 35 of Subchapter IV of this Chapter, or until the child reaches the age of majority.
(3)	In any case, the court may order that the child be examined by a physician, psychiatrist, psychologist, or other qualified expert as may be needed for the court to determine the needs of the child:
a.	Upon completion of the examination, the court shall conduct a hearing to determine whether the child is in need of medical, surgical, psychiatric, psychological, or other treatment and who should pay the cost of the treatment. The county manager, or such person who shall be designated by the chairman of the county commissioners, of the child's residence shall be notified of the hearing, and allowed to be heard. If the court finds the child to be in need of medical, surgical, psychiatric, psychological, or other treatment, the court shall permit the parent or other responsible persons to arrange for treatment. If the parent declines or is unable to make necessary arrangements, the court may order the needed treatment, surgery, or care, and the court may order the parent to pay the cost of the care pursuant to G.S. 7B-904. If the court finds the parent is unable to pay the cost of treatment, the court shall order the county to arrange for treatment of the child and to pay for the cost of the treatment. The county department of social services shall recommend the facility that will provide the child with treatment.
b.	If the court believes, or if there is evidence presented to the effect that the child is mentally ill, has a serious emotional disturbance, is a substance abuser, or is developmentally disabled, the court shall refer the child to the area mental health, developmental disabilities, and substance abuse services director for appropriate action. A child shall not be committed directly to a State hospital or a developmental disability or substance abuse center except pursuant to Chapter 122C of the General Statutes; and orders purporting to commit a child directly to a State hospital or a developmental disability or substance abuse center shall be void and of no effect. The area mental health, developmental disabilities, and substance abuse director shall be responsible for arranging an interdisciplinary evaluation of the child and mobilizing resources to meet the child's needs. If institutionalization is determined to be the best service for the child, admission shall be with the voluntary consent of the parent, guardian, or custodian.  If the parent, guardian, custodian, or caretaker refuses to consent to a State hospital or a developmental disability or substance abuse center admission after such institutionalization is recommended by the area mental health, developmental disabilities, and substance abuse director, the signature and consent of the court may be substituted for that purpose. In all cases in which a State hospital or developmental disability or substance abuse center refuses admission to a child referred for admission by a court and an area mental health, developmental disabilities, and substance abuse director or discharges a child previously admitted on court referral prior to completion of treatment, the State hospital or developmental disability or substance abuse center shall submit to the court a written report setting out the reasons for denial of admission or discharge and setting out the child's diagnosis, indications of mental illness, indications of need for treatment, and a statement as to the location of any facility known to have a treatment program for the child in question."
Section 54.  G.S. 7B-904 reads as rewritten:
"§ 7B-904.  Authority over parent, guardian, custodian, and caretaker of child adjudicated as abused, neglected, or dependent.
(a)	If the court orders medical, surgical, psychiatric, psychological, or other treatment pursuant to G.S. 7B-903, the court may order the parent or other responsible parties to pay the cost of the treatment or care ordered.
(b)	At the dispositional hearing or a subsequent hearing in the case of a child who has been adjudicated abused, neglected, or dependent, if the court finds that it is in the best interests of the child for the parent, guardian, custodian, or caretaker to be directly involved in the child's treatment, the court may order the parent, guardian, custodian, or caretaker to participate in medical, psychiatric, psychological, or other treatment of the child. The cost of the treatment shall be paid pursuant to G.S. 7B-903.
(c)	At the dispositional hearing or a subsequent hearing in the case of a child who has been adjudicated abused, neglected, or dependent, the court may determine whether the best interests of the child require that the parent, guardian, custodian, or caretaker undergo psychiatric, psychological, or other treatment or counseling to facilitate placement of the child with that person.  If the court finds that the best interests of the child require a parent, guardian, custodian, or caretaker undergo treatment, it may order that person to comply with a plan of treatment approved by the court or condition legal custody or physical placement of the child with that person upon that person's compliance with the plan of treatment.
(c1)	The court shall conduct a hearing to determine who should pay the cost of the treatment ordered pursuant to subsection (c) of this section.  The county manager, or such person who shall be designated by the chair of the county commissioners, of the child's residence shall be notified of the hearing and allowed to be heard.  The court may order the parent, guardian, custodian, or caretaker to pay the cost of treatment ordered pursuant to subsection (c). In cases in which the court has conditioned legal custody or physical placement of the child with the parent, guardian, custodian, or caretaker upon that person's compliance with a plan of treatment, the court may charge the cost of the treatment to the county of the child's residence if the court finds the parent, guardian, custodian, or caretaker is unable to pay the cost of the treatment and the treatment is not currently available from the area mental health program that serves the parent, guardian, custodian, or caretaker.  In all other cases, if the court finds the parent, guardian, custodian, or caretaker is unable to pay the cost of the treatment ordered pursuant to subsection (c), the court may order the parent, guardian, custodian, or caretaker to receive treatment currently available from that individual's area mental health program.
(d)	Whenever legal custody of a child is vested in someone other than the child's parent, after due notice to the parent and after a hearing, the court may order that the parent pay a reasonable sum that will cover, in whole or in part, the support of the child after the order is entered. If the court requires the payment of child support, the amount of the payments shall be determined as provided in G.S. 50-13.4(c). If the court places a child in the custody of a county department of social services and if the court finds that the parent is unable to pay the cost of the support required by the child, the cost shall be paid by the county department of social services in whose custody the child is placed, provided the child is not receiving care in an institution owned or operated by the State or federal government or any subdivision thereof.
(e)	Failure of a parent, guardian, custodian, or caretaker who is personally served to participate in or comply with this section may result in a proceeding for civil contempt."
Section 55.  Article 9 of Subchapter I of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B-904.1.  Authority over public agencies.
At any time after adjudication, if it appears that the best interest of the child may require that the child receive services from a public agency, the court may direct the clerk or a party to serve the director or other appropriate representative of the agency with a written notice of the hearing and of the issues to be addressed that involve that agency.  At the hearing for which the agency has been served with notice, the agency shall have the opportunity to be heard.  The court may hear evidence relating to the level and type of services that the agency can provide to meet the child's needs.  The court shall have authority to order the public agency to provide or arrange for the provision of services to meet the child's needs.  The failure of the public agency to comply with such order may result in contempt proceedings pursuant to Chapter 5A of the General Statutes."
Section 56.  G.S. 7B-905 reads as rewritten:
"§ 7B-905. Dispositional order.
(a)	The dispositional order shall be in writing and shall contain appropriate findings of fact and conclusions of law. The court shall state with particularity, both orally and in the written order of disposition, the precise terms of the disposition including the kind, duration, and the person who is responsible for carrying out the disposition and the person or agency in whom custody is vested.
(b)	A dispositional order shall direct that the review hearing required by G.S. 7B-906 be held within 90 days from of the date of the dispositional hearing, unless the court's jurisdiction has terminated, and, if practicable, shall set the date and time for the review hearing.
(c)	Any dispositional order shall comply with the requirements of G.S. 7B-507.  Any dispositional order shall provide for appropriate visitation as may be in the best interests of the child and consistent with the child's health and safety.  If the child is placed in the custody or placement responsibility of a county department of social services, the court may order the director to arrange, facilitate, and supervise a visitation plan expressly approved by the court.  The director shall not allow unsupervised visitation with, or return physical custody of the child, to the parent, guardian, custodian, or caretaker from whom the child has been removed without an order in which the court finds that the child will receive proper care and supervision."
Section 57.  G.S. 7B-906 reads as rewritten:
"§ 7B-906. Review of custody order.
(a)	The court shall conduct a review hearing within 90 days from the date of the dispositional hearing and shall conduct a review hearing within six months thereafter. 
(a1)	The date and time for the review hearing shall be set at the previous hearing and included in the order, if practicable.  If not set at the previous hearing, the clerk shall calendar in a timely manner the case at a session of court scheduled for hearing under this Subchapter.  The clerk shall give 15 days' notice of the review to the parent, guardian, custodian, or agency with custody, the guardian ad litem, and any other person the court may specify, indicating the court's impending review.  The director shall give 10 days' notice of the review to the child if the child is 12 years of age or more, and any relative, foster parent, or preadoptive parent providing care for the child.  The director shall document delivery of such notice in the social services case record.  Nothing in this provision shall be construed to make any foster parent, relative, or preadoptive parent providing care for the child a party to the proceeding solely based on receiving such notice and an opportunity to be heard.
(a2)	The director shall file and deliver a written court summary to all counsel, unrepresented parties, and the Guardian ad Litem Program Administrator before each review hearing.  The summary shall describe the progress in the case since the last hearing and include current recommendations.  The Guardian ad Litem Program Administrator shall file and deliver a written court summary to the director, all counsel, and unrepresented parties before the review hearing.  The report shall identify the persons contacted and provide a factual basis for any recommendations.  The time frames for filing and delivering each report and for filing and delivering objections to the reports shall be set pursuant to the General Rules of Practice in the applicable district court, adopted pursuant to G.S. 7A-34.
(a3)	Whenever a party objects to any recommendations made in the reports of the department of social services or the guardian ad litem, there shall be a prehearing conference.  The prehearing conference shall be conducted pursuant to the General Rules of Practice in the applicable district court, adopted pursuant to G.S. 7A-34.
						(c)	At every review hearing, the court shall consider information from the parent, the child, the guardian, any foster parent, relative, or preadoptive parent providing care for the child, the custodian or agency with custody, the guardian ad litem, and any other person or agency which will aid in its review.
In each case the court shall consider the following criteria and make written findings regarding those that are relevant:
									(10)	Whether the agency's efforts to locate, notify, and work with all parties not currently active in the litigation have been sufficient, and what further actions are necessary;
(11)	Whether the parents are able or have contributed financially to the child's support;
(12)	A summary of parental visitation that has occurred since the last hearing;
(13)	A brief description of the services and assistance that have been offered or provided to the family since the previous hearing if the previous hearing found reunification to be the case objective;
(14)	The extent to which problems necessitating State intervention have been remedied and, if reunification continues to be the case objective, the actions that should be taken by the parents to permit the return of the child;
(15)	Whether efforts to reunite the family clearly would be futile or inconsistent with the child's safety and need for a safe, permanent home within a reasonable period of time;
(16)	Where efforts to reunite the family have been previously found to be futile or inconsistent with the child's safety and the need for a safe, permanent home within a reasonable period of time, the efforts which have been made to evaluate or plan for other permanent placement;
(17)	An assessment of compliance by the agency and parents with the department of social services case plan and with previous orders and recommendations of the court;
(18)	Reports on the placements the child has had and the appropriateness of the current placement, and any services offered to the child;
(19)	The location of any siblings, and if siblings are separated, a statement of the reasons for the separation, and whether steps have been and will be taken to unite them and to maintain regular contact during the separation;
(20)	A proposed timetable for the child's return home or other permanent placement;
(21)	If the child is 16 or 17 years of age, a report on an independent living assessment of the child, and, if appropriate, an independent living plan for the child;
(22)	Any other criteria the court deems necessary.
(d)	The court, after making findings of fact, may make any disposition authorized by G.S. 7B-903. The court may enter an order continuing the placement under review or providing for a different placement as is deemed to be in the best interests of the child and consistent with the plan for the child. If at any time custody is placed with a parent, relative, or other suitable person pursuant to G.S. 7B-903(1)b., or appointed a guardian of the person pursuant to G.S. 7B-903(1)d., the court shall be relieved of the duty to conduct further hearings under this Subchapter.
(e)	Reserved.
(f)	The provisions of G.S. 7B-507 shall apply to any order entered under this section."
Section 58.  G.S. 7B-907 reads as rewritten:
"§ 7B-907.  Permanency planning hearing.
(a)	At a hearing designated by the court, but no more than 12 months after the filing of the petition under this Subchapter, a review designated as a permanency planning hearing shall be held under this section and may be combined with a review hearing required under G.S. 7B-906.  A second permanency planning hearing shall be held six months thereafter.  Subsequent permanency planning hearings shall be held at least once every three months thereafter, or earlier as set by the court, to review the progress made in finalizing the permanent plan for the child, or if necessary, to make a new permanent plan for the child.  At each hearing, the court shall set the date and time for the next hearing, if practicable.  The purpose of the permanency planning hearing shall be to develop a plan to achieve a safe, permanent home for the child within a reasonable period of time.
(a1)	If not set at the previous hearing, the clerk shall calendar in a timely manner the case at a session of court scheduled for hearing under this Subchapter.  The clerk shall give 15 days' notice of the permanency planning hearing to the parent, guardian, custodian, or agency with custody, the guardian ad litem, and any other person the court may specify, indicating the court's impending hearing.  The director shall give 10 days' notice of the hearing to the child if 12 years of age or more, and any relative, foster parent, or preadoptive parent providing care for the child.  The director shall document delivery of such notice in the social services case record.  Nothing in this provision shall be construed to make any foster parent, relative, or preadoptive parent providing care for the child a party to the proceeding solely based on receiving such notice and an opportunity to be heard.
(a2)	The director shall file and deliver a written court summary to all counsel, unrepresented parties, and the Guardian ad Litem Program Administrator before the permanency planning hearing.  The summary shall state the permanent plan of care recommended by the department of social services and the basis for its recommendation.  The Guardian ad Litem Program Administrator shall file and deliver a written court summary to the director, all counsel, and unrepresented parties before the permanency planning hearing.  The report shall identify the persons contacted and provide a factual basis for any recommendation.  The time frames for filing and delivering each report and for filing and delivering objections to the reports shall be set pursuant to G.S. 7A-34.
(a3)	Whenever a party objects to any recommendations made in the reports of the department of social services or the guardian ad litem, there shall be a prehearing conference.  The prehearing conference shall be conducted pursuant to the General Rules of Practice in the applicable district court, adopted pursuant to G.S. 7A-34.
(b)	At any permanency planning review, the court shall consider information from the parent, the child, the guardian, any foster parent, relative or preadoptive parent providing care for the child, the custodian or agency with custody, the guardian ad litem, and any other person or agency which will aid it in the court's review.  At the conclusion of the hearing, if the child is not placed in the legal custody of a parent, relative, or other suitable person pursuant to G.S. 7B-903(1)b. or appointed a guardian of the person pursuant to G.S. 7B-903(1)d., the court shall consider the following criteria and make written findings regarding those that are relevant:
(1)	Whether it is possible for the child to be returned home immediately or within the next three months, and if not, why it is not in the child's best interests to return home;
(2)	Where the child's return home is unlikely within three months, whether legal guardianship or custody with a relative or some other suitable person should be established, and if so, the rights and responsibilities which should remain with the parents;
(3)	Where the child's return home is unlikely within three months, whether adoption should be pursued and if so, any barriers to the child's adoption;
(4)	Where the child's return home is unlikely within three months, whether the child should remain in the current placement or be placed in another permanent living arrangement and why;
(5)	Whether the county department of social services has since the initial permanency plan hearing made reasonable efforts to implement the permanent plan for the child;
(6)	Any other criteria the court deems necessary.
(c)	At the conclusion of the hearing, the judge shall make specific findings as to the best plan of care to achieve a safe, permanent home for the child within a reasonable period of time.  The judge may make any disposition authorized by G.S. 7B-903.  If the child is not placed in the legal custody of a parent, relative, or other suitable person pursuant to G.S. 7B-903(1)b. or appointed a guardian of the person pursuant to G.S. 7B-903(1)d., the court shall enter an order consistent with its findings that directs the department of social services to make reasonable efforts to place the child in a timely manner in accordance with the permanent plan, to complete whatever steps are necessary to finalize the permanent placement of the child, and to document such steps in the child's case plan.  If at any time custody is placed with a parent, or other person pursuant to G.S. 7B-903(1)b. or the child is appointed a guardian of the person pursuant to G.S. 7B-903(1)d., the court shall be relieved of the duty to conduct further hearings under this Subchapter.
If the court continues the child's placement in the custody or placement responsibility of a county department of social services, the provisions of G.S. 7B-507 shall apply to any order entered under this section.
(d)	In the case of a child who is in the custody or placement responsibility of a county department of social services, and has been in placement outside the home for 15 of the most recent 22 months; or a court of competent jurisdiction has determined that the parent has abandoned the child; or has committed murder or voluntary manslaughter of another child of the parent; or has aided, abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of the child or another child of the parent, the court shall order the director of the department of social services to initiate a proceeding to terminate the parental rights of the parent unless the court makes specific findings why the filing of a petition for termination of parental rights is not in the best interests of the child, which findings may include, but are not limited to, the following:
(1)	The permanent plan for the child is guardianship or custody with a relative or some other suitable person.
		(4)	Services identified in the case plan have not been provided within the times specified in the case plan and such services are available and may make it possible for the child to safely return home within three months.
(5)	The parent has made substantial progress in eliminating the problems causing the child's continued placement in foster care; it is likely that the child will be able to safely return home within three months; no prior extension has been granted; and return home will be in the child's best interests.
(6)	A parent is terminally ill but in remission and does not wish for parental rights to be terminated.  The parent has designated a permanent caretaker or standby guardian of the child.
(7)	A child who is in a family placement has complex and expensive medical or special needs, the State adoption subsidy and other benefits are insufficient to reliably cover the costs of the child's present or anticipated care and treatment, and the placement is an otherwise permanent placement that will continue through the minority of the child.
(e)	If a proceeding to terminate the parental rights of the child's parents is necessary in order to perfect the permanent plan for the child, the director of the department of social services shall file a petition to terminate parental rights within 60 calendar days from the date of the permanency planning hearing unless the court makes written findings why the petition cannot be filed within 60 days.  If the court makes findings to the contrary, the court shall specify the time frame in which any needed petition to terminate parental rights shall be filed."
Section 59.  G.S. 7B-908 reads as rewritten:
"§ 7B-908. Posttermination of parental rights' placement court review.
(a)	The purpose of each placement review is to ensure that every reasonable effort is being made to provide for a permanent placement plan for the child who has been placed in the custody of a county director or licensed child-placing agency, which is consistent with the child's best interests. At each review hearing the court may consider information from the department of social services, the licensed child-placing agency, the guardian ad litem, the child, any foster parent, relative, or preadoptive parent providing care for the child, and any other person or agency the court determines is likely to aid in the review.
(b)	The court shall conduct a placement review not later than three months from the date of the termination hearing when parental rights have been terminated by a petition brought by any person or agency designated in G.S. 7B-1103(2) through (5) and a county director or licensed child-placing agency has custody of the child. The court shall conduct reviews every three months thereafter until the  child is placed for adoption and the adoption petition is filed by the adoptive parents.  At each hearing, the court shall set the date and time for the next hearing, if practicable:
(1)	If not set at the previous hearing, the clerk shall calendar in a timely manner the case at a session of court scheduled for hearings under this Subchapter.  The clerk shall give 15 days' notice of the posttermination of parental rights placement hearing to the child if the child is at least 12 years of age, the legal custodian of the child, any foster parent, relative, or preadoptive parent providing care for the child, the guardian ad litem, and any other person or agency the court may specify. Nothing in this subdivision shall be construed to make any foster parent, relative, or preadoptive parent a party to the proceeding solely based on receiving notice and an opportunity to be heard.
	(3)	The department of social services shall file and deliver a written court summary to all counsel and unrepresented parties and the Guardian ad Litem Program Administrator prior to the hearing.  The summary shall include, but not be limited to, the following:
a.	The child's eligibility for adoption subsidy.
b.	Where adoptive parents have been identified, a schedule and description of steps to be taken to finalize the adoption.
c.	Where adoptive parents have not been identified, a discussion of the department's efforts to locate an adoptive placement.
d.	What educational and other services the child is receiving; the child's present behaviors, and any changes in the child's placement since the last hearing.
(4)	The Guardian ad Litem Program Administrator shall file and deliver a written court summary to the director, all counsel, and unrepresented parties before the hearing.  The summary shall identify the person contacted and provide a factual basis for any recommendations.
(5)	The time frames for filing and delivering each report and filing and delivering objections to the reports shall be set pursuant to the General Rules of Practice in the applicable district court, adopted pursuant to G.S. 7A-34.  Whenever a party objects to any recommendations made in the reports of the department of social services or the guardian ad litem, there shall be a prehearing conference.  The prehearing conference shall be conducted pursuant to the General Rules of Practice in the applicable district court, adopted pursuant to G.S. 7A-34.
(c)	In its review, the court shall consider the following criteria and make written findings regarding those that are relevant:
(1)	The adequacy of the plan developed by the county department of social services or a licensed child-placing agency for a permanent placement relative to the child's best interests and the efforts of the department or agency to implement such plan;
(2)	Whether the child has been listed for adoptive placement with the North Carolina Adoption Resource Exchange, the North Carolina Photo Adoption Listing Service (PALS), or any other State, regional, or national adoption exchanges including electronic exchange systems; and
(3)	The efforts previously made by the department or agency to find a permanent home for the child.
(d)	The court, after making findings of fact, shall affirm the county department's or child-placing agency's plans or require specific additional steps which are necessary to accomplish a permanent placement which is in the best interests of the child.
(e)	If an adoption petition has been filed prior to the date scheduled for the review, written notice of said petition shall be given to the clerk to be placed in the court file, and the review hearing shall be cancelled with notice of said cancellation given by the clerk to all persons previously notified.
(f)	The process of selection of specific adoptive parents shall be the responsibility of and within the discretion of the county department of social services or licensed child-placing agency.  The guardian ad litem shall be given notice of any adoption selection meeting and shall receive any relevant information regarding the selection process from the county department of social services or the child-placing agency at least 10 days prior to the meeting.  The guardian ad litem shall be entitled to present any information relevant to the selection process at the adoption selection meeting.
(g)	The county department of social services shall file notice with the court within 10 days of specific adoptive parents being selected.  Within 10 days of the filing of the notice, the guardian ad litem may file a motion seeking review of the selection decision.  A hearing on the motion shall be held within 30 days.  The selection of adoptive parents by the county department of social services shall be upheld unless the court makes specific findings by clear, cogent, and convincing evidence that the county department's selection decision is not in the best interests of the child."
Section 60.  G.S. 7B-909 reads as rewritten:
"§ 7B-909.  Review of agency's plan for placement.
(a)	The director of social services or the director of the licensed private child-placing agency shall promptly notify the clerk to calendar the case for review of the department's or agency's plan for the child at a session of court scheduled for the hearing of juvenile matters in any case where:
(1)	One parent has surrendered a child for adoption under the provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes and the termination of parental rights pleadings have not been filed against the nonsurrendering parent within two months of the surrender by the other parent, or
(2)	Both parents have surrendered a child for adoption under the provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes and that child has not been placed for adoption within three months from the date of the more recent parental surrender.
(b)	In any case where an adoption is dismissed or withdrawn and the child returns to foster care with a department of social services or a licensed private child-placing agency, then the department of social services or licensed child-placing agency shall notify the clerk, within 30 days from the date the child returns to care, to calendar the case for review of the agency's plan for the child at a session of court scheduled for the hearing under this Subchapter.
(c)	Notification of the court required under subsection (a) or (b) of this section shall be by a petition for review. The petition shall set forth the circumstances necessitating the review under subsection (a) or (b) of this section. The review shall be conducted within 30 days following the filing of the petition for review unless the court shall otherwise direct. The court shall conduct reviews every six months until the child is placed for adoption and the adoption petition is filed by the adoptive parents. The initial review and all subsequent reviews shall be conducted pursuant to G.S. 7B-908."
Section 61.  G.S. 7B-910 reads as rewritten:
"§ 7B-910.  Review of voluntary foster care placements.
								A child placed under a voluntary agreement between the child's parent or guardian and the county department of social services shall not remain in placement more than 90 days without the filing of a petition alleging abuse, neglect, or dependency."
Section 62.  G.S. 7B-1000 reads as rewritten:
"§ 7B-1000.  Authority to modify or vacate.
(a)	Upon motion in the cause or petition, and after notice, the court may conduct a review hearing to determine whether the order of the court is in the best interests of the child, and the court may modify or vacate the order in light of changes in circumstances or the needs of the child.
(b)	In any case where the court finds the child to be abused, neglected, or dependent, the jurisdiction of the court to modify any order or disposition made in the case shall continue during the minority of the child, until terminated by order of the court, or until the child is otherwise emancipated."
Section 63.  G.S. 7B-1001 reads as rewritten:
"§ 7B-1001.  Right to appeal.
Upon motion of a proper party as defined in G.S. 7B-1002, review of any final order of the court in a matter under this Article shall be before the Court of Appeals. Notice of appeal shall be given in open court at the time of the hearing or in writing within 10 days after entry of the order. The order rendered at the conclusion of the hearing shall be signed and entered within 30 days of the conclusion of the hearing. A final order shall include:
(1)	Any order finding absence of jurisdiction;
(2)	Any order which in effect determines the action and prevents a judgment from which appeal might be taken;
(3)	Any order of disposition after an adjudication that a child is abused, neglected, or dependent; however, if no disposition is made within 60 days after entry of the order of adjudication, written notice of appeal may be given within 70 days after such entry; or
(4)	Any order modifying custodial rights."
Section 64.  G.S. 7B-1002 reads as rewritten:
"§ 7B-1002.  Proper parties for appeal.
An appeal may be taken by the guardian ad litem or the child, the child's parent, guardian, or custodian, or the State or county agency."
Section 65.  G.S. 7B-1003 reads as rewritten:
"§ 7B-1003.  Disposition pending appeal.
Pending disposition of an appeal, the hearings required by this Subchapter shall be held and the court may enter a temporary order affecting the custody or placement of the child as the court finds to be in the best interests of the child.  The provisions of subsections (b), (c), and (d) of G.S. 7B-905 shall apply to any order entered under this section which provides for the placement or continued placement of a child in foster care."
Section 66.  G.S. 7B-1004 reads as rewritten:
"§ 7B-1004.  Disposition after appeal.
Upon the affirmation of the order of adjudication or disposition of the court by the Court of Appeals or by the Supreme Court in the event of an appeal, the court shall have authority to modify or alter the original order of adjudication or disposition as the court finds to be in the best interests of the child and consistent with the appellate ruling. If the modifying order is entered ex parte, the court shall give notice to interested parties to show cause within 10 days thereafter as to why the modifying order should be vacated or altered."
Section 67.  G.S. 7B-1100 reads as rewritten:
"§ 7B-1100.  Legislative intent; construction of Article.
The General Assembly hereby declares as a matter of legislative policy with respect to termination of parental rights:
(1)	The general purpose of this Article is to provide judicial procedures for terminating the legal relationship between a child and the child's biological or legal parents when the parents have demonstrated that they will not provide the degree of care which promotes the healthy and orderly physical and emotional well-being of the child.
(2)	It is the further purpose of this Article to recognize the necessity for any child to have a permanent plan of care at the earliest possible age, while at the same time recognizing the need to protect all children from the unnecessary severance of a relationship with biological or legal parents.
(3)	Action which is in the best interests of the child should be taken in all cases where the interests of the child and those of the child's parents or other persons are in conflict.
(4)	This Article shall not be used to circumvent the provisions of Chapter 50A of the General Statutes, the Uniform Child Custody Jurisdiction Act."
Section 68.  G.S. 7B-1101 reads as rewritten:
"§ 7B-1101.  Jurisdiction.
The court shall have exclusive original jurisdiction to hear and determine any petition relating to termination of parental rights to any child who resides in, is found in, or is in the legal or actual custody of a county department of social services or licensed child-placing agency in the district at the time of filing of the petition. When the court has jurisdiction over a child and the child's parent in an abuse, neglect, or dependency proceeding, the court shall have jurisdiction in that proceeding to terminate the parent's rights to the child.  The court shall have jurisdiction to terminate the parental rights of any parent irrespective of the age of the parent. 
		Provided, that before exercising jurisdiction under this Article, the court shall find that it would have jurisdiction to make a child-custody determination under the provisions of G.S. 50A-3. Provided, further, that the clerk of superior court shall have jurisdiction for adoptions under the provisions of G.S. 48-2-100 and Chapter 48 of the General Statutes generally."
Section 69.  G.S. 7B-1102 reads as rewritten:
"§ 7B-1102. Pending child abuse, neglect, or dependency hearings.
When a child is currently within the jurisdiction of the district court based upon an abuse, neglect, or dependency proceeding, a motion for termination of a parent's rights to that child may be filed as a motion in the cause in the abuse, neglect, or dependency proceeding if the parent is a party to that proceeding.  Any parent of that child who was previously served in the abuse, neglect, or dependency proceeding in accordance with G.S. 7B-407 shall be served with the motion to terminate parental rights in accordances with G.S. 1A-1, Rule 5.  Any parent of that child who was not previously served in the abuse, neglect, or dependency proceeding in accordance with G.S. 7B-407 shall be served in accordance with G.S. 1A-1, Rule 4."
Section 70.  Article 11 of Subchapter I of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B-1102.1.  Parent's right to and appointment of counsel.
(a)	The parent has the right to counsel and to appointed counsel in cases of indigence unless the parent waives the right.  The fees of appointed counsel shall be borne by the Administrative Office of the Courts.
(b)	When a judicial proceeding to terminate parental rights is filed as a motion in a pending child abuse, neglect, and dependency action, any counsel or guardian ad litem representing a respondent parent pursuant to G.S. 7B-602 shall continue the representation through the termination of parental rights proceeding.
(c)	In addition to the right to appointed counsel pursuant to subsection (a) of this section, a guardian ad litem shall be appointed in accordance with the provisions of G.S. 1A-1, Rule 17, to represent a parent in the following cases:
(1)	Where it is alleged that a parent's rights should be terminated because the parent is incapable of providing for the proper care and supervision of the child, such that the child is a dependent child within the meaning of G.S. 7B-101, and that there is a reasonable probability that such incapability will continue for the foreseeable future.  Incapability under this section may be the result of mental retardation, mental illness, organic brain syndrome, or any other similar cause or condition; or
(2)	Where the parent is under the age of 18 years.
The parent's guardian ad litem shall not be appointed from the program established by Article 12 of this Chapter.  The fees of the guardian ad litem shall be borne by the Administrative Office of the Courts when the court finds that the respondent is indigent.  In other cases the fees of the court-appointed guardian ad litem shall be a proper charge against the respondent, if the respondent does not secure private legal counsel."
Section 71.  G.S. 7B-1103 reads as rewritten:
"§ 7B-1103.  Who may file petition or motion.
(a)	A petition to terminate the parental rights of either or both parents to his, her, or their minor child may only be filed by:
(1)	Either parent seeking termination of the right of the other parent; or
(2)	Any person who has been judicially appointed as the guardian of the person of the child; or
(3)	Any county department of social services, consolidated county human services agency, or licensed child-placing agency to whom custody of the child has been given by a court of competent jurisdiction; or
(4)	Any county department of social services, consolidated county human services agency, or licensed child-placing agency to which the child has been surrendered for adoption by one of the parents or by the guardian of the person of the child, pursuant to G.S. 48-3-701; or
(5)	Any person with whom the child has resided for a continuous period of two years or more next preceding the filing of the petition; or
(6)	Any guardian ad litem appointed to represent the minor child pursuant to G.S. 7B-601 who has not been relieved of this responsibility; or
(7)	Any person who has filed a petition for adoption pursuant to Chapter 48 of the General Statutes.
(b)	A motion pursuant to G.S. 7B-1102 to terminate the parental rights of either or both parents to his, her, or their minor child may only be filed by:
(1)	Any person who has been appointed in the abuse, neglect, or dependency proceeding as the guardian of the person of the child; or
(2)	Any county department of social services or consolidated county human services agency that is a party to the abuse, neglect, or dependency proceeding; or
(3)	Any guardian ad litem appointed to represent the minor child in the abuse, neglect, or dependency proceeding who has not been relieved of this responsibility."
Section 72.  G.S. 7B-1104 reads as rewritten:
"§ 7B-1104.  Petition or motion.
(a)	The petition shall be verified by the petitioner and shall be entitled "In Re (last name of child)", a minor child; and shall set forth such of the following facts as are known; and with respect to the facts which are unknown the petitioner shall so state:
(1)	The name of the child as it appears on the child's birth certificate, the date and place of birth, and the county where the child is presently residing.
(2)	The name and address of the petitioner and facts sufficient to identify the petitioner as one entitled to petition under G.S. 7B-1103(a).
(3)	The name and address of the parents of the child. If the name or address of one or both parents is unknown to the petitioner, the petitioner shall set forth with particularity the petitioner's efforts to ascertain the identity or whereabouts of the parent or parents. The information may be contained in an affidavit attached to the petition and incorporated therein by reference.
(4)	The name and address of any person appointed as guardian of the person of the child pursuant to the provisions of Chapter 35A of the General Statutes, or of G.S. 7B-903(1)d.
(5)	The name and address of any person or agency to whom custody of the child has been given by a court of this or any other state; and a copy of the custody order shall be attached to the petition.
(6)	Facts that are sufficient to warrant a determination that one or more of the grounds for terminating parental rights exist.
(7)	That the petition has not been filed to circumvent the provisions of Chapter 50A of the General Statutes, the Uniform Child Custody Jurisdiction Act.
(b)	The motion shall be verified by the movant and shall set forth such of the following facts as are known; and with respect to the facts which are unknown the movant shall so state:
(1)	The name of the child as it appears on the child's birth certificate, the date and place of birth, and the county where the child is presently residing.
(2)	The name and address of the movant and facts sufficient to identify the movant as one entitled to file a motion under G.S. 7B-1102.
(3)	The name and address of the parents of the child.  If the name or address of one or both parents is unknown to the movant, the movant shall set forth with particularity the movant's efforts to ascertain the identity or whereabouts of the parent or parents.  The information may be contained in an affidavit attached to the motion and incorporated therein by reference.
(4)	The name and address of any person appointed as guardian of the person of the child pursuant to the provisions of Chapter 35A of the General Statutes, or of G.S. 7B-903(1)d.
(5)	The name and address of any person or agency to whom custody of the child has been given by a court of this or any other state; and a copy of the custody order shall be attached to the motion.
(6)	Facts that are sufficient to warrant a determination that one or more of the grounds for terminating parental rights exist.
(7)	That the motion has not been filed to circumvent the provisions of Chapter 50A of the General Statutes, the Uniform Child Custody Jurisdiction Act."
Section 73.  G.S. 7B-1105 reads as rewritten:
"§ 7B-1105.  Preliminary hearing; unknown parent.
(a)	If either the name or identity of any parent whose parental rights the petitioner or movant seeks to terminate is not known to the petitioner or movant, the court shall, within 10 days from the date of filing of the petition or motion, or during the next term of court in the county where the petition or motion is filed if there is no court in the county in that 10-day period, conduct a preliminary hearing to ascertain the name or identity of such parent.
(b)	The court may, in its discretion, inquire of any known parent of the child concerning the identity of the unknown parent and may appoint a guardian ad litem for the unknown parent to conduct a diligent search for the parent. Should the court ascertain the name or identity of the parent, it shall enter a finding to that effect and:
(1)	If a petition to terminate parental rights has been filed, the parent shall be summoned to appear in accordance with G.S. 7B-1106; or
(2)	If a motion to terminate parental rights has been filed, the parent shall be served with notice required by G.S. 7B-1106.1.
(c)	Notice of the preliminary hearing need be given only to the petitioner or movant who shall appear at the hearing, but the court may cause a subpoena to be issued to any person directing the person to appear and testify.
(d)	If a petition to terminate parental rights has been filed and the court is unable to ascertain the name or identity of the unknown parent, the court shall order publication of notice of the termination proceeding and shall specifically order the place or places of publication and the contents of the notice which the court concludes is most likely to identify the child to such unknown parent. The notice shall be published in a newspaper qualified for legal advertising in accordance with G.S. 1-597 and G.S. 1-598 and published in the counties directed by the court, once a week for three successive weeks. Provided, further, the notice shall:
(1)	Designate the court in which the petition is pending;
(2)	Be directed to "the father (mother) (father and mother) of a male (female) child born on or about ......................in
(date)
	....................County, ................................,
              (city)
	......................., respondent";
(State)
(3)	Designate the docket number and title of the case (the court may direct the actual name of the title be eliminated and the words "In Re Doe"substituted therefor);
(4)	State that a petition seeking to terminate the parental rights of the respondent has been filed;
(5)	Direct the respondent to answer the petition within 30 days after a date stated in the notice, exclusive of such date, which date so stated shall be the date of first publication of notice and be substantially in the form as set forth in G.S. 1A-1, Rule 4(j1); and
(6)	State that the respondent's parental rights to the child may be terminated upon failure to answer the petition within the time prescribed.
Upon completion of the service, an affidavit of the publisher shall be filed with the court.
(d1)	If a motion to terminate parental rights has been filed and the court is unable to ascertain the name or identity of the unknown parent, the court shall make findings on the record as to whether that parent was properly served pursuant to G.S. 7B-407 in the pending abuse, neglect, or dependency proceeding.  If the court determines that the parent was not served pursuant to G.S. 7B-407, the court shall order publication of notice and shall specifically order the place or places of publication and the contents of the notice which the court concludes is most likely to identify the child to the unknown parent. The notice shall be published in a newspaper qualified for legal advertising in accordance with G.S. 1-597 and G.S. 1-598 and published in the counties directed by the court, once a week for three successive weeks. Provided, further, the notice shall:
(1)	Designate the court in which the petition is pending;
(2)	Be directed to "the father (mother) (father and mother) of a male (female) child born on or about ......................in
(date)
	....................County, ................................,
(city)
	......................., respondent";
(State)
(3)	Designate the docket number and title of the case (the court may direct the actual name of the title be eliminated and the words "In Re Doe"substituted therefor);
(4)	State that a petition seeking to terminate the parental rights of the respondent has been filed;
(5)	Direct the respondent to answer the petition within 30 days after a date stated in the notice, exclusive of such date, which date so stated shall be the date of first publication of notice and be substantially in the form as set forth in G.S. 1A-1, Rule 4(j1); and
(6)	State that the respondent's parental rights to the child may be terminated upon failure to answer the petition within the time prescribed.
Upon completion of the service, an affidavit of the publisher shall be filed with the court.
(e)	The court shall issue the order required by subsections (b) and (d) of this section within 30 days from the date of the preliminary hearing unless the court shall determine that additional time for investigation is required.
(f)	Upon the failure of the parent served by publication pursuant to subsection (d) of this section to answer the petition within the time prescribed, the court may issue an order terminating all parental rights of the unknown parent."
Section 74.  G.S. 7B-1106 reads as rewritten:
"§ 7B-1106. Issuance of summons when petition is filed.
(a)	Except as provided in G.S. 7B-1105, upon the filing of the petition, the court shall cause a summons to be issued.  The summons shall be directed to the following persons or agency, not otherwise a party petitioner, who shall be named as respondents:
(1)	The parents of the child;
(2)	Any person who has been judicially appointed as guardian of the person of the child;
(3)	The custodian of the child appointed by a court of competent jurisdiction;
(4)	Any county department of social services or licensed child-placing agency to whom a child has been released by one parent pursuant to Part 7 of Article 3 of Chapter 48 of the General Statutes or any county department of social services to whom placement responsibility for the child has been given by a court of competent jurisdiction; and
(5)	The child if the child is 12 years of age or older at the time the petition is filed.
Provided, no summons need be directed to or served upon any parent who has previously surrendered the child to a county department of social services or licensed child-placing agency nor to any parent who has consented to the adoption of the child by the petitioner. The summons shall notify the respondents to file a written answer within 30 days after service of the summons and petition. Service of the summons shall be completed as provided under the procedures established by G.S. 1A-1, Rule 4(j); but the parent of the child shall not be deemed to be under disability even though the parent is a minor.
(b)	The summons shall be issued for the purpose of terminating parental rights pursuant to the provisions of subsection (a) of this section and shall include:
(1)	The name of the minor child;
(2)	Notice that a written answer to the petition must be filed with the clerk who signed the petition within 30 days after service of the summons and a copy of the petition, or the parent's rights may be terminated;
(3)	Notice that if they are indigent, the parents are entitled to appointed counsel; the parents may contact the clerk immediately to request counsel;
(4)	Notice that this is a new case. Any attorney appointed previously will not represent the parents in this proceeding unless ordered by the court;
(5)	Notice that the date, time, and place of the hearing will be mailed by the clerk upon filing of the answer or 30 days from the date of service if no answer is filed; and
(6)	Notice of the purpose of the hearing and notice that the parents may attend the termination hearing.
(c)	If a county department of social services, not otherwise a party petitioner, is served with a petition alleging that the parental rights of the parent should be terminated pursuant to G.S. 7B-1111, the department shall file a written answer and shall be deemed a party to the proceeding."
Section 75.  Article 11 of Subchapter I of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B-1106.1.  Notice required when motion is filed.
(a)	Except as provided in G.S. 7B-1105, the movant shall prepare and file and serve with the motion a notice directed to the following persons or agency, not otherwise a moving party:
(1)	The parents of the child;
(2)	Any person who has been judicially appointed as guardian of the person of the child;
(3)	The custodian of the child appointed by a court of competent jurisdiction;
(4)	Any county department of social services or licensed child-placing agency to whom a child has been released by one parent pursuant to Part 7 of Article 3 of Chapter 48 of the General Statutes or any county department of social services to whom placement responsibility for the child has been given by a court of competent jurisdiction;
(5)	The child, if the child is 12 years of age or older at the time the petition is filed; and
(6)	Any guardian ad litem appointed to represent the minor child in the abuse, neglect, or dependency proceeding who has not been relieved of this responsibility.
Provided, no notice need be directed to or served upon any parent who has previously surrendered the child to a county department of social services or licensed child-placing agency nor to any parent who has consented to the adoption of the child by the movant.  The notice shall notify the person or agency to whom it is directed to file a written response within 30 days after service of the motion and notice.  Service of the motion and notice shall be completed as provided under the procedure established by G.S. 1A-1, Rule 5; except where G.S. 7B-1102 requires service in accordance with G.S. 1A-1, Rule 4, but the parent of the child shall not be deemed to be under disability even though the parent is a minor.
(b)	The notice shall include:
(1)	The name of the minor child;
(2)	Notice that a written response to the motion must be filed with the clerk within 30 days after service of the notice and a copy of the motion, or the parent's rights may be terminated;
(3)	Notice that if they are indigent, the parents are entitled to appointed counsel.  The parents may contact the clerk immediately to request counsel;
(4)	Notice that this is a motion in the pending abuse, neglect, or dependency case, and that any attorney appointed previously in the case will continue to represent the parents in the proceeding unless the court has ordered or orders otherwise;
(5)	Notice that the date, time, and place of the hearing will be mailed by the clerk upon filing of the response or 30 days from the date of service if no answer is filed; and
(6)	Notice of the purpose of the hearing and notice that the parents may attend the termination hearing.
(c)	If a county department of social services, not otherwise a moving party, is served with a motion alleging that the parental rights of the parent should be terminated pursuant to G.S. 7B-1110, the department shall file a written response and shall be deemed a party to the proceeding."
Section 76.  G.S. 7B-1107 reads as rewritten:
"§ 7B-1107.  Failure of respondents to answer or respond.
Upon the failure of the respondents to file a written answer to the petition or a written response to the motion with the 	court:
(1)	Within 30 days after service of the summons or petition;
(2)	Within the time period established for a defendant's reply by G.S. 1A-1, Rule 4(j1) if service is by publication; or
(3)	Within 30 days after service of the motion and notice;
the court may issue an order terminating all parental and custodial rights of the parent with respect to the child; provided the court shall order a hearing on the petition or motion and may examine the petitioner or movant or others on the facts alleged in the petition or motion."
Section 77.  G.S. 7B-1108 reads as rewritten:
"§ 7B-1108.  Answer or response of respondents.
(a)	Any respondent may file a written answer to the petition or a written response to the motion. The answer or response shall admit or deny the allegations of the petition or motion and shall set forth the name and address of the respondent or the respondent's attorney.
(b)	If an answer or response denies any material allegation of the petition or motion and the child is not already represented by a guardian ad litem, the court shall appoint a guardian ad litem for the child to represent the best interests of the child, unless the petition or motion was filed by the guardian ad litem pursuant to G.S. 7B-1103. A licensed attorney shall be appointed to assist those guardians ad litem who are not attorneys licensed to practice in North Carolina. The appointment, duties, and payment of the guardian ad litem shall be the same as in G.S. 7B-601 and G.S. 7B-603. 
(c)	In proceedings under this Article, the appointment of a guardian ad litem shall not be required except, as provided above, in cases in which an answer or response is filed denying material allegations, or as required under G.S. 7B-1101 or in cases where the judicial proceeding to terminate parental rights is a motion in a pending child abuse, neglect, or dependency proceeding and a guardian ad litem has been appointed pursuant to G.S. 7B-601; but the court may, in its discretion, appoint a guardian ad litem for a child, either before or after determining the existence of grounds for termination of parental rights, in order to assist the court in determining the best interests of the child.
(d)	If a guardian ad litem has previously been appointed for the child under G.S. 7B-601, the guardian ad litem appointed under G.S. 7B-601, and any attorney appointed to assist that guardian, shall also represent the child in all proceedings under this Article and shall have the duties and payment of a guardian ad litem appointed under this section, unless the court determines that the best interests of the child require otherwise."
Section 78.  Article 11 of Subchapter I of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B-1108.1.  Pretrial hearing.
(a)	The court shall convene a pretrial hearing no more than 30 days after the date the answer or response is due as set forth in G.S. 7B-1107.
(b)	At the hearing:
(1)	The court shall review the adequacy of notice and service of process;
(2)	Unrepresented parties shall be advised of their right to counsel and to appointment of counsel.  If counsel is requested, the conference may be reconvened at a later date;
(3)	A discovery plan and timetable shall be established;
(4)	Pretrial motions shall be heard, if reasonable advance notice has been given to the parties and the court; and
(5)	The length of the hearing shall be estimated and the date for the hearing shall be set.  The hearing date shall be within 60 days of the pretrial hearing unless the court makes specific findings as to why the hearing cannot be held within 60 days."
Section 79.  G.S. 7B-1109 reads as rewritten:
"§ 7B-1109.  Adjudicatory hearing on termination.
(a)	The hearing on the termination of parental rights shall be conducted by the court sitting without a jury.  Reporting of the hearing shall be as provided by G.S. 7A-198 for reporting civil trials.
(b)	The court shall inquire whether the child's parents are present at the hearing and, if so, whether they are represented by counsel. If the parents are not represented by counsel, the court shall inquire whether the parents desire counsel but are indigent. In the event that the parents desire counsel but are indigent as defined in G.S. 7A-450(a) and are unable to obtain counsel to represent them, the court shall appoint counsel to represent them. The court shall grant the parents such an extension of time as is reasonable to permit their appointed counsel to prepare their defense to the termination petition or motion. In the event that the parents do not desire counsel and are present at the hearing, the court shall examine each parent and make findings of fact sufficient to show that the waivers were knowing and voluntary. This examination shall be reported as provided in G.S. 7A-198.
(c)	The court may, upon finding that reasonable cause exists, order the child to be examined by a psychiatrist, a licensed clinical psychologist, a physician, a public or private agency, or any other expert in order that the child's psychological or physical condition or needs may be ascertained or, in the case of a parent whose ability to care for the child is at issue, the court may order a similar examination of any parent of the child.
(d)	The court may for good cause shown continue the hearing for such time as is required for receiving additional evidence, any reports or assessments which the court has requested, or any other information needed in the best interests of the  child.
(e)	The court shall take evidence, find the facts, and shall adjudicate the existence or nonexistence of any of the circumstances set forth in G.S. 7B-1111 which authorize the termination of parental rights of the respondent.
(f)	The burden in such proceedings shall be upon the petitioner or movant and all findings of fact shall be based on clear, cogent, and convincing evidence.  No privilege, except the attorney-client privilege, shall be grounds for excluding any evidence regarding the existence or nonexistence of any circumstance authorizing the termination of parental rights, both as the privilege relates to the competency of the witness and to the exclusion of confidential communications."
Section 80.  G.S. 7B-1110 reads as rewritten:
"§ 7B-1110.  Disposition.
(a)	Should the court determine that any one or more of the conditions authorizing a termination of the parental rights of a parent exist, the court shall issue an order terminating the parental rights of such parent with respect to the child unless the court shall further determine that the best interests of the child require that the parental rights of the parent not be terminated.
(b)	Should the court conclude that, irrespective of the existence of one or more circumstances authorizing termination of parental rights, the best interests of the child require that rights should not be terminated, the court shall dismiss the petition or deny the motion, but only after setting forth the facts and conclusions upon which the dismissal or denial is based.
(c)	Should the court determine that circumstances authorizing termination of parental rights do not exist, the court shall dismiss the petition or deny the motion, making appropriate findings of fact and conclusions.
(d)	Counsel for the petitioner or movant shall serve a copy of the termination of parental rights order upon the guardian ad litem for the child, if any, and upon the child if the child is 12 years of age or older.
(e)	The court may tax the cost of the proceeding to any party.
(f)	The court shall not be bound by the usual rules of evidence at disposition."
Section 81.  G.S. 7B-1111 reads as rewritten:
"§ 7B-1111. Grounds for terminating parental rights.
(a)	The court may terminate the parental rights upon a finding of one or more of the following:
(1)	The parent has abused or neglected the child. The  child shall be deemed to be abused or neglected if the court finds the child to be an abused  child within the meaning of G.S. 7B-101 or a neglected child within the meaning of G.S. 7B-101.
(2)	The parent has willfully left the child in foster care or placement outside the home for more than 12 months without showing to the satisfaction of the court that reasonable progress under the circumstances has been made within 12 months in correcting those conditions which led to the removal of the child. Provided, however, that no parental rights shall be terminated for the sole reason that the parents are unable to care for the child on account of their poverty.
(3)	The child has been placed in the custody of a county department of social services, a licensed child-placing agency, a child-caring institution, or a foster home, and the parent, for a continuous period of six months next preceding the filing of the petition or motion, has willfully failed for such period to pay a reasonable portion of the cost of care for the  child although physically and financially able to do so.
(4)	One parent has been awarded custody of the child by judicial decree or has custody by agreement of the parents, and the other parent whose parental rights are sought to be terminated has for a period of one year or more next preceding the filing of the petition or motion willfully failed without justification to pay for the care, support, and education of the child, as required by said decree or custody agreement.
(5)	The father of a child born out of wedlock has not, prior to the filing of a petition or motion to terminate parental rights:
a.	Established paternity judicially or by affidavit which has been filed in a central registry maintained by the Department of Health and Human Services; provided, the court shall inquire of the Department of Health and Human Services as to whether such an affidavit has been so filed and shall incorporate into the case record the Department's certified reply; or
b.	Legitimated the child pursuant to provisions of G.S. 49-10 or filed a petition for this specific purpose; or
c.	Legitimated the child by marriage to the mother of the child; or
d.	Provided substantial financial support or consistent care with respect to the child.
(6)	That the parent is incapable of providing for the proper care and supervision of the child, such that the child is a dependent child within the meaning of G.S. 7B-101, and that there is a reasonable probability that such incapability will continue for the foreseeable future. Incapability under this subdivision may be the result of substance abuse, mental retardation, mental illness, organic brain syndrome, or any other similar cause or condition.
(7)	The parent has willfully abandoned the child for at least six consecutive months immediately preceding the filing of the petition or motion.
(8)	The parent has committed murder or voluntary manslaughter of another child of the parent or other child residing in the home; has aided, abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of the child, another child of the parent, or other child residing in the home; or has committed a felony assault that results in serious bodily injury to the child, another child of the parent, or other child residing in the home.
(9)	The parental rights of the parent with respect to another child of the parent have been terminated involuntarily by a court of competent jurisdiction and the parent lacks the ability or willingness to establish a safe home.
(10)	The parent is imprisoned when the petition is filed and is unlikely to be released for a period of five or more years from the date the petition is filed.
(b)	The burden in such proceedings shall be upon the petitioner or movant to prove the facts justifying such termination by clear and convincing evidence."
Section 82.  G.S. 7B-1112 reads as rewritten:
"§ 7B-1112.  Effects of termination order.
An order terminating the parental rights completely and permanently terminates all rights and obligations of the parent to the child and of the child to the parent arising from the parental relationship, except that the child's right of inheritance from the child's parent shall not terminate until a final order of adoption is issued. The parent is not thereafter entitled to notice of proceedings to adopt the child and may not object thereto or otherwise participate therein:
(1)	If the child had been placed in the custody of or released for adoption by one parent to a county department of social services or licensed child-placing agency and is in the custody of the agency at the time of the filing of the petition or motion, including a petition or motion filed pursuant to G.S. 7B-1103, that agency shall, upon entry of the order terminating parental rights, acquire all of the rights for placement of the child as the agency would have acquired had the parent whose rights are terminated released the child to that agency pursuant to the provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes, including the right to consent to the adoption of the child.
(2)	Except as provided in subdivision (1) above, upon entering an order terminating the parental rights of one or both parents, the court may place the child in the custody of the petitioner or movant, or some other suitable person, or in the custody of the department of social services or licensed child-placing agency, as may appear to be in the best interests of the child."
Section 83.  G.S. 7B-1113 reads as rewritten:
"§ 7B-1113.  Appeals; modification of order after affirmation.
Any child, parent, guardian, custodian, or agency who is a party to a proceeding under this Article may appeal from an adjudication or any order of disposition to the Court of Appeals, provided that notice of appeal is given in open court at the time of the hearing or in writing within 10 days after the hearing. Pending disposition of an appeal, the hearings required by G.S. 7B-908 shall be held and the court may enter a temporary order affecting the custody or placement of the child as the court finds to be in the best interests of the child. Upon the affirmation of the order of adjudication or disposition of the court in a case under this Article by the Court of Appeals, or by the Supreme Court in the event of an appeal, the court shall have authority to modify or alter its original order of adjudication or disposition as the court finds to be in the best interests of the child and consistent with the appellate ruling.  If the modifying order is entered ex parte, the court shall give notice to interested parties to show cause, if any there be, within 10 days thereafter, as to why the modifying order should be vacated or altered."
Section 84.  G.S. 7B-1200 reads as rewritten:
"§ 7B-1200.  Office of Guardian ad Litem Services established.
There is established within the Administrative Office of the Courts an Office of Guardian ad Litem Services to provide services in accordance with G.S. 7B-601 to abused, neglected, or dependent children involved in judicial proceedings and to assure that all participants in these proceedings are adequately trained to carry out their responsibilities. Each local program shall consist of volunteer guardians ad litem, at least one program attorney, a program coordinator who is a paid State employee, and any clerical staff as the Administrative Office of the Courts in consultation with the local program deems necessary. The Administrative Office of the Courts shall adopt rules and regulations necessary and appropriate for the administration of the program."
Section 85.  G.S. 7B-1202 reads as rewritten:
"§ 7B-1202.  Conflict of interest or impracticality of implementation.
If a conflict of interest prohibits a local program from providing representation to an abused, neglected, or dependent child, the court may appoint any member of the district bar to represent the child's best interests.  If the Administrative Office of the Courts determines that within a particular district court district the implementation of a local program is impractical, or that an alternative plan meets the conditions of G.S. 7B-1203, the Administrative Office of the Courts shall waive the establishment of the program within the district."
Section 86.  G.S. 7B-1203 reads as rewritten:
"§ 7B-1203.  Alternative plans.
A district court district shall be granted a waiver from the implementation of a local program if the Administrative Office of the Courts determines that the following conditions are met:
(1)	An alternative plan has been developed to provide adequate guardian ad litem services for every  child consistent with the duties stated in G.S. 7B-601; and
(2)	The proposed alternative plan will require no greater proportion of State funds than the district court district's abuse and neglect caseload represents to the State's abuse and neglect caseload. Computation of abuse and neglect caseloads shall include such factors as the child population, number of substantiated abuse and neglect reports, number of abuse and neglect petitions, number of abused and neglected children in care to be reviewed pursuant to G.S. 7B-906, nature of the district's district court caseload, and number of petitions to terminate parental rights.
When an alternative plan is approved pursuant to this section, the Administrative Office of the Courts shall retain authority to monitor implementation of the said plan in order to assure compliance with the requirements of this Article and G.S. 7B-601. In any district court district where the Administrative Office of the Courts determines that implementation of an alternative plan is not in compliance with the requirements of this section, the Administrative Office of the Courts may implement and administer a program authorized by this Article."
Section 87.  G.S. 7B-1406 reads as rewritten:
"§ 7B-1406. Community Child Protection Teams; Child Fatality Prevention Teams; creation and duties.
(a)	Community Child Protection Teams are established in every county of the State.  Each Community Child Protection Team shall:
(1)	Review, in accordance with the procedures established by the director of the county department of social services under G.S. 7B-1409:
a.	Selected active cases in which children are being served by child protective services; 
b.	Cases in which a child died as a result of suspected abuse or neglect, and
1.	A report of abuse or neglect has been made about the child or the child's family to the county department of social services within the previous 12 months, or
2.	The child or the child's family was a recipient of child protective services within the previous 12 months;
c.	Cases in which the director has decided not to file a petition and the person making the report has appealed the director's decision in accordance with G.S. 7B-305.  The Team shall review the case and submit a report and recommendations to the district attorney within 20 days of the appeal by the reporter.  The Team may recommend that the district attorney:
1.	Affirm the case decision of the director not to file a petition;
2.	Request the appropriate law enforcement agency to investigate the allegations; or
3.	Direct the director to file a petition;
d.	Selected cases whereupon the second or subsequent substantiated report of abuse, neglect, or dependency occurs without the filing of a court petition by the director;
e.	Selected cases where the department of social services has substantiated a report of abuse, neglect, or dependency and has provided services for a period of longer than 12 months from the time the investigative assessment was completed, without the filing of a court petition by the director;
f.	Selected cases whereupon the investigative assessment has not been completed by the local department of social services within 30 days, as required by G.S. 7B-302; and
g.	Selected cases where the department of social services has, prior to adjudication, voluntarily dismissed a petition alleging abuse, neglect, or dependency under this Subchapter.
(2)	Submit annually to the board of county commissioners recommendations, if any, and advocate for system improvements and needed resources where gaps and deficiencies may exist.
In addition, each Community Child Protection Team may review the records of all additional child fatalities and report findings in connection with these reviews to the Team Coordinator.
(b)	Any Community Child Protection Team that determines it will not review additional child fatalities shall notify the Team Coordinator.  In accordance with the plan established under G.S. 7B-1408(1), a separate Child Fatality Prevention Team shall be established in that county to conduct these reviews.  Each Child Fatality Prevention Team shall:
(1)	Review the records of all cases of additional child fatalities.
(2)	Submit annually to the board of county commissioners recommendations, if any, and advocate for system improvements and needed resources where gaps and deficiencies may exist.
(3)	Report findings in connection with these reviews to the Team Coordinator.
(c)	All reports to the Team Coordinator under this section shall include:
(1)	A listing of the system problems identified through the review process and recommendations for preventive actions;
(2)	Any changes that resulted from the recommendations made by the Local Team;
(3)	Information about each death reviewed; and
(4)	Any additional information requested by the Team Coordinator."
Section 88.  G.S. 7B-1407 reads as rewritten:
"§ 7B-1407.  Local Teams; composition.
(a)	Each Local Team shall consist of representatives of public and nonpublic agencies in the community that provide services to children and their families and other individuals who represent the community. No single team shall encompass a geographic or governmental area larger than one county.
(b)	Each Local Team shall consist of the following persons:
(1)	The director of the county department of social services and a member of the director's staff;
(2)	A local law enforcement officer, appointed by the board of county commissioners;
(3)	An attorney from the district attorney's office, appointed by the district attorney;
(4)	The executive director of the local community action agency, as defined by the Department of Health and Human Services, or the executive director's designee;
(5)	The superintendent of each local school administrative unit located in the county, or the superintendent's designee;
(6)	A member of the county board of social services, appointed by the chair of that board;
(7)	A local mental health professional, appointed by the director of the area authority established under Chapter 122C of the General Statutes;
(8)	The local guardian ad litem coordinator, or the coordinator's designee;
(9)	The director of the local department of public health; and
(10)	A local health care provider, appointed by the local board of health.
(c)	In addition, a Local Team that reviews the records of additional child fatalities shall include the following five additional members:
(1)	An emergency medical services provider or firefighter, appointed by the board of county commissioners;
(2)	A district court judge, appointed by the chief district court judge in that district;
(3)	A county medical examiner, appointed by the Chief Medical Examiner;
(4)	A representative of a local child care facility or Head Start program, appointed by the director of the county department of social services; and
(5)	A parent of a child who died before reaching the child's eighteenth birthday, to be appointed by the board of county commissioners.
(d)	The Team Coordinator shall serve as an ex officio member of each Local Team that reviews the records of additional child fatalities. The board of county commissioners may appoint a maximum of five additional members to represent county agencies or the community at large to serve on any Local Team. Vacancies on a Local Team shall be filled by the original appointing authority.
(e)	Each Local Team shall elect a member to serve as chair at the Team's pleasure.  Neither the director nor any member of the director's staff shall serve as the chair of the Team.
(f)	Each Local Team shall meet at least six times each year.
(g)	The director of the local department of social services shall call the first meeting of the Community Child Protection Team. The director of the local department of health, upon consultation with the Team Coordinator, shall call the first meeting of the Child Fatality Prevention Team. Thereafter, the chair of each Local Team shall schedule the time and place of meetings, in consultation with these directors, and shall prepare the agenda. The chair shall schedule Team meetings no less often than once every two months and often enough to allow adequate review of the cases selected for review. Within three months of election, the chair shall participate in the appropriate training developed under this Article."
Section 89.  This act becomes effective July 1, 1999.