Fostering Care in NC Act 2026.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1191

Short Title: Fostering Care in NC Act 2026. (Public)
Sponsors: Representatives Chesser, Loftis, Reeder, and Alston (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 2, if favorable, Appropriations, if favorable, Rules, Calendar, and
Operations of the House
May 5, 2026
*H1191-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS AFFECTING JUVENILES AND 2
ASSOCIATED SERVICES, AGENCIES, AND DEPARTMENTS. 3
The General Assembly of North Carolina enacts: 4
5
PART I. CONFIDENTIALITY OF RECORDS 6
SECTION 1.1. G.S. 7B-2901(a) reads as rewritten: 7
"(a) The clerk shall maintain a complete record of all juvenile cases brought pursuant to 8
Subchapter I of this Chapter and filed in the clerk's office alleging abuse, neglect, or 9
dependency.office. The records shall be withheld from public inspection and, except as provided 10
in this subsection, may be examined only by order of the court. The record shall include the 11
summons, petition, custody order, court order, written motions, the electronic or mechanical 12
recording of the hearing, and other papers filed in the proceeding. The recording of the hearing 13
shall be reduced to a written transcript only when notice of appeal has been timely given. After 14
the time for appeal has expired with no appeal having been filed, the recording of the hearing 15
may be erased or destroyed upon the written order of the court or in accordance with a retention 16
schedule approved by the Director of the Administrative Office of the Courts and the Department 17
of Natural and Cultural Resources under G.S. 121‑5(c). 18
The follow ing persons may examine the juvenile's record maintained pursuant to this 19
subsection and obtain copies of written parts of the record without an order of the court: 20
(1) The person named in the petition as the juvenile;juvenile, including the 21
juvenile who has reached the age of 18 or been emancipated, and their 22
attorney. 23
(2) The guardian ad litem;litem. 24
(3) The county department of social services; and services and the Division of 25
Social Services of the Department of Health and Human Services. 26
(4) The juvenile's parent, guardian, or custodian, or the attorney for the juvenile 27
or the juvenile's parent, guardian, or custodian.Any named party in the action 28
and the attorney for any named party in the action." 29
SECTION 1.2. G.S. 50-13.2 reads as rewritten: 30
"§ 50-13.2. Who entitled to custody; terms of custody; visitation rights of grandparents; 31
taking child out of State; consideration of parent's military service.service; 32
confidentiality of court file and records. 33
… 34
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(g) In any custody proceeding where the (i) physical or mental health, (ii) substance use, 1
or (iii) abuse or maltreatment against the minor child is raised, the court shall order that the entire 2
file be sealed and kept from public inspection. The sealed records shall not be released except by 3
order from the court to any person other than: 4
(1) The parties in the custody proceeding. 5
(2) The attorneys for the parties in the custody proceeding. 6
(3) Any court of competent jurisdiction hearing or reviewing the matter. 7
(4) The department of social services when providing protective services pursuant 8
to G.S. 7B-300. 9
For good cause shown, the court may order the recor ds that are confidential under this 10
subsection to be made available to a person or agency who is not listed in this subsection." 11
SECTION 1.3. Section 1.2 of this act becomes effective October 1, 2026, and applies 12
to actions filed on or after that date. 13
14
PART II. PROCEDURE FOR EXPUNGEMENT FROM RESPONSIBLE INDIVIDUALS 15
LIST 16
SECTION 2.1. G.S. 7B-200(a) reads as rewritten: 17
"(a) The court has exclusive, original jurisdiction over any case involving a juvenile who 18
is alleged to be abused, neglected, or dependent. This jurisdiction does not extend to cases 19
involving adult defendants alleged to be guilty of abuse or neglect. The court also has exclusive 20
original jurisdiction of the following proceedings: 21
… 22
(9) Petitions for judicial review of a director's determinationProceedings 23
involving placement on or expungement from the responsible individuals list 24
under Article 3A of this Chapter." 25
SECTION 2.2. G.S. 7B-325(b) reads as rewritten: 26
"(b) The petition for expungement shall be filed with the district cour t of the county in 27
which the abuse or serious neglect report arose. A copy shall be delivered in person or by certified 28
mail, return receipt requested, to the director of the county department of social services of that 29
county.who determined the abuse or s erious neglect and identified the individual see king 30
expungement as a responsible individual. The petition for expungement shall contain the name, 31
date of birth, and address of the individual seeking expungement, the name of the juvenile who 32
was the subjec t of the determination of abuse or serious neglect, and facts that invoke the 33
jurisdiction of the court." 34
35
PART III. CLARIFY CHILD WELFARE PROCEDURE 36
SECTION 3.1. G.S. 7B-900.1(b) reads as rewritten: 37
"(b) Before ordering that a case be transferred to anoth er county, the court shall find that 38
the director of the department of social services in the county in which the action is pending and 39
the director in the county to which transfer is contemplated have communicated about the case 40
and that: 41
(1) The two directors are in agreement with respect to each county's responsibility 42
for providing financial support for the juvenile and services for the juvenile 43
and the juvenile's family; or 44
(2) The Director of the Division of Social Services or the Director's designee has 45
made that determination pursuant to G.S. 153A-257(d).G.S. 153A-257(d) or 46
appointed a county department to assume management of the case pursuant to 47
G.S. 7B-302.1(c)." 48
SECTION 3.2. G.S. 7B-901(d) reads as rewritten: 49
"(d) When the court determines that reunification efforts are not required, thereunification 50
is excluded as a permanent plan. The court shall order concurrent a permanent plans plan as soon 51
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House Bill 1191-First Edition Page 3
as possible, after providing each party with a reasonable opportunity t o prepare and present 1
evidence.evidence at a permanency planning hearing . The court shall schedule a permanency 2
planning hearing within 30 days from the completion of the initial dispositional hearing to 3
address the permanent plans plan in accordance with G.S. 7B‑906.1 and G.S. 7B‑906.2." 4
SECTION 3.3. G.S. 7B-903.1(c1) reads as rewritten: 5
"(c1) If juvenile siblings are removed from the home and placed in the nonsecure custody 6
of a county department of social services, the director shall make reasonable efforts to place the 7
juvenile siblings in the same home. The director is not required to make reasonable efforts under 8
this subsection if the director documents that placing the juvenile siblings would be contrary to 9
the safety or well‑being of any of the juv enile siblings. If, after making reasonable efforts, the 10
director is unable to place the juvenile siblings in the same home, the director shall make 11
reasonable efforts to provide frequent sibling visitation and ongoing interaction between the 12
juvenile sibl ings, unless the director documents that frequent visitation or other ongoing 13
interaction between the juvenile siblings would be contrary to the safety or well‑being of any of 14
the juvenile siblings." 15
SECTION 3.4. G.S. 7B-906.1 reads as rewritten: 16
"§ 7B‑906.1. Review and permanency planning hearings. 17
… 18
(e) At any permanency planning hearing where the juvenile is not placed with a parent, 19
the court shall additionally consider the following criteria and make written findings regarding 20
those that are relevant: 21
… 22
(5) Whether the county department of social services has since the initial 23
permanency plan planning hearing made reasonable efforts to implement the 24
permanent plan for the juvenile. 25
… 26
(g) At the conclusion of each permanency planning hearing, the court shall make specific 27
findings as to the best permanent plan or plans to achieve a safe, permanent home for the juvenile 28
within a reasonable period of time. 29
… 30
(m) If the court finds that a proceeding to terminate the parental rights of the juvenile's 31
parents is necessary in order to perfect the primary or sole permanent plan for the juvenile, the 32
director of the department of social services shall file a petition to terminate parental rights within 33
60 calendar days from the date of the entry of the order unl ess the court makes written findings 34
regarding why the petition cannot be filed within 60 days. If the court makes findings to the 35
contrary, the court shall specify the time frame in which any needed petition to terminate parental 36
rights shall be filed. 37
…." 38
SECTION 3.5. G.S. 7B-906.2(b) reads as rewritten: 39
"(b) At any permanency planning hearing where the court is ordering reunification as a 40
permanent plan, the court shall adopt concurrent permanent plans and shall identify the primary 41
plan and secondary plan. Reunification shall be a primary or secondary plan unless the court 42
relieved the department of making reunification efforts at initial disposition under 43
G.S. 7B‑901(c), previously made written findings under G.S. 7B‑906.1(d)(3), the permanent plan 44
is or has been achieved, or the court makes written findings that reunification efforts clearly 45
would be unsuccessful or would be inconsistent with the juvenile's health or safety. The finding 46
that reunification efforts clearly would be unsuccessful or inconsistent with the juvenile's health 47
or safety may be made at any permanency planning hearing, and if made, shall eliminate 48
reunification as a plan. When reunification has been eliminated as a permanent plan, concurrent 49
planning is not required. Unless permanence has been achieved, the court shall order the county 50
department of social services to make efforts toward finalizing the primary and secondary 51
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permanent plans or the sole permanent plan and may specify efforts that are reasonable to timely 1
achieve permanence for the juvenile." 2
SECTION 3.6. G.S. 7B-908(c) reads as rewritten: 3
"(c) The court shall consider at least the following in its review and make written findings 4
regarding the following that are relevant: 5
(1) The adequacy of the permanency plan or plans developed by the county 6
department of social services or a licensed child‑placing agency for a 7
permanent placement in the juvenile's best interests and the efforts of the 8
department or agency to implement the plan or plans. 9
…." 10
SECTION 3.7. G.S. 7B-909.2(h) reads as rewritten: 11
"(h) The court shall not enter an order to approve the post‑adoption contact agreement 12
unless the agreement is in writing and executed prior to or as part of the relinquishment. The 13
agreement and order shall not be filed in the juvenile proceeding. When the court approves the 14
post‑adoption contact agreement: 15
… 16
(4) The record of the civil action shall be withheld from public inspection and 17
may only be examined by the parties to the civil action and their attorneys, the 18
minor adoptee,adoptee after the adoptee turns eighteen years old or is 19
otherwise emancipated, or by order of the court." 20
SECTION 3.8. G.S. 7B-909.3 reads as rewritten: 21
"§ 7B -909.3. Modification, enforcement, and termination of a post‑adoption contact 22
agreement and order; no right to appeal; rights of adoptive parents. 23
… 24
(e) A party subject to an order under this section has no right to appeal the order.order 25
which terminates, modifies, or enforces the post-adoption contact agreement and order. A party 26
to an order under this section has the right to appeal any order finding him or her in contempt of 27
the order as provided for in Chapter 5A of the General Statutes. 28
…." 29
SECTION 3.9. Part III of this act becomes effective October 1, 2026, and applies to 30
actions filed on or after that date. 31
32
PART IV. TERMINATION OF PARENTAL RIGHTS 33
SECTION 4.1. G.S. 7B-1101.1(b) reads as rewritten: 34
"(b) In addition to the right to appointed counsel under subsection (a) of this section, a 35
guardian ad litem shall be appointed in accordance with G.S. 1A‑1, Rule 17, to represent any 36
parent who is under the age of 18 years and who is not married or otherwise emancipated 16 37
years. On motion of any party or on the court's own motion, the court may appoint a guardian ad 38
litem for a parent who is 16 or 17 years old and who is not married or otherwise emancipated." 39
SECTION 4.2. G.S. 7B-1103(a) reads as rewritten: 40
"(a) A petition or motion to terminate the parental rights of either or both parents to his, 41
her, or their minor juvenile may only be filed by one or more of the following: 42
… 43
(4) Any county department of social services, consolidated county human 44
services agency, or licensed child‑placing agency to which the juvenile has 45
been surrendered relinquished for adoption by one of the parents or by the 46
guardian of the person of the juvenile, pursuant to G.S. 48‑3‑701. 47
(4a) Any county department of social services who has received a s afely 48
surrendered infant, pursuant to Article 5A of this Subchapter. 49
…." 50
SECTION 4.3. G.S. 7B-1112 reads as rewritten: 51
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House Bill 1191-First Edition Page 5
"§ 7B-1112. Effects of termination order. 1
An order terminating the parental rights completely and permanently terminates all rights and 2
obligations of the parent to the juvenile and of the juvenile to the parent arising from the parental 3
relationship, except that the juvenile's right of inheritance from the juvenile's parent shall not 4
terminate until a final order of adoption is issued. The parent is not thereafter entitled to notice 5
of proceedings to adopt the juvenile and may not object thereto or otherwise participate therein: 6
(1) If the juvenile had been placed in the custody of or released for adoption by 7
one parent to a county department of social services or licensed child‑placing 8
agency and is in the custody of the agency at the time of the filing o f the 9
petition or motion, including a petition or motion filed pursuant to 10
G.S. 7B‑1103(a)(6), that agency shall, upon entry of the order terminating 11
parental rights, acquire all of the rights for placement of the juvenile, except 12
as otherwise provided in G.S. 7B‑908(d)7B-908(d1), as the agency would 13
have acquired had the parent whose rights are terminated released the juvenile 14
to that agency pursuant to the provisions of Part 7 of Article 3 of Chapter 48 15
of the General Statutes, including the right to cons ent to the adoption of the 16
juvenile. 17
…." 18
19
PART V. UNDISCIPLINE D AND DELINQUENT JUV ENILES; NONSECURE 20
CUSTODY 21
SECTION 5.1. G.S. 7B-1905(a) reads as rewritten: 22
"(a) A juvenile meeting the criteria set out in G.S. 7B‑1903(a), may be placed in nonsecure 23
custody with a department of social services or a person designated in the order order. The 24
department of social services with placement responsibility is authorized to place the juvenile for 25
temporary residential placement in one of the following: 26
(1) A licensed foster home or a home otherwise authorized by law to provide such 27
care;care. 28
(2) A facility operated by a department of social services; orservices. 29
(2a) A facility licensed to provide care to juveniles. 30
(3) Any other home or facility facility, such as the home of a parent, relative, 31
nonrelative kin, or other person with legal custody of a sibling of the juvenile, 32
approved by the court and designated in the order. 33
The department shall not place a juvenile in any unlicensed facility or any facility that is not 34
licensed to provide care for juveniles without the sanction of the court and so designated in the 35
order prior to such placement being made. 36
In placing a juvenile in nonsecure custody, the court shall first consider whether a relative of 37
the juvenile is willing and able to provide proper care and supervision of the juvenile. If the court 38
finds that the relative is willing and able to provide proper care and supervisio n, the court shall 39
order placement of the juvenile with the relative unless the court finds that placement with the 40
relative would be contrary to the best interest of the juvenile. Placement of a juvenile outside of 41
this State shall be in accordance with t he Interstate Compact on the Placement of Children set 42
forth in Article 38 of this Chapter." 43
SECTION 5.2. G.S. 7B-2001 reads as rewritten: 44
"§ 7B-2001. Appointment of guardian. 45
(a) In any Any time during a case when no parent, guardian, or custodian appea rs in a 46
hearing with the juvenile or when the court finds it would be in the best interests of the juvenile, 47
the court may appoint a guardian of the person for the juvenile. The court shall not appoint the 48
department of social services as a guardian of the person for a juvenile. 49
(b) The guardian shall operate under the supervision of the court with or without bond 50
and shall file only such reports as the court shall require. The court shall consider whether 51
General Assembly Of North Carolina Session 2025
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ordering a limited guardianship would meet the needs and best interests of the juvenile. A limited 1
guardianship shall specify the powers and duties of the limited guardian over the juvenile's person 2
while the parent, guardian, or custodian retains certain legal rights and privileges including 3
physical custody, educational and medical decision-making, and religious upbringing. Unless the 4
court orders a limited guardianship that specifies the duties and rights of the guardian,otherwise, 5
the guardian: 6
(1) Shall have the care, custody, and control of the ju venile or may arrange a 7
suitable placement for the juvenile. 8
(2) May represent the juvenile in legal actions before any court. 9
(3) May consent to certain actions on the part of the juvenile in place of the parent 10
or custodian, including (i) marriage, (ii) enlisting in the Armed Forces of the 11
United States, and (iii) enrollment in school. 12
(4) May consent to any necessary remedial, psychological, medical, or surgical 13
treatment for the juvenile. 14
(c) The authority of the guardian shall continue until the guardi anship is terminated by 15
court order, until the juvenile is emancipated pursuant to Subchapter IV of this Chapter, or until 16
the juvenile reaches the age of majority." 17
18
PART VI. THIRD-PARTY BACKGROUND CHECK VENDORS 19
SECTION 6.1. Municipalities and counties may enter contracts with third -party 20
vendors supplying background checks to conduct background checks required pursuant to 21
G.S. 153A-94.2(b) and G.S. 160A-164.2(b). All contracts entered pursuant to this section shall 22
terminate on or before December 1, 2026, or when the State Bureau of Investigation request for 23
proposal is awarded, whichever occurs later. The State Bureau of Investigation shall prescribe 24
minimum requirements for all background checks conducted by third-party vendors. 25
26
PART VII. AUTOMATIC REFERRAL TO DIRECTOR FOR SEVERAL REPORTS 27
SECTION 7.1. G.S. 7B-302(a) reads as rewritten: 28
"(a) When a report of abuse, neglect, or dependency is received, the director of the 29
department of social services shall make a prompt and thorough assessment, using either a family 30
assessment response or an investigative assessment response, in order to ascertain the facts of the 31
case, including collecting information concerning the military affiliation of the parent, guardian, 32
custodian, or caretaker of the juvenile alleged to have been abused or neglected, the extent of the 33
abuse or neglect, and the risk of harm to the juvenile, in order to determine whether protective 34
services should be provided or the complaint filed as a petition. When a department has received 35
and screened out three reports within six months or five reports within one year regarding the 36
same juvenile or the juvenile's household, the case shall immediately be referred to the director 37
of the department of social services. The director shall not delegate the review of the screen ed 38
out reports and shall determine whether the reports require an assessment be completed and, if 39
so, shall directed an assessment be initiated . When the report alleges abuse, the director shall 40
immediately, but no later than 24 hours after receipt of the report, initiate the assessment. When 41
the report alleges neglect or dependency, the director shall initiate the assessment within 72 hours 42
following receipt of the report. When the report alleges abandonment of a juvenile or unlawful 43
transfer of custody under G.S. 14‑321.2, the director shall immediately initiate an assessment. 44
When the report alleges abandon ment, the director shall also take appropriate steps to assume 45
temporary custody of the juvenile, and take appropriate steps to secure an order for nonsecure 46
custody of the juvenile. The assessment and evaluation shall include a visit to the place where 47
the juvenile resides, except when the report alleges abuse or neglect in a child care facility as 48
defined in Article 7 of Chapter 110 of the General Statutes. When the report alleges 49
abandonment, the assessment shall include a request from the director to la w enforcement 50
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officials to investigate through the North Carolina Center for Missing Persons and other national 1
and State resources whether the juvenile is a missing child." 2
3
PART VIII. MOBILE COMMUNICATIONS PLATFORM 4
SECTION 8.1. There is appropriated from the General Fund to the Administrative 5
Office of the Courts, Office of Indigent Services, the sum of two hundred and fifty thousand 6
dollars ($250,000) in recurring funds beginning in the 2026-2027 fiscal year to contract with an 7
approved vendor, no later than October 1, 2026, for the implementation of a secure, web and 8
mobile based communications platform for abuse, neglect, and dependency proceedings, and 9
termination of parental rights proceedings arising from those matters to ensure compliance with 10
federal and State requirements for the following: 11
(1) Advanced notification via automated electronic methods such as text 12
messaging or email to all parties and their attorneys, to the persons providing 13
care to the juvenile, and to any other person or agency designated by the court 14
for all court hearings and for interagency team meetings initiated by the 15
county department of social services such as permanency planning review 16
meetings, child and family team meetings, and placement status change 17
meetings. 18
(2) Enhanced communication between attorneys and clients and between parties 19
to reduce court continuances, share discovery, and reduce barriers to 20
permanency. 21
SECTION 8.2. The Administrative Office of the Courts, Indigent Services of NC , 22
the Guardian Ad Litem Program, the North Carolina Division of Social Services (DSS), and any 23
other State or county agency or department necessary for implementation of the platform under 24
Section 10.1 of this act shall enter into a data sharing agreement to enable the selected vendor to 25
receive data necessary to ensure timely notification of court hearings and DSS initiated 26
interagency team meetings to all parties and their attorneys, the person providing care for the 27
juvenile, and any other necessary persons or agencies, and to ensure the communication platform 28
between the attorneys and clients and between parties receives the most accurate information 29
without redundant data entry. 30
SECTION 8.3. Section 8.1 of this act becomes effective on July 1, 2026. 31
32
PART IX. INCLUSION O F EAST ERN BAND OF CHEROKEE INDIANS IN CHILD 33
ADVOCACY CENTERS 34
SECTION 9.1. G.S. 108A-77.1 reads as rewritten: 35
"§ 108A-77.1. Definitions. 36
The following definitions apply in this Article: 37
… 38
(7) Department. – As defined in G.S. 7B-101(8a).7B-101 and the Eastern Band 39
of Cherokee Indians Public Health and Human Services Department of 40
Human Services. 41
… 42
(10) Multidisciplinary team. – A group of professionals who represent various 43
disciplines and work collaboratively pursuant to a written protocol t o share 44
information on service provision and investigations by law enforcement or a 45
department to inform the investigation and prosecution of child maltreatment 46
cases and to coordinate services in response to reports made of child 47
maltreatment. The multidisciplinary team works solely on behalf of children 48
served by a Children's Advocacy Center. In addition to the members listed in 49
this subdivision, a multidisciplinary team may include other professionals 50
involved in the delivery of services to victims of child maltreatment and their 51
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appropriate caregivers. Participation in a multidisciplinary team shall not 1
preclude any member from carrying out any mandated responsibility of his or 2
her profession. A Children's Advocacy Center's multidisciplinary team must 3
include, at a minimum, the following professionals: 4
a. A member of participating law enforcement agencies. 5
b. The county district attorney or assistant district attorney. or tribal 6
prosecutor for the Eastern Band of Cherokee Indians. 7
c. A member of the department's child protective services unit. 8
d. A local mental health provider. 9
e. A local health care provider. 10
f. A victim advocate. 11
g. Children's Advocacy Center staff. 12
…." 13
SECTION 9.2. G.S. 108A-77.4(c) reads as rewritten: 14
"(c) Disclosure of information and records outlined in subsection (b) of this section shall 15
only be released or otherwise made available to the following: 16
(1) The North Carolina Department of Health and Human Services and county 17
departments. 18
(2) Law enforcement agencies, a prosecuting d istrict attorney, attorney, a tribal 19
prosecutor for the Eastern Band of Cherokee Indians, or the Attorney General. 20
(3) Health care providers or local management entity/managed care organizations 21
providing medical or psychiatric care or services to the child, in the case of 22
medical or mental health records. 23
(4) The North Carolina Child Fatality Task Force. 24
(5) As permitted under G.S. 7B-3100." 25
26
PART X. EFFECTIVE DATE 27
SECTION 10.1. Except as otherwise provided, this act is effective when it becomes 28
law. 29