Child Welfare.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 237
Committee Substitute Favorable 3/18/25

Short Title: Child Welfare. (Public)
Sponsors:
Referred to:
February 27, 2025
*H237-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS AFFECTING JUVENILES AND 2
ASSOCIATED SERVICES, COUNTY SOCIAL SERVI CES BOARDS AND 3
DEPARTMENTS, REGIONAL SOCIAL SERVICES BO ARDS AND DEPARTMENTS , 4
CONSOLIDATED HUMAN SERVICES BOARDS AND AGENCIES, AND THE NORTH 5
CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES. 6
The General Assembly of North Carolina enacts: 7
8
PART I. CHILD WELFARE LAW REFORMS 9
SECTION 1.(a) G.S. 7B-100 reads as rewritten: 10
"§ 7B-100. Purpose. 11
This Subchapter shall be interpreted and construed so as to implement the following purposes 12
and policies: 13
… 14
(5) To provide standards, consistent with the Adoption and Safe Families Act of 15
1997, P.L. 105 -89, for ensuring that the best interests of the juvenile are of 16
paramount consideration by the court and that when it is not in the juvenile's 17
best interest to be returned home, the juvenile will be placed in a safe, 18
permanent home within a reasonable amount of time. one year from the date 19
of the initial order removing custody." 20
SECTION 1.(b) G.S. 7B-101 reads as rewritten: 21
"§ 7B-101. Definitions. 22
As used in this Subchapter, unless the context clearly requires otherwise, the following words 23
have the listed meanings: 24
(1) Abused juveniles. – Any juvenile less than 18 years of age (i) who is found to 25
be a minor victim of human trafficking under G.S. 14-43.15 or unlawful sale, 26
surrender, or purchase of a minor under G.S. 14-43.14 or (ii) whose parent, 27
guardian, custodian, or caretaker: 28
… 29
d. Commits, permits, or encourages the commission of a violation of the 30
following laws by, with, or upon the juvenile: first-degree forcible 31
rape, as provided in G.S. 14-27.21; second -degree forcible rape as 32
provided in G.S. 14-27.22; statutory rape of a child by an adult as 33
provided in G.S. 14-27.23; first-degree statutory rape as provided in 34
G.S. 14-27.24; first -degree forcible sex offense as provided in 35
G.S. 14-27.26; second -degree forcible sex offense as provided in 36
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G.S. 14-27.27; statutory sexual offense with a child by an adult as 1
provided in G.S. 14-27.28; first -degree statutory sexual offense as 2
provided in G.S. 14-27.29; sexual activity by a substitute parent or 3
custodian as provided in G.S. 14-27.31; sexual activity with a student 4
as provided in G.S. 14-27.32; unlawful sale, surrender, or purchase of 5
a minor, as provided in G.S. 14-43.14; a sexually violent offense , as 6
provided in G.S. 14-208.6(5); crime against nature, as provided in 7
G.S. 14-177; incest, as provided in G.S. 14-178; preparation of 8
obscene photographs, slides, or motion pictures of the juvenile, as 9
provided in G.S. 14-190.5; employing or permitting the juvenile to 10
assist in a violation of the obscenity laws as provided in G.S. 14-190.6; 11
dissemination of obscene material to the juvenile as provided in 12
G.S. 14-190.7 and G.S. 14-190.8; and displaying or disseminating 13
material harmful to the juvenile as provided in G.S. 14-190.14 and 14
G.S. 14-190.15; first and second degree sexual exploitation of the 15
juvenile as provided in G.S. 14-190.16 and G.S. 14-190.17; promoting 16
the prostitution of the juvenile as provided in G.S. 14-205.3(b); and 17
taking indecent liberties with the juvenile, as provided in 18
G.S. 14-202.1;G.S. 14-190.15. 19
… 20
(15) Neglected juvenile. – Any juvenile less than 18 years of age (i) who is found 21
to be a minor victim of human trafficking unde r G.S. 14-43.15 or (ii) whose 22
parent, guardian, custodian, or caretaker does any of the following: 23
… 24
h. Uses an illegal substance , abuses alcohol, or uses a controlled 25
substance in violation of the law and is unable to care for and provide 26
a safe and appropriate home for the juvenile. 27
i. Uses an illegal substance, abuses alcohol, or uses a controlled 28
substance in violation of the law while a child is in utero. 29
In determining whether a juvenile is a neglected juvenile, it is relevant whether 30
that juvenile lives in a home where another juvenile has died as a result of 31
suspected abuse or neglect or lives in a home where another juvenile has been 32
subjected to abuse or neglect by an adult who regularly lives in the home. 33
…." 34
SECTION 1.(c) G.S. 7B-503(a) reads as rewritten: 35
"(a) When a request is made for nonsecure custody, the court shall first consider release 36
of the juvenile to the juvenile's parent, relative, guardian, custodian, or other responsible adult. 37
An order for nonsecure custody shall be made only when there is a reasonable factual basis to 38
believe the matters alleged in the petition are true, and any of the following apply: 39
… 40
(7) The juvenile is an infant who was born exposed to alcohol, illegal substances, 41
or controlled substances used in violation of the law. If the parent is enrolled 42
in and meeting or excee ding the benchmarks of a substance abuse treatment 43
program recommended by a medical provider or a local management 44
entity/managed care organization (LME/MCO) , then a ny use of alcohol, 45
illegal substances, or controlled substances in violation of the law shall not be 46
the sole ground for ordering nonsecure custody. 47
A juvenile alleged to be abused, neglected, or dependent shall be placed in n onsecure custody 48
only when there is a reasonable factual basis to believe that there are no other reasonable means 49
available to protect the juvenile. The developmental and attachment needs of the juvenile must 50
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be considered in making nonsecure custody determinations. In no case shall a juvenile alleged to 1
be abused, neglected, or dependent be placed in secure custody." 2
SECTION 1.(d) G.S. 7B-505(b) reads as rewritten: 3
"(b) The court shall order the department of social services to make diligent efforts to 4
notify relatives and other persons with legal custody of a sibling of the juvenile that the juvenile 5
is in nonsecure custody and of any hearings scheduled to occur pursuant to G.S. 7B-506, unless 6
the court finds the notification would be contrary to the best interests of the juvenile. The 7
department of social services shall use due diligence to identify and notify adult relatives 8
relatives, next of kin, and other persons with legal custody of a sibling of the juv enile within 30 9
days after the initial order removing custody. The department shall file with the court information 10
regarding attempts made to identify and notify adult relatives of the juvenile and persons with 11
legal custody of a sibling of the juvenile. In placing a juvenile in nonsecure custody under this 12
section, the court shall first consider whether a relative of the juvenile is willing and able to 13
provide proper care and supervision of the juvenile in a safe home. If the court finds that the 14
relative is willing and able to provide proper care and supervision in a safe home, then the court 15
shall order placement of the juvenile with the relative unless the court finds that placement with 16
the relative would be contrary to the best interests of the juveni le. The developmental and 17
attachment needs of the child shall be considered by the court when determining whether 18
placement with the relative would be contrary to the best interest of the juvenile." 19
SECTION 1.(e) G.S. 7B-901(c) reads as rewritten: 20
"(c) If the disposition order places a juvenile in the custody of a county department of 21
social services, the court shall direct that reasonable efforts for reunification as defined in 22
G.S. 7B-101 shall not be required if the court makes written findings of fact pertaining to any of 23
the following, unless the court concludes that there is compelling evidence warranting continued 24
reunification efforts: 25
(1) A court of competent jurisdiction determines or has determined that 26
aggravated circumstances exist because the parent has committed or 27
encouraged the commission of, or allowed the continuation of, any of the 28
following upon the juvenile: 29
… 30
e. Chronic or toxic exposure to alcohol or controlled substances that 31
causes impairment of or addiction in the juvenile.juvenile, including 32
in utero exposure to alcohol, illegal substances, or controlled 33
substances used in violation of the law. The court shall consider 34
whether a parent is enrolled in and meeting or excee ding the 35
benchmarks of a substance abuse treatment program recommended by 36
a medical provider or a local management entity/managed care 37
organization (LME/MCO). 38
…." 39
SECTION 1.(f) G.S. 7B-903 reads as rewritten: 40
"§ 7B-903. Dispositional alternatives for abused, neglected, or dependent juvenile. 41
… 42
(a1) In placing a juvenile in out -of-home care under this section, the court shall first 43
consider whether a relative of the juvenile is willing and able to provide proper care and 44
supervision of the juvenile in a safe home. If the court finds that the relative is willing a nd able 45
to provide proper care and supervision in a safe home, then the court shall order placement of the 46
juvenile with the relative unless the court finds that the placement is contrary to the best interests 47
of the juvenile. The developmental and attachment needs of the child shall be considered by the 48
court when determining whether placement with the relative would be contrary to the best interest 49
of the juvenile. In placing a juvenile in out-of-home care under this section, the court shall also 50
consider whether it is in the juvenile's best interest to remain in the juvenile's community of 51
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residence. Placement of a juvenile with a relative outside of this State must be in accordance with 1
the Interstate Compact on the Placement of Children. 2
… 3
(a5) Once a juvenile who is not a member of a State-recognized tribe as set forth in 4
G.S. 143B-407(a) has resided in the home of a foster parent for a continuous period of at least 5
nine months, the foster parent is deemed to be nonrelative kin for purposes of this section. 6
…." 7
SECTION 1.(g) G.S. 7B-903.1(c) reads as rewritten: 8
"(c) If a juvenile is removed from the home and placed in the custody or placement 9
responsibility of a county department of social services, the director shall not allow unsupervised 10
visitation with or return physical custody of the juvenile to the parent, guardian, custodian, or 11
caretaker without a hearing at which the court finds that the juvenile will receive proper care and 12
supervision in a safe home. Before a county department of social services may recommend 13
unsupervised visits or return of physical custody of the juvenile juvenile, whichever occurs first, 14
to the parent, guardian, custodian, or caretaker from whom the juvenile wa s removed, a county 15
department of social services shall first observe that parent, guardian, custodian, or caretaker with 16
the juvenile for at least two visits that support the recommendation. Each observation visit shall 17
consist of an observation of not less than one hour with the juvenile, shall be conducted at least 18
seven days apart, and shall occur within 30 days of the hearing at which the department of social 19
services makes the recommendation. A department of social services shall provide 20
documentation of any observation visits that it conducts to the court for its consideration as to 21
whether unsupervised visits or physical custody custody, whichever occurs first, should be 22
granted to the parent, guardian, custodian, or caretaker from whom the juvenile was removed." 23
SECTION 1.(h) G.S. 7B-906.1 reads as rewritten: 24
"§ 7B-906.1. Review and permanency planning hearings. 25
(a) The court shall conduct a review or permanency planning hearing within 90 days from 26
the date of the initial dispositional hearing held pursuant to G.S. 7B-901. Review or permanency 27
planning hearings shall be held at least every six months thereafter. If custody has not been 28
removed from a parent, guardian, caretaker, or custodian, the hearing shall be designated as a 29
review hearing. If custody has been removed from a parent, guardian, or custodian, or the juvenile 30
was residing with a caretaker at the time the petition was filed, the hearing shall be designated as 31
a permanency planning hearing. 32
… 33
(d) At each hearing, the court shall consider the following criteria and make written 34
findings regarding those that are relevant: 35
… 36
(1a) Reports on the juvenile's continuation in the home of the parent, guardian, or 37
custodian; and the appropriateness of the juvenile's continuation in that home. 38
If the juvenile is removed from the custody of a parent, guardian, or custodian 39
at a review hearing, the court shall schedule a permanency planning hearing 40
within 30 days of the review, unless the hearing was noticed and heard as a 41
permanency planning hearing.review. 42
… 43
(3) Whether efforts to reunite the juvenile with either parent clearly would be 44
unsuccessful or inconsistent with the juvenile's health or safety and need for a 45
safe, permanent home within a reasonable period of time. one year from the 46
date the initial order removing custody was entered , including whether a 47
parent has engaged in any of the factors described under G.S. 7B-901(c). The 48
court shall consider efforts to reunite regardless of whether the juvenile 49
resided with the parent, guardian, or custodian at the time of removal. 50
… 51
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(i) The At any permanency planning hearing, the court may maintain the juvenile's 1
placement under review or order a different placement, appoint a guardian of the person for the 2
juvenile pursuant to G.S. 7B-600, or order any disposition authorized by G.S. 7B-903, including 3
the authority to place the child in the custody of either parent or any relative found by the court 4
to be suitable and found by the court to be in the best interests of the juvenile. 5
… 6
(l) If the court orders or continues the juvenile's placement in the custody or placement 7
responsibility of a county department of social services, the provisions of G.S. 7B-903.1 shall 8
apply to any order entered under this section. 9
… 10
(n) Notwithstanding other provisions of this Article, the court may waive the holding of 11
permanency planning hearings required by this section, may require written reports to the court 12
by the agency or person holding custody in lieu of permanency planning hearings, or order that 13
permanency planning hearings be held less often than every six months if the court finds by clear, 14
cogent, clear and convincing evidence each of the following: 15
(1) The juvenile has resided in the placement for a period of at least one year or 16
the juvenile has resided in the placement for at least six consecutive months 17
the parties are in agreement and the court enters a consent order pursuant to 18
G.S. 7B-801(b1). 19
(2) The placement is stable, and continuation of the placement is in the juvenile's 20
best interests. 21
(3) Neither the juvenile's best interests nor the rights of any party require that 22
permanency planning hearings be held every six months. 23
(4) All parties are aware that the matter may be brought before the court for 24
review at any time by the filing of a permanency planning or modification 25
motion for review or on the court's own motion. 26
(5) The court order has designated the relative or other suitable person as the 27
juvenile's permanent custodian or guardian of the person. 28
The court may not waive or refuse to conduct a hearing if a party files a motion seeking the 29
hearing. However, if a guardian of the person has been appointed for the juvenile and the court 30
has also made findings in accordance with subsection (n) of this section that guardianship is the 31
permanent plan for the juvenile, the court shall proceed in accordance with apply the criteria of 32
G.S. 7B-600(b). 33
…." 34
SECTION 1.(i) G.S. 7B-1103(a) reads as rewritten: 35
"(a) A petition or motion to terminate the parental rights of either or both parents to his, 36
her, or their minor juvenile may only be filed by one or more of the following: 37
… 38
(5) Any person with whom the juvenile has resided for a continuous period of 18 39
15 months or more next preceding the filing of the petition or motion. 40
…." 41
SECTION 1.(j) G.S. 7B-1109(f) reads as rewritten: 42
"(f) The burden in such proceedings shall be upon the petitioner or movant and all findings 43
of fact shall be based on clear, cogent, clear and convincing evidence. The rules of evidence in 44
civil cases shall apply. No husband-wife or physician -patient privilege shall be grounds for 45
excluding any evidence regarding the existence or nonexistence of any circumstance authorizing 46
the termination of parental rights." 47
SECTION 1.(k) G.S. 7B-1111(a) reads as rewritten: 48
"(a) The court may terminate the parental rights upon a finding of one or more of the 49
following: 50
… 51
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(2) The parent has willfully left the juvenile in foster care or placement outside 1
the home for more than 12 nine months without showing to the satisfaction of 2
the court that reasonable progress under the circumstances has been made in 3
correcting those conditions which led to the removal of the juvenile. No 4
parental rights, however, shall be terminated for the sole reason that the 5
parents are unable to care for the juvenile on account of their poverty. 6
…." 7
SECTION 1.( l) This section becomes effective October 1, 2025, and applies to 8
petitions or motions to terminate parental rights filed on or after that date. 9
10
PART II. REGIONAL ABUSE AND MEDICAL SPECIALIST PROGRAM 11
SECTION 2.(a) The Regional Abuse and Medical Specialist (RAMS) program 12
staffed within the North Carolina Child Medical Evaluation Program (NC CMEP) through one 13
or more contracts or memorandums of understanding between the Department of Health and 14
Human Services and the Pediatric Department of the UNC School of Medicine is immediately 15
stayed pending compliance with the following: 16
(1) Establishment of rules for the program in compliance with Chapter 150A of 17
the General Statutes. 18
(2) Amendment of and federal ap proval of any State plan, which is required to 19
comply with federal laws and regulations and maintain federal funding. 20
(3) Federal approval of rules for the RAMS program, which is required to comply 21
with federal laws and regulations and maintain federal funding. 22
If necessary, any contracts or memorandums of understanding between the 23
Department of Health and Human Services and the UNC School of Medicine regarding the 24
RAMS program shall be modified to comply with the provisions of this section. 25
SECTION 2.(b) The Social Services Commission shall adopt temporary and 26
permanent rules to implement the RAMS program which shall include: 27
(1) Limiting the RAMS team's focus to screened in cases meeting one or more of 28
the following criteria: 29
a. The child is less than 4 years of age and presents with unexplained or 30
poorly explained injuries. Injuries would not be considered poorly 31
explained or unexplained in cases where the discipline or action by the 32
caretaker explains the child's injury and the reporting medical provider 33
states that the mechanism of the injury is plausible for having caused 34
the injury. 35
b. The child is less than 4 years of age and there is a concern for a 36
sexually transmitted infection. 37
c. The child is less than 4 years of age and another child who lives in the 38
home died as a result of suspected abuse or neglect. 39
d. There is concern for medical child abuse (Munchausen by Proxy) to a 40
child of any age. 41
e. The child, regardless of age, has a medically complex issue and one or 42
more of the following is present: 43
1. The child requires subspecialty care by two or more specialists. 44
2. A second report of medical neglect is received within six 45
months regardless of the prior case outcome. 46
3. The child requires devices to sustain their function such as a 47
tracheostomy or g-tube. 48
f. The child is a substance-affected infant. 49
(2) Requiring the RAMS team to be contacted if the following criteria are met: 50
General Assembly Of North Carolina Session 2025
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a. The report of abuse or neglect is screened in for a family or 1
investigative assessment by the local county child welfare agency. 2
b. One or more of the criteria of subdivision (1) of this subsection are 3
present. 4
(3) Requiring the RAMS team to cease involvement upon a determination that the 5
child does not meet the criteria of subdivision (2) of this subsection or upon 6
the final case decision resulting from the family or investigative assessment, 7
whichever shall occur first. 8
(4) Requiring the county director of social services to decide issues where a 9
disagreement between the local social services worker and the RAMS team 10
arises, including: 11
a. Whether the child meets the criteria of subdivision (2) of this 12
subsection. 13
b. The course of action to be taken during the family or investigative 14
assessment. 15
c. The ultimate decision arising from the family or investigative 16
assessment. 17
The county director of social services shall make this determination based on 18
information contained in the case file provided by the RAMS team, provided 19
by the county social worker, and, if applicable, provided by the Regional Child 20
Welfare Consultant. The county director shall make the determination as soon 21
as possible after notification of the disagreement but no later than 24 hours 22
after the disagreement arises. 23
(5) Requiring the social worker assigned to the case to notify the county director 24
as soon as possible after a disagreement arises between the social worker and 25
the RAMS team member but no later than four hours after the disagreement 26
arises. 27
(6) Requiring the social worker to notify the family to be notified as soon as 28
possible of any decision impacting the family when the RAMS program is 29
involved in the family's case but no later than 24 hours after the decision is 30
made. 31
(7) Limiting the RAMS program's role to supporting, guiding, and mentoring 32
county supervisors during the family or investigat ive assessment phase only. 33
The county supervisor may include the social worker in meetings with the 34
RAMS personnel. The recommendations and suggestions made by the RAMS 35
team are contributions to the county's family or investigative assessment and 36
are not a complete guide of the assessment. The county must follow the policy 37
outlined in the Child Protective Services Family and Investigative 38
Assessments section of the NC Child Welfare policy manual. The county 39
director is ultimately responsible for the safety and well-being of children in 40
their county and is tasked with determining whether protective services should 41
be put in place or a petition filed after making a prompt and thorough 42
assessment to determine the extent of abuse or neglect against the child and 43
the risk of future harm to the child. 44
(8) Establishing the frequency in which the RAMS team member and the county 45
social worker supervisor must meet during the family or investigative 46
assessment period. 47
(9) Establishing the documentation or information which must be provided to the 48
RAMS team during the family or investigative assessment period. 49
(10) Allowing the parent, guardian, or caretaker of the child who is subject to the 50
report of alleged abuse or neglect or their attorney to access all documentation 51
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provided to or generated by the RAMS team during and after the RAMS 1
team's involvement in the matter. 2
SECTION 2.(c) No later than 30 days after the rulemaking process is complete, the 3
Secretary of the North Carolina Department of Health and Human Service s or the Secretary's 4
designee shall submit to the United States Secretary of Health and Human Services or the U.S. 5
Secretary's designee for approval of the following: 6
(1) A draft of the proposed new rules outlined in subsection (b) of this section. 7
(2) Any proposed changes to the State plan necessitated by the proposed rules to 8
ensure there is no reduction or elimination of federal funding from any source. 9
SECTION 2.(d) The Social Services Commission shall initiate temporary and 10
permanent rulemaking within 30 days of this act becoming effective. 11
SECTION 2.(e) If the United States Secretary of Health and Human Services or the 12
U.S. Secretary's designee determines that any proposed rule, statute, or plan amendment 13
submitted under subsection (c) of this section would negatively impact federal funding provided 14
to North Carolina, then the proposed rules, statutes, and plan amendments submitted shall not 15
become effective. The North Carolina Secretary of Health and Human Services or the Secretary's 16
designee shall n otify the Social Services Commission and Rules Review Commission of the 17
United States Department of Health and Human Services' determination regarding the proposed 18
rules, statutes, and plan amendments submitted under subsection (c) of this section within f ive 19
days of receipt. 20
SECTION 2.(f) The Division shall report to the Joint Legislative Oversight 21
Committee on Health and Human Services, the chairs of the House Appropriations Committee 22
on Health and Human Services, the chairs of the Senate Appropriations Committee on Health 23
and Human Services, and the Joint Legislative Administrative Procedures Oversight Committee 24
by September 1, 2025, and each year thereafter, on the hiring, training, and oversight of the 25
RAMS program and, if applicable, the progress being made regarding the rulemaking process as 26
provided for in this section. A copy of all reports and plans submitted to the federal government 27
which includes information regarding the RAMS program shall be simultaneously provided to 28
the Joint Legislative Ove rsight Committee on Health and Human Services, the chairs of the 29
House Appropriations Committee on Health and Human Services, the chairs of the Senate 30
Appropriations Committee on Health and Human Services, and the Joint Legislative 31
Administrative Procedures Oversight Committee. 32
SECTION 2.(g) This section is effective when it becomes law. If approval by the 33
United States Secretary of Health and Human Services is not required for any State plan 34
amendments or for the proposed rules, the proposed rules shall become effective as provided for 35
in G.S. 150B-21.3. If approval by the United States Secretary of Health and Human Services is 36
required for the proposed rules created pursuant to subsection (a) of this section, or if any 37
amendments to the State plan are nec essary because of the proposed rules, the proposed rules 38
shall be effective on the first day of the month that follows the date that the Secretary of the North 39
Carolina Department of Health and Human Services receives notification of approval by the 40
United States Secretary of Health and Human Services and as provided for in G.S. 150B-21.3. 41
The Secretary of the North Carolina Department of Health and Human Services shall report to 42
the Revisor of Statutes the applicable effective date once known. 43
44
PART III. PRIVATE CAUSE OF ACTION 45
SECTION 3.(a) Part 1 of Article 3 of Chapter 143B of the General Statutes is 46
amended by adding a new section to read: 47
"§ 143B-138.1A. Private cause of action. 48
If the Secretary of the Department or the Secretary's designee takes any action or causes any 49
action to be taken against an individual through a program created, administered, supervised , or 50
funded by the Department that is operating without going through the required rulemaking 51
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process and the individual experiences a loss or harm, including court costs, attorneys' fees, and 1
other litigation costs, that individual shall have a private cause of action against the Department. 2
The individual must prevail on any claim to be eligible for an award of court costs, attorneys ' 3
fees, and other litigation costs." 4
SECTION 3.(b) This section becomes effective October 1, 2025, and is applicable 5
to actions taken by the Department on or after that date. 6
7
PART IV. EDUCATION A ND TRAINING REQUIREMENTS FOR COUNTY SOCI AL 8
SERVICES BOARD MEMBE RS, REGIONAL SOCIAL SERV ICES BOARD 9
MEMBERS, CONSOLIDATE D HUMAN SERVICES BOA RD MEMBERS, AND 10
COUNTY COMMISSIONERS 11
SECTION 4.(a) G.S. 108A-9 reads as rewritten: 12
"§ 108A-9. Duties and responsibilities. 13
The county board of social services shall have the following duties and responsibilities: 14
(1) To select the county director of social services according to the merit system 15
rules of the North Carolina Human Resources Commission;Commission. 16
(2) To advise county and municipal authorities in developing policies and pl ans 17
to improve the social conditions of the community;community. 18
(3) To consult with the director of social services about problems relating to his 19
office, and to assist him in planning budgets for the county department of 20
social services;services. 21
(4) To transmit or present the budgets of the county department of social services 22
for public assistance, social services, and administration to the board of county 23
commissioners;commissioners. 24
(4a) To attend education and training sessions provided for new board members 25
during the first year they serve on the board. 26
(5) To have such other duties and responsibilities as the General Assembly, the 27
Department of Health and Human Services or the Social Services Commission 28
or the board of county commissioners may assign to it." 29
SECTION 4.(b) G.S. 108A-15.8 reads as rewritten: 30
"§ 108A-15.8. Regional board of social services. 31
… 32
(m) All regional boards of social services members shall attend education and training 33
sessions provided for new board members during the first year they serve on the board." 34
SECTION 4.(c) The Department of Health and Human Services, Division of Social 35
Services, shall collabora te with key stakeholders, including the North Carolina Association of 36
County Boards of Social Services, the Association of North Carolina County Social Services 37
Directors, the North Carolina Association of County Commissioners, and the University of North 38
Carolina School of Government, to create formal education and training sessions for new county 39
board of social services members in accordance with G.S. 108A-9(4a), as enacted in subsection 40
(a) of this section, and G.S. 108A-15.8(m), as enacted in subsectio n (b) of this section. The 41
education and training sessions shall include a segment on the potential liabilities of the county 42
or regional board of social services. The education and training sessions shall be available 43
statewide by March 1, 2026. 44
SECTION 4.(d) G.S. 153A-77(d) reads as rewritten: 45
"§ 153A-77. Authority of boards of commissioners over commissions, boards, agencies, etc. 46
… 47
(d) The consolidated human services board shall have authority to: 48
(1) Set fees for departmental services based upon recommendations of the human 49
services director. Fees set under this subdivision are subject to the same 50
restrictions on amount and scope that would apply if the fees were set by a 51
General Assembly Of North Carolina Session 2025
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county board of health, a county board of social services, or a mental health, 1
developmental disabilities, and substance abuse area authority. 2
(2) Assure compliance with laws related to State and federal programs. 3
(3) Recommend creation of local human services programs. 4
(4) Adopt local health regulations and participate in enforcement appeals of local 5
regulations. 6
(5) Perform regulatory health functions required by State law. 7
(6) Act as coordinator or agent of the State to the extent required by State or 8
federal law. 9
(7) Plan and recommend a consolidated human services budget. 10
(8) Conduct audits and reviews of human services programs, including quality 11
assurance activities, as required by State and federal law or as may otherwise 12
be necessary periodically. 13
(9) Advise local officials through the county manager. 14
(10) Perform public relations and advocacy functions. 15
(11) Protect the public health to the extent required by law. 16
(12) Perform comprehensive mental health services planning if the county is 17
exercising the powers and duties of an area mental health, developmental 18
disabilities, and substance abuse services board under the consolidated human 19
services board. 20
(13) Develop dispute resolution procedures for human services contractors and 21
clients and public advocates, subject to applicable State and federal dispute 22
resolution procedures for human services programs, when applicable. 23
Except as otherwise provided, the consolidated human services board shall have the powers 24
and duties conferred by law upon a board of health, a social services board, and an area mental 25
health, developmental disabilities, and substance abuse services board. 26
All consolidated human services board members shall attend education and training sessions 27
provided for new board members during the first year they serve on the board. 28
Local employees who serve as staff o f a consolidated county human services agency are 29
subject to county personnel policies and ordinances only and are not subject to the provisions of 30
the North Carolina Human Resources Act, unless the county board of commissioners elects to 31
subject the local employees to the provisions of that Act. All consolidated county human services 32
agencies shall comply with all applicable federal laws, rules, and regulations requiring the 33
establishment of merit personnel systems." 34
SECTION 4.(e) The Divisions of Social Services, Public Health, and Mental Health, 35
Developmental Disabilities, and Substance Use Services of the Department of Health and Human 36
Services shall collaborate with key stakeholders, including the North Carolina Association of 37
County Boards of Social S ervices, the Association of North Carolina County Social Services 38
Directors, the North Carolina Association of County Commissioners, the Association of North 39
Carolina Boards of Health, the Commission for Mental Health, Developmental Disabilities, and 40
Substance Abuse Services, and the University of North Carolina School of Government, to create 41
formal education and training sessions for new consolidated human services board members in 42
accordance with G.S. 153A-77(d), as amended in subsection (d) of this sect ion. The education 43
and training sessions shall include a segment on the potential liabilities of the consolidated human 44
services board. The education and training sessions shall be available statewide by March 1, 45
2026. 46
SECTION 4.(f) Subsections (a), (b), and (d) of this section become effective March 47
1, 2026, and by March 1, 2027, all current county board of social services members must have 48
participated in the education and training sessions provided in G.S. 108A-9(4a), as enacted by 49
this act, all current regional board of social services members must have participated in the 50
education and training sessions provided in G.S. 108A-15.8(m), as enacted by this act, and all 51
General Assembly Of North Carolina Session 2025
House Bill 237-Second Edition Page 11
current consolidated human services board members must have participated in the education and 1
training sessions provided in G.S. 153A-77(d), as amended by this act. The remainder of this 2
section is effective when it becomes law. 3
4
PART V. CHILD SUPPORT TRIBUNAL STUDY BY THE ADMINISTRATIVE OFFICE 5
OF THE COURTS 6
SECTION 5. The Administrative Office of the Courts shall conduct a feasibility and 7
cost study of a proposed child support tribunal, with dedicated court officers to hear child support 8
matters, using quasi -judicial procedures. The study shall include, at a minimum, strategies to 9
address funding, staffing, and a plan for how the proposed changes will be implemented. The 10
Administrative Office of the Courts shall submit a report of its findings and recommendations to 11
the Joint Legislative Oversight Committee on Health and Human Services by May 1, 2026. 12
13
PART VI. CONFLICTS O F INTEREST WITHIN CO UNTY DEPARTMENTS OF 14
SOCIAL SERVICES 15
SECTION 6.(a) Part 2B of Article 1 of Chapter 108A of the General Statutes is 16
amended by adding a new section to read: 17
"§ 108A-15.16. Conflicts of interest. 18
When conflicts of interest arise in the provision of social services provided by county 19
departments of social ser vices, regional departments of social services, or consolidated human 20
services agencies, the office in which the conflict arose shall work expeditiously to resolve the 21
conflict consistent with applicable law and any policies and procedures established by the 22
Department of Health and Human Services. Policies and procedures shall address financial and 23
practice responsibilities associated with confl icts of interest. Upon identifying a conflict of 24
interest, the office in which the conflict arose shall notify the appropriate authority within the 25
Department of Health and Human Services of the conflict. The Department of Health and Human 26
Services shall have authority to make final decisions regarding conflicts of interest assignments 27
when disputes arise, with the regional office having initial authority when a dispute arises 28
between county departments of social services and consolidated human services agencies, unless 29
no regional office is available, then the central office , and the central office having initial 30
authority when disputes arise between regions . For purposes of this section, a "conflict of 31
interest" occurs when at least one of the following occurs: 32
(1) A county department of social services, regional department of social services, 33
or consolidated human services agency is not able to manage the adverse 34
interests of two individuals to whom the office owes a duty to serve. 35
(2) A preexisting relationship between an individual and a county that results in 36
a county department of social service s', regional department of social 37
services', or consolidated human services agency 's inability t o objectively 38
fulfill its statutory responsibilities. 39
(3) The provision of social services and duty owed by a county d epartment of 40
social services, regional department of social services, or consolidated human 41
services agency conflicts with services and the duty owed by another county 42
department of social services , regional department of social services, or 43
consolidated human services agency." 44
SECTION 6.(b) The Social Services Commission shall adopt rules regarding 45
conflicts of interest management, inclu ding establishing reasonable and specific time lines for 46
resolving conflicts of interest, and shall begin the rulemaking process within 30 days of this 47
section becoming law. 48
SECTION 6.(c) The Social Services Commission shall report to the Joint Legislative 49
Oversight Committee on Health and Human Services upon adopting rules pursuant to 50
General Assembly Of North Carolina Session 2025
Page 12 House Bill 237-Second Edition
G.S. 108A-15.16, as enacted in subsection (b) of this section, within 30 days of the adoption of 1
the rules. 2
3
PART VII. INTERIM ST UDY COMMITTEE TO REV IEW CHILD WELFARE 4
PROGRAMS, POLICIES, AND PROCEDURES AND R EVIEW NORTH CAROLINA 5
DEPARTMENT OF HEALTH AND HUMAN SERVICES' COMPLIANCE WITH 6
RULEMAKING REQUIREMENTS 7
SECTION 7.(a) The Joint Legislative Oversight Committee (Committee) on Health 8
and Human Services shall do all of the following: 9
(1) Study, evaluate, and make recommendations on the following: 10
a. Creating a Foster Ombudsman program, including review of House 11
Bill 665 from the 2023 -2024 biennium and House Bill 165 from the 12
current biennium, review of Foster Ombudsman p rograms and their 13
effectiveness in other states, including Maryland and Texas, and the 14
cost of implementing a Foster Ombudsman program in North 15
Carolina. 16
b. Working with churches and nonprofit/private organizations to provide 17
services and close gaps in services and needs of foster children, foster 18
families, kinship care providers, and to aid in keeping families 19
together, including Least of These, Safe Families for Children, and 20
Adoption-Share. 21
c. Requiring the North Carolina Department of Health and Human 22
Services (DHHS) to review all outstanding policies and guidance that 23
did not go through the proper rulemaking process and requiring DHHS 24
to do so. 25
d. Requiring foster parent and kinship care providers' participation in 26
court proceedings. 27
(2) Work with DHHS and county department of social services boards to create 28
more uniform standards regarding child welfare matters and make 29
recommendations based on this work. 30
(3) Follow up with DHHS for updated information on the work being done by the 31
Child Welfare and Fa mily Well-Being Transformation Team since its May 32
2022 interim report and make recommendations based on the information 33
provided. 34
(4) Follow up with DHHS regarding status of regional offices required under 35
Ryan's Law (S.L. 2017 -41) including services provi ded, and 36
recommendations for statewide, uniform standards in handling child welfare 37
matters and areas for improving the delivery of child welfare services and 38
make recommendations based on the information provided. 39
(5) Work with the Chief Justice of the Su preme Court and his team regarding 40
improvements to child welfare/foster/adoption cases, obtain any updates by 41
Chief Justice Newby's Task Force of Adverse Childhood Experience (ACE) 42
Informed Courts since the release of its final report in December 2023, and 43
make recommendations based on the information provided. 44
(6) Follow up with DHHS on the status of the development and implementation 45
of innovative Medicaid services to fill gaps in care for foster children with 46
behavioral health needs and a statewide traum a-informed standardized 47
assessment for foster cases, the status of the working group required to be 48
established under Section 9E.21 of S.L. 2023 -134, and make 49
recommendations based on the information provided. 50
General Assembly Of North Carolina Session 2025
House Bill 237-Second Edition Page 13
(7) Any other issues which the committee deems appropriate for the improvement 1
of the child welfare system. 2
SECTION 7.(b) The Committee shall report its findings and any legislative 3
recommendations to the 2026 Regular Session of the 2025 General Assembly prior to its 4
convening. 5
6
PART VIII. EFFECTIVE DATE 7
SECTION 8. Except as otherwise provided, this act is effective when it becomes 8
law. 9