SB 693 — Expedite Child Safety and Permanency.

AThe parentdevelopmental whoand isattachment aneeds partyof and:the juvenile must be considered in making nonsecure custody determinations.

1.In no case shall a juvenile alleged to be abused, neglected, or dependent be placed in secure custody." SECTION 1.(d) G.S.

Has preserved the right to appeal the order in writing within 30 days after entry and service of the order.

2.

Aterminationofparental rights petitionormotion has not been filed within 65 days of entry and service of the order.

3.

Anoticeofappeal oftheordereliminatingreunificationis filed within 30 days after the expiration of the 65 days.

b.

A party who is a guardian or custodian with whom reunification is not a permanent plan." SECTION 1.(c) G.S.

7B-302 reads as rewritten:

"§ 7B-302.

Assessment by director;

military affiliation;

access to confidential information;

notification of person making the report.

… (a3) Except where prohibited by federal law and notwithstanding other applicable State law, any of the following may request access to confidential information and records maintained pursuant to this Article by the Department or a county department of social services:

(1) An individual member of the North Carolina General Assembly.

(2) A joint legislative oversight committee of the North Carolina General Assembly.

A request made pursuant to this subsection shall be made to the Department or to the director of a county department of social services.

The request shall be limited to purposes necessary for oversight of programs related to child protective services.

Upon receiving a request pursuant to this subsection, the Department shall coordinate with the county department of social services to obtain all necessary information or records responsive to the request.

A county department of social services shall provide the Department with all information and records, or copies of records, as requested.

The Department shall share the confidential information and make the records concerning the child protective services case available to the requesting member or committee for review.

If the request is made to the director of a county department of social services, the Department shall assist the director of the county department of social services in fulfilling the request and providing all necessary information or records in accordance with this subsection.

Page 2 Senate Bill 693-Second Edition General Assembly Of North Carolina Session 2021 The confidential information or records shared pursuant to this subsection shall be the minimum necessary to satisfy the request.

A member of the North Carolina General Assembly or joint legislative oversight committee shall not retain or receive copies of any part of the information and records or take photographs or create electronic images of any information and records reviewed pursuant to a request under this subsection.

All information and records shared pursuant to this subsection shall be withheld from public inspection and maintained in a confidential manner.

The following information shall remain confidential and shall not be shared ordisclosedinresponsetoarequestforinformationandrecordsmadepursuanttothissubsection:

(1) The identity of a reporter.

(2) Juvenile court records as set forth in Article 29 of Subchapter III of this Chapter.

(a4) Any violation of subsection (a3) of this section shall be punishable as a Class 1 misdemeanor.

…." SECTION 1.(d) G.S.

The department of social services shall use due diligence to identify and notify adult relativesrelatives, next of kin, and other persons with legal custody of a sibling of the juvenile within 30 days after the initial order removing custody.

The department shall file with the court information regarding attempts made to identify and notify adult relatives of the juvenilechild, next of kin, and persons with legal custody of a sibling of the juvenile.

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 juvenilewithjuvenile therelativewith the relative unless thecourtfindsthatthe court finds that placement with Page 2 Senate Bill 693-First Edition General Assembly Of North Carolina Session 2021 the relativewouldberelative would be contrary to the best interests of the juvenile.juvenile, including, but not limited to, the developmental and attachment needs of the juvenile." SECTION 1.(e) G.S.

7B-9037B-901(c)(1)e. is amended by adding a new subsection to read:

"(a4)reads Ifas therewritten: court does not place the juvenile with a relative, the court mayconsider whether nonrelative kin or other persons with legal custody of a sibling of the juvenile are willing and able to provide proper care and supervision of the juvenile in a safe home.

"(c) If the disposition order places a juvenile in the custody of a county department of social services, the court shall direct that reasonable efforts for reunification as defined in G.S.

7B-101 shall not be required if the court makes written findings of fact pertaining to any of the following, unless the court concludes that there is compelling evidence warranting continued reunification efforts:

(1) A court of competent jurisdiction determines or has determined that aggravated circumstances exist because the parent has committed or encouraged the commission of, or allowed the continuation of, any of the following upon the juvenile:

… e.

Chronic or toxic exposure to alcohol or controlled substances that causes impairment of or addiction in the juvenile.juvenile, including, but not limited to, exposure to unlawful controlled substances in utero orcontrolledsubstances usedin violationofthelawin utero.

Thecourt shall considerwhethera parent is enrolledin and meetingor exceeding thebenchmarks ofasubstanceabusetreatment program recommended by a medical provider or a local management entity/managed care organization (LME/MCO)." SECTION 1.(f) G.S.

7B-903 reads as rewritten:

"§ 7B-903.

Dispositional alternatives for abused, neglected, or dependent juvenile.

… (a1) In placing a juvenile in out-of-home care under this section, the court shall first consider whether a relative of the juvenile is willing and able to provide proper care and supervision of the juvenile 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 juvenile with the relative unless the court finds that the placement is contrary to the best interests of the juvenile.

juvenile, including, but not limited to, the developmental and attachment needs of the juvenile.

In placing a juvenile in out-of-home care under this section, the court shall also consider whether it is in the juvenile's best interest to remain in the juvenile's community of residence.

Placement of a juvenile with a relative outside of this State must be in accordance with the Interstate Compact on the Placement of Children.

… (a4) If the court does not place the juvenile with a relative, the court may consider whether nonrelative kin or other persons with legal custody of a sibling of the juvenile are willing and able to provide proper care and supervision of the juvenile in a safe home.

The court may order placement of the juvenile with nonrelative kin if the court finds the placement is in the juvenile's best interests."interests. SECTION 1.(f) G.S.

7B-903.1(c)(a5) readsOnce a juvenile who is not a member of a State-recognized tribe as rewritten:set forth in G.S.

"(c)143B-407(a) Ifhas aresided juvenilein is removed from the home andof placeda infoster theparent custodyfor or placement responsibilityof a countycontinuous departmentperiod of socialat services,least thenine directormonths, shallthe notfoster allowparent unsupervisedis visitationdeemed with or return physical custody of the juvenile to thebe parent,nonrelative guardian,kin custodian,for orpurposes caretakerof withoutthis asubsection. hearing at which the court finds that the juvenile will receive proper care and supervision in a safe home.

Before…." aSECTION county1.(g) departmentG.S. of social services may recommend unsupervised visits or return of physical custody of the juvenile juvenile, whichever occurs first, to the parent, guardian, custodian, or caretaker from whom the juvenile was removed, a county department ofsocial services shall first observethatparent, guardian, custodian,orcaretakerwith the juvenile for at least two visits that support a recommendation to return physical custody.

the recommendation.

Each observation visit shall consist of an observation of not less than one hour with the juvenile, and each observation visit shall be conducted at least seven days apart.

apart, and shall occur within 30 days of the hearing at which the department of social services makes the recommendation.

A department of social services shall provide documentation of any Senate Bill 693-Second Edition Page 3 General Assembly Of North Carolina Session 2021 observation visits that it conducts to the court for its consideration as to whether unsupervised visits or physical custody should be returned granted to the parent, guardian, custodian, or caretaker from whom the juvenile was removed." SECTION 1.(g) G.S.

7B-905.1 is amended by adding a new subsection to read:

"(b1) When visitation, whether supervised or unsupervised, is ordered between a juvenile who is placed in or continued in the custody or placement responsibility of a county department of social services and a parent, a parent's positive result from a drug screen alone is insufficient to deny the parent court-ordered visitation with the juvenile.

For parents with unsupervised visitation that have a positive result from a drug screen, the department of social services shall expeditiously file a motion for review and request that a hearing be scheduled within 30 days for the court to review the visitation plan to ensure the safety of the child.

While the motion is pending, the director may temporarily impose supervision requirements to all or part of the visitation plan.

The director shall promptly communicate the limited and temporary change in the visitation plan to the affected party.

Nothing in this subsection prevents a visit from being cancelled if, at the time that visitation between the parent and the juvenile occurs, a parent is under the influence of drugs or alcohol and exhibits behavior that may create an unsafe environment for a child, or the parent appears to be actively impaired." SECTION 1.(h) G.S.

(a) ThecourtshallconductaThe revieworpermanencyplanninghearingwithin90daysfromcourt shall conduct a review hearing within 90 days from the date of the initial dispositional hearing held pursuant to G.S.

Review or permanency planning hearings shall be held at least everysixevery six months thereafter.

Within 12 nine months of the date of the initial order removing custody, thereSenate shallBill be693-First aEdition reviewPage If3 custodyGeneral hasAssembly notOf beenNorth removedCarolina fromSession a2021 parent,there guardian,shall caretaker,be ora custodian,review the hearing shall be designated as a permanency planning review hearing.

Review hearings after the initial permanency planning If custody has been removed from a parent, guardian, or custodian, the hearing shall be designated as permanency planning hearings.

Permanency planning hearings shall be held at least every six months thereafter or earlier as set by the court to review the progress made in finalizing the permanent plan for the juvenile, or if necessary, to make a new permanent plan for the juvenile.hearing.juvenile.

… (c)(d) At each hearing, the court shall consider information from the parents,following thecriteria juvenile, the guardian, any person providing care for the juvenile, the custodian or agency with custody, the guardian ad litem, and anymake otherwritten personfindings orregarding agencythose that willare aidrelevant: in the court's review.

The… court(3) shallWhether provideefforts anypersonto providingcarereunite for the juvenile thewith opportunitytoeither addressparent theclearly courtwould regardingbe unsuccessful or inconsistent with the juvenile's well-being.health or safety and need for a safe, permanent home within a reasonable period of time.

Thetime, courtincluding maywhether considera anyparent evidence,has includingengaged hearsayin evidenceany asof definedthe infactors described under G.S.

8C-1,7B-901(c). Rule 801, or testimonyor evidence from any person that is not a party, that the court finds to be relevant, reliable, and necessary to determine the needs of the juvenile and the most appropriate disposition.

(d)The Atcourt eachshall hearing,consider theefforts courtto shallreunite considerregardless of whether the followingjuvenile criteriaresided andwith makethe writtenparent, findingsguardian, regardingor thosecustodian thatat arethe relevant:time of removal.

(1)If Servicesthe whichcourt havedetermines beenefforts offeredwould tobe preventunsuccessful the removal or reuniteinconsistent, the juvenilecourt withshall eitherschedule parenta whetherpermanency orplanning nothearing thewithin juvenile30 resideddays withto theaddress parent at the timepermanent ofplans removalin oraccordance thewith guardianthis orsection custodianand fromG.S. whom the child was removed.

(1a)7B-906.2, Reportsunless on the juvenile'sdetermination continuationis inmade theat homea ofpermanency theplanning parent,hearing. guardian, or custodian;

… (n) Notwithstanding other provisions of this Article, the appropriatenesscourt may waive the holding of hearings required bythis section, mayrequire written reports to the juvenile'scourt continuationbythe agencyor person holding custody in lieu of review hearings, or order that home;review hearings be held less often than every six months if the court finds by clear, cogent, and convincing evidence each of the following:

and… theThe goalscourt ofmay thenot familywaive servicesor plan.refuse to conduct a review permanency planning hearing if a party files a motion seeking the review.

If the juvenile is removed from the custody of a parent, guardian, or custodian at a review hearing, the court shall scheduleapermanencyplanninghearingwithin30days ofthereviewhearing.

… Page 4 Senate Bill 693-Second Edition General Assembly Of North Carolina Session 2021 (6) When and if termination of parental rights should be considered.

… (d1) At any review hearing, an order that removes the juvenile from a parent, guardian, or custodian shall only be made when the court makes a written finding of any of the following:

(1) At least one factor set forth in G.S.

7B-503(a)(1) through (4), and the juvenile has experienced or is at substantial risk of experiencing physical or emotional harm as a result.

(2) Since the completion of the initial disposition hearing in accordance with G.S.

7B-901, at least one factor specified in G.S.

7B-901(c) has occurred and the juvenile has experienced or is at substantial risk of experiencing physical or emotional harm as a result.

(3) The parent, guardian, custodian, or caretaker consents to the order of removal.

(d2) Review hearings have the purpose of reviewing the progress of the parent, guardian, or custodian with their court-ordered services.

The parent, guardian, or custodian shall complete court-ordered services within 12 months from the date of the filing of the petition, demonstrate that the circumstances precipitating the Department's involvement with the family have been resolved to the satisfaction of the court, and provide a safe home for the juvenile.

Absent extraordinarycircumstances, when the parent, guardian, or custodian has successfully completed the court-ordered services and the juvenile is residing in a safe home, the court shall terminate its jurisdiction in accordance with this subsection or G.S.

7B-911.

(e) At any permanency planning hearing where the juvenile is not placed with a parent, the court shall additionally consider the following criteria and make written findings regarding those that are relevant:

… (3) Where the juvenile's placement with a parent is unlikely within six months, whether adoption should be pursued and, if so, any barriers to the juvenile's adoption.adoption,includingwhen andifterminationofparental rights should be considered.

… (k) If at any time a juvenile has been removed from a parent and legal custody is placed with a awarded to either parent or findings are made in accordance with subsection (n) of this section, the court shall be relieved of the duty to conduct periodic judicial reviews of the placement.

The court shall not waive or refuse to conduct a permanency planning hearing if a party files a motion seeking the hearing.

(k1) Thecourtshallnotwaiveorrefusetoconduct areviewhearingifapartyfiles amotion seeking the review hearing.

… (n) Notwithstanding other provisions of this Article, the court may waive the holding of hearings required bythis section, mayrequire written reports to the court by the agencyor person holding custody in lieu of review permanency planning hearings, or order that review permanencyplanning hearings beheld lessoftenthaneverysix months ifthe court findsbyclear, cogent, and convincing evidence each of the following:

… (3) Neither the juvenile's best interests nor the rights of any party require that review permanency planning hearings be held every six months.

… The court may not waive or refuse to conduct a review hearing if a party files a motion seeking the review.

Senate Bill 693-Second Edition Page 5 General Assembly Of North Carolina Session 2021 …." SECTION 1.(i)1.(h) G.S.

131D-10.6A(a)7B-905(b) reads as rewritten:

"(a)"(b) TheA DivisionAn ofinitial Socialdispositional Services,order Departmentunder ofwhich Health and Human Services, shall require a minimumjuvenile ofis 30removed hours of preservice training for foster care parents either prior to licensure or within six months from the datecustody aof provisional license is issued pursuant to G.S.131D-10.3, and a mandatedparent, minimumguardian, ofcustodian, 10or hourscaretaker ofshall continuingdirect educationthat for all foster care parents annually after the yearreview inhearing whichrequired aby licenseG.S. is obtained.

As7B-906.1 partbe ofheld licensure,within the90 trainingdays shallfrom includeof athe moduledate thatof isthe createdinitial anddispositional madehearing availableand, byif thepracticable, Departmentshall thatset explains, at a minimum, the rolesdate and obligationstime offor a foster parent in judicial proceedings conducted under Subchapter I of Chapter 7B of the Generalreview Statutes."hearing." SECTION 1.(j)1.(i) G.S.

7B-905(b) is repealed.

SECTION 1.(k) G.S.

Reunification shall be a primary or secondary plan unless the court makes or has made written findings under G.S.

Unless permanence has been achieved, the court shall order the county department of social services to make efforts toward finalizing the primary and secondary permanent plans and may specify efforts that are reasonable to timely achieve permanence for the juvenile." SECTION 1.(l)1.(j) G.S.

Page 4 Senate Bill 693-First Edition General Assembly Of North Carolina Session 2021 "(a) A petition or motion to terminate the parental rights of either or both parents to his, her, or their minor juvenile may only be filed by one or more of the following:

… (5) Anyperson with whom the juvenile has resided for a continuous period of two years 1815 months or more next preceding the filing of the petition or motion.

…." SECTION 1.(m)2. This section becomes effective October 1, 2021, and applies to actions filed or pending on or after that date.

PARTThis II.act becomes effective October 1, 2021, and applies to actions filed or pending on or after that date.

HUMANTRAFFICKINGSenate NOTICEBill TO693-First NONCARETAKERCLARIFICATIONEdition SECTIONPage 2.(a)5 G.S.

7B-320 reads as rewritten:

"§ 7B-320.

Notification to individual determined to be a responsible individual.

(a) After the completion of an investigative assessment response that results in a determination of abuse or serious neglect and the identification of a responsible individual, the director shall personally deliver written notice of the determination to the identified individual in an expeditious manner.

(a1) If the director determines that the juvenile is the victim of human trafficking by an individual other than the juvenile's parent, guardian, custodian, or caretaker, the director shall cooperate with the local law enforcement agency and district attorney to determine the safest way, if possible, to provide notification to the identified responsible individual.

If the director does not provide notification in accordance with this subsection, the director shall document the reason and basis for not providing the notification.

The director shall not provide notification to the responsible individual or proceed further under this Article if notification is likely to cause any of the following to occur:

(1) Cause mental or physical harm or danger to the juvenile.

(2) Undermine an ongoing or future criminal investigation.

(3) JeopardizetheState's abilityto prosecutetheidentifiedresponsibleindividual.

Page 6 Senate Bill 693-Second Edition General Assembly Of North Carolina Session 2021 …." SECTION 2.(b) This section becomes effective October 1, 2021.

4 PART III.

IMPLEMENTATION OF STATEWIDE CPS HOTLINE SECTION 3.(a) The Department of Health and Human Services shall develop an operational plan to create and implement a statewide child protective services (CPS) hotline.

The Department shall establish a planning and evaluation team consisting of three child welfare staff representing at least three county departments of social services that will provide input on the plan.

The plan shall include, at a minimum, all of the following:

(1) A fiscal analysis on the creation and implementation of a statewide CPS hotline.

(2) Quantify the total upfront, one-time costs to implement the statewide CPS hotline, including any State or county savings that would be incurred through the full implementation of and transition to a statewide CPS hotline.

(3) Recommendations on the operational needs for the statewide CPS hotline, including adequate staffing levels to ensure a responsive and timely system.

(4) Evaluation of whether a county may opt out of the statewide CPS hotline.

(5) Recommendations of defined measures, goals, and service level agreements to evaluate the performance of the hotline.

(6) A time line for implementation of the statewide CPS hotline that is aligned and coordinated with the Department of Health andHuman Services, Division of Social Services, and local county departments of social services, including the implementation of intake and assessment technology as a precondition to the operation of a statewide CPS hotline.

(7) An assessment of the feasibility of an integrated statewide CPS hotline for both child protective services and adult protective services.

SECTION 3.(b) The Department shall submit the operational plan to the Joint Legislative Oversight Committee on Health and Human Services no later than September 1, 2022.

PART IV.

DEVELOP A PLAN TO INCREASE APPROPRIATE TREATMENT AND RESIDENTIAL SETTINGS SECTION 4.(a) The Department of Health and Human Services shall develop a plan to increase the supply of appropriate treatment and residential settings for minors in need of behavioral and mental health services.

The Department shall work in consultation with representatives from the local management entities/managed care organizations (LME/MCOs), the county departments of social services, the Division of Juvenile Justice, the North Carolina Healthcare Association, and other key stakeholders to resolve the barriers to clinical care and identify a process to quickly place children into appropriate treatment and residential settings.

The plan shall address minors that are in the custody of a county department of social services and minors who are not, and include, at a minimum, all of the following:

(1) A description of the need and current adequacy of available resources across North Carolina.

(2) Specific and measurable action steps for increasing the supply of appropriate and least restrictive services and settings.

(3) A time line for increasing the supply of appropriate and least restrictive services and settings.

(4) The estimated costs and staffing to fully implement the plan.

SECTION 4.(b) The Department shall submit the plan to the Joint Legislative Oversight Committee on Health and Human Services no later than October 1, 2021.

SECTION 4.(c) This section is effective when it becomes law.

Senate Bill 693-Second Edition Page 7 General Assembly Of North Carolina Session 2021 2 PART V.

PROVIDE SAFE AND APPROPRIATE PLACEMENT FOR CHILDREN IN NEED OF BEHAVIORAL AND MENTAL HEALTH SERVICES SECTION 5.(a) Article 9 of Chapter 7B of the General Statutes is amended by adding a new section to read:

"§ 7B-903.2.

Presentation at a hospital for mental health treatment.

(a) If a juvenile in the custody of a department of social services presents to a hospital emergency department for mental health treatment, the director of the county department of social services (the director) shall contact the appropriate local management entity/managed care organization (LME/MCO).

If a determination is made that the juvenile should not remain at the hospital and no appropriate placement is immediately available, the director of the county department of social services should contact the LME/MCO within 24 hours of the admission to request an assessment.

(b) The LME/MCO must provide the care coordination and qualitymanagement required by G.S.

122C-115.4(b)(5), and arrange for an assessment by the child's clinical provider, a provider with the hospital, or other qualified licensed clinician, within five business days following notification from the director.

(c) Based on the findings and recommendations of the assessment, one of the following must occur:

(1) If the comprehensive clinical assessment recommends a traditional foster home or a Level I group home, the director shall identify and provide the placement within five business days.

(2) If the assessment recommends a level of care which requires prior authorization by the LME/MCO, the LME/MCO shall (i) authorize the level of care and identify appropriate providers within five business days and (ii) assign a care coordinator for the duration that the LME/MCO provides services to the juvenile.

The director shall place the juvenile within five business days once an appropriate level of care has been authorized and providers identified.

The county department of social services (DSS) is responsible for transporting the juvenile placed pursuant to this subsection within five busines days.

(d) The hospital and the LME/MCO shall provide DSS access to the juvenile during the juvenile's hospital stay.

DSS shall provide ongoing case management, virtually or in person, to address the juvenile's educational and social needs during the hospital stay.

(e) If, on completion of the assessment, the director or LME/MCO is unable to identify an appropriate available placement or provider for the juvenile, or if the recommended level of care differs from the authorized level of care, the director shall immediately notify the Department of Health and Human Services' Rapid Response Team.

Pursuant to 7B-302(a1)(1), the director is required to disclose confidential information to a State or local government entity in order to protect a juvenile from abuse or neglect.

All confidential information disclosed to the Rapid Response Team shall remain confidential and only be redisclosed as authorized by State or federal law.

This confidential information is not a public record.

Notification to the Rapid Response Team does not relieve the director, LME/MCO, or any other entity from the responsibility to provide care for the juvenile.

(f) The Rapid Response Team shall be comprised of representatives from the Division of Social Services;

the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services;

and the Division of Health Benefits.

On receipt of a notification from a director, the Rapid Response Team shall evaluate the information provided and coordinate a response to address the immediate needs of the juvenile.

The response may include any of the following:

(1) Identifying an appropriate level of care for the juvenile.

(2) Identifying appropriate providers or other placement for the juvenile.

Page 8 Senate Bill 693-Second Edition General Assembly Of North Carolina Session 2021 (3) Making a referral to qualified services providers.

(4) Developing an action plan to ensure the needs of the juvenile are met.

(5) Developing a plan to ensure that relevant parties carryout any responsibilities to the juvenile.

(g) As used in this section, "assessment" means a comprehensive clinical assessment, a psychiatric evaluation, or a substantially similar assessment." SECTION 5.(b) Article 9 of Chapter 7B of the General Statutes is amended by adding a new section to read:

"§ 7B-903.3.

Emergency motion for placement and payment.

(a) A motion may be filed for a hearing by the court if a juvenile in the custody of a department of social services is admitted to a hospital emergency department for mental health treatment if any of the provisions of G.S.

7B-903.2 subsection (a) through subsection (e) are not met.

(b) Any party to the juvenile case, the Department of Health and Human Services, the hospital where the juvenile is currently admitted, or the LME/MCO may make a limited appearance for the sole purpose of filing a motion pursuant to this section in the district court in the county with jurisdiction over the juvenile in the abuse, neglect, and dependency matter, regarding the juvenile's continued stay in an emergency department, or subsequent admission to a hospital.

(c) The petitioner shall bear the burden at every stage of the proceedings to provide clear and convincing evidence that the provisions of G.S.

7B-903.2 were not met.

The motion shall specifically describe the provisions of G.S.

7B-903.2 which were allegedly not satisfied.

(d) The motion shall be served on all parties to the juvenile proceeding pursuant to G.S.

1A-1, Rule 5.

The motion shall also be served upon the hospital where the juvenile is receiving services, the LME/MCO for the juvenile, and the Department of Health and Human Services.

(e) The motion shall be heard within five business days of the filing of the motion.

The court may consider any evidence, including hearsay evidence as defined in G.S.

8C-1, Rule 801, including testimony or evidence from any person who is not a party, that the court finds to be relevant, reliable, and necessary to determine the needs of the juvenile and the most appropriate disposition.

The parties have the right to present evidence, and each party may advise the court concerning the disposition they believe to be in the best interests of the juvenile.

The hearing shall be conducted in accordance with G.S.

7B-801.

(f) At the hearing, the court shall make written findings of fact.

The court shall determine if the movant established that a responsible party failed to satisfy the requirements provided in subsections (a) through (e) of G.S.

7B-903.2.

The court shall also determine whether or not there wasevidencepresentedthattherewasnomedicalreasonforthejuveniletoremaininthehospital.

(g) The court may order any of the following:

(1) The party responsible, to act in accordance with G.S.

7B-903.2.

(2) The juvenile be placed in accordance with the recommendations of the assessment, if completed.

(3) An assessment for the juvenile be completed within five business days, and the juvenile be placed in accordance with the recommendations of that assessment.

(4) Any relief the court finds appropriate.

(h) The order shall be reduced to writing, signed, and entered no later than 48 hours following the completion of the hearing.

The clerk of court for juvenile matters shall schedule a subsequent hearing for review within 30 calendar days of the order.

(i) If at anytime after the motion is filed, the juvenile is no longer staying at the hospital, the motion shall be dismissed and any related hearing shall be removed from the calendar.

Senate Bill 693-Second Edition Page 9 General Assembly Of North Carolina Session 2021 (j) As used in this section, "assessment" means a comprehensive clinical assessment, a psychiatric evaluation, or a substantially similar assessment." SECTION 5.(c) Subsection (b) of this section becomes effective on January 1, 2022.

The remainder of this section is effective when it becomes law.

PART VI.

EFFECTIVE DATE SECTION 6.

Except as otherwise provided, this act is effective when it becomes law.

Page 10 Senate Bill 693-Second Edition