SB 488 — Clarify Disp. Place Analysis/IOLTA.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 21 SENATE BILL 488 House Committee Substitute Favorable 6/24/25 Short Title:

ClarifyPaternity Disp.of Children Born Out of Wedlock.

Place Analysis/IOLTA.

Senator Sawrey (Primary Sponsor).

Rules and Operations of the Senate March 26, 2025 A BILL TO BE ENTITLED AN ACT TO CLARIFYCHANGE DISPOSITIONTHE PLACEMENTPROCESS ANALYSISFOR ANDESTABLISHING REQUIREPATERNITY WRITTENOF FINDINGSCHILDREN BORN OUT OF FACT;WEDLOCK.

AND TO MODIFY IOLTA EXPENDITURES.

7B-90329-19 reads as rewritten:

"§ 7B-903.29-19.

DispositionalSuccession alternativesby, forthrough abused,and neglected,from orchildren dependentborn juvenile.out of wedlock.

(a)… The(b) followingFor alternativespurposes forof dispositionintestate shallsuccession, bea availablechild toborn anyout court exercising jurisdiction, and the court may combine any of thewedlock applicableshall alternativesbe whenentitled the court finds the disposition to betake inby, thethrough bestand interestsfrom: of the juvenile:

(1) DismissAny theperson casewho orhas continuebeen thefinally caseadjudged in order to allowbe the parent,father guardian,of custodian,the caretakerchild orpursuant others to takethe appropriateprovisions action.of G.S.

(2)49-1 Requirethrough that49-9 theor juvenile be supervised in the juvenile'sprovisions own home by the department of socialG.S. services in the juvenile's county or by another individual as maybe available to the court, subject to conditions applicable to the parent, guardian, custodian, or caretaker as the court may specify.

(3)49-14 Repealedthrough by49-16;49-16. Session Laws 2015-136, s.

10,(2) effectiveAny Octoberperson 1,who 2015,has acknowledged himself during his own lifetime and applicablethe child's lifetime to actionsbe filedthe orfather pendingof onthe child in a written instrument executed or afteracknowledged thatbefore date.a certifying officer named in G.S.

(4)52-10(b) Placeand filed during his own lifetime and the juvenilechild's lifetime in the custodyoffice of athe parent,clerk relative,of privatesuperior agencycourt offeringof placementthe services,countywhere oreither somehe otheror suitablethe person.child resides.G.S.

If52-10(b). the court determines that the juvenile should be placed in the custody of an individual other than a parent, the court shall verify that the person receiving custody of the juvenile understands the legal significance of the placement and will have adequate resources to care appropriately for the juvenile.

The…." factSECTION that2. the prospective custodian has provided a stable placement for the juvenile for at least six consecutive months is evidence that the person has adequate resources.

(5) Appoint a guardian of the person for the juvenile as provided in G.S.

7B-600.130A-101(f) reads as rewritten:

(6)"(f) PlaceIf thethemotherwas juvenileunmarriedat inall times from date ofconception through dateofbirth, the custodyname of the departmentfather ofshall socialnot servicesbe inentered on the countycertificate ofunless the juvenile'schild's residence.mother and father complete an affidavit acknowledging paternity which contains the following:

In(1) theA casesworn ofstatement aby juvenilethe whomother hasconsenting legalto residence outside the State,assertion theof courtpaternity mayby place the juvenilefather inand thedeclaring physicalthat custody of the departmentfather ofis socialthe serviceschild's innatural thefather countyand wherethat the juvenilemother iswas foundunmarried soat thatall agencytimes mayfrom return the juveniledate toof theconception responsiblethrough authorities in the juvenile'sdate homeof state.birth;

(a1)(2) InA placingsworn astatement juvenileby in out-of-home care under this section, the courtfather shalldeclaring firstthat considerhe determinebelieves whetherhe ais relative of the juvenilenatural isfather willing and able to provide proper care and supervision of the juvenilechild; in a safe home.

If(3) theInformation courtexplaining finds that the relative is willing and able to provide proper care and supervision in aplain safelanguage home, then the courteffect shallof ordersigning placementthe *S488-v-2*affidavit, Generalincluding Assemblya Ofstatement North Carolina Session 2025 of theparental juvenilerights withand theresponsibilities relativeand unlessan theacknowledgment courtof finds determines that the placementreceipt is contrary to the best interests of thethis juvenile.information;

Inand placing(4) aThe juvenilesocial insecurity out-of-homenumbers 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.both parents.

PlacementThe ofState aRegistrar, juvenilein consultation with athe relativeChild outsideSupport ofEnforcement thisSection Stateof mustthe beDivision inof accordanceSocial withServices, theshall Interstatedevelop Compactand ondisseminate thea Placementform ofaffidavit Children.Iffor theuse juvenilein hascompliance beenwith placedthis insection, out-of-hometogether care with aan nonrelative,information thesheet courtthat maycontains compare all placementthe optionsinformation required to determinebe whichdisclosed placementby optionsubdivision is(3) inof thethis juvenile'ssubsection. best interest.

(a2)*S488-v-1* AnGeneral orderAssembly underOf thisNorth sectionCarolina placingSession or2025 continuingUpon the placementexecution of the juvenileaffidavit, inthe out-of-homedeclaring carefather shall containbe alisted findingas that the juvenile'sfather continuationon inthe orbirth returncertificate, subject to the juvenile'sdeclaring ownfather's homeright would be contrary to therescind juvenile'sunder healthG.S. and safety.

(a3)110-132. An order under this section placing the juvenile in out-of-home care shall contain specific findings as to whether the department has made reasonable efforts to prevent the need for placement of the juvenile.

InThe determiningexecuted whetheraffidavit effortsshall tobe preventfiled thewith placement of the juvenileregistrar werealong reasonable,with the juvenile'sbirth healthcertificate. and safety shall be the paramount concern.

TheIn courtthe mayevent findpaternity thatis effortsproperly toplaced preventat theissue, needa forcertified thecopy juvenile'sof placementthe wereaffidavit precludedshall bybe anadmissible immediatein threatany ofaction harm to theestablish juvenile.paternity.

AThe findingsurname thatof reasonablethe effortschild wereshall notbe madedetermined by athe countymother, departmentexcept ofif social services shall not preclude the entryfather's ofname anis orderentered authorizingon the juvenile'scertificate, placement when the courtmother findsand thatfather placementshall isagree necessaryupon for the protectionchild's ofsurname. the juvenile.

(a4) If thethere courtis doesno notagreement, place the juvenilechild's withsurname ashall relative,be the courtsame mayas considerthat whether an appropriate former foster parent, nonrelative kin kin, or other persons with legal custody of a sibling of the juvenilemother. are willing and able to provide proper care and supervision of the juvenile in a safe home.

TheTheexecutionandfilingofthisaffidavitwiththeregistrardoesnot courtaffect mayorderrightsofinheritance theunless department to notifythe juvenile's State-recognized tribe of the needaffidavit foris custodialalso carefiled forwith the purposeclerk of locatingcourt relativesin oraccordance nonrelativewith kinG.S. for placement.

The29-19(b)(2)." courtSECTION may3. order placement of the juvenile with an appropriate former foster parent, nonrelative kin kin, or other persons with legal custody of a sibling of the juvenile if the court finds the placement is in the juvenile's best interests.

(a5)This Inact placingis aeffective juvenilewhen in out-of-home care under this section, the court shall also determine whether it isbecomes inlaw theand juvenile'sapplies best interest to remain in the juvenile'sestates community of residenceanddecedents makewrittenfindingsopened offacton toor supportthatafter determination.that date.

PlacementPage ofajuvenile2 withSenate aBill relative488-First outsideEdition of this State must be in accordance with the Interstate Compact on the Placement of Children.

(b) When the court has found that a juvenile has suffered physical abuse and that the individual responsible for the abuse has a history of violent behavior against people, the court shall consider the opinion of the mental health professional who performed an evaluation under G.S.

7B-503(b) before returning the juvenile to the custody of that individual.

(c) Repealed bySession Laws 2015-136, s.

10, effective October 1, 2015, and applicable to actions filed or pending on or after that date.

(d) The court may order that the juvenile be examined by a physician, psychiatrist, psychologist, or other qualified expert as may be needed for the court to determine the needs of the juvenile.