Bill Text: NC H637 | 2011-2012 | Regular Session | Amended
Bill Title: Adoption Law Changes
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-06-11 - Ch. SL 2012-16 [H637 Detail]
Download: North_Carolina-2011-H637-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 3
HOUSE BILL 637
Committee Substitute Favorable 4/20/11
Senate Judiciary II Committee Substitute Adopted 5/29/12
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Short Title: Adoption Law Changes. |
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Sponsors: |
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Referred to: |
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April 6, 2011
A BILL TO BE ENTITLED
AN ACT to amend the laws applicable to adoptions, as recommended by the North carolina bar association.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 48‑2‑302(a) is repealed.
SECTION 2. G.S. 48‑2‑304(a)(6) reads as rewritten:
"(6) A If the adoptee is a minor or an
adult who has been adjudicated incompetent, a description and estimate of
the value of any property of the adoptee."
SECTION 3. G.S. 48‑2‑401(a) reads as rewritten:
"(a) No later than 30 days after a petition for
adoption is filed pursuant to Part 3 of this Article, the petitioner shall initiate
service ofserve notice of the filing on the persons required to
receive notice under subsections (b), (c), and (d) of this section."
SECTION 4. G.S. 48‑3‑205(d) reads as rewritten:
"(d) The Division shall develop and make available forms designed to collect the information described in subsection (a) of this section. However, forms reasonably equivalent to those provided by the Division may be substituted."
SECTION 5. G.S. 48‑3‑303(c)(12) reads as rewritten:
"(12) The agency preparing the preplacement assessment may redact from the preplacement assessment provided to a placing parent or guardian detailed information reflecting the prospective adoptive parent's income and financial account balances and social security numbers, and detailed information about the prospective adoptive parent's extended family members, including surnames, names of employers, names of schools attended, social security numbers, telephone numbers and addresses, and other similarly detailed information about extended family members obtained under subsections (b) and (c) of this section."
SECTION 6. G.S. 48‑3‑602 reads as rewritten:
"§ 48‑3‑602. Consent of incompetent parents.
If a parent as described in G.S. 48‑3‑601
has been adjudicated incompetent, then the court shall appoint a guardian ad
litem for that parent and, unless the child already has a guardian, a guardian
ad litem for the child to make a full investigation as to whether the adoption
should proceed. The investigation shall include an evaluation of the parent's
current condition and any reasonable likelihood that the parent will be
restored to competency, the relationship between the child and the incompetent
parent, alternatives to adoption, and any other relevant fact or circumstance.
If the court determines after a hearing on the matter that it will be in the
best interest of the child for the adoption to proceed, the court shall order
the guardian ad litem of the parent to execute a consent for that parent.parent
a consent as provided in this Part or a relinquishment as provided in Part 7 of
this Article."
SECTION 7. G.S. 48‑3‑608(b) reads as rewritten:
"(b) In a direct placement, if:
(1) A preplacement assessment is required, and
(2) Placement occurs before the preplacement assessment is given to the parent or guardian who is placing the minor,
then that individual's time under subsection (a) of this section to revoke any consent previously given shall be either five business days after the date the individual receives the preplacement assessment prepared substantially in conformance with the requirements of G.S. 48‑3‑303, or the remainder of the time provided in subsection (a) of this section, whichever is longer. The date of receipt is the earlier of the date of actual receipt or the date established pursuant to G.S. 48‑3‑307."
SECTION 8. G.S. 48‑3‑707(a) reads as rewritten:
"(a) A relinquishment shall become void if:if
any of the following occur:
(1) Before the entry of the adoption decree, the individual who executed the relinquishment establishes by clear and convincing evidence that it was obtained by fraud or duress.
(2) Before placement with a prospective adoptive parent occurs, the agency and the person relinquishing the minor agree to rescind the relinquishment.
(3) After placement with a prospective adoptive parent occurs, but before the entry of the adoption decree, the agency, the person relinquishing the minor, and the prospective adoptive parent agree to rescind the relinquishment."
SECTION 9. G.S. 48‑9‑109(1) reads as rewritten:
"(1) An employee of a court, agency, or any other person from:
a. Inspecting permanent, confidential, or sealed records, other than records maintained by the State Registrar, for the purpose of discharging any obligation under this Chapter.
b. Disclosing the name of the court where a proceeding for adoption occurred, or the name of an agency that placed an adoptee, to an individual described in G.S. 48‑9‑104(a) who can verify his or her identity.
c. Disclosing or using information contained in permanent and sealed records, other than records maintained by the State Registrar, for statistical or other research purposes as long as the disclosure will not result in identification of a person who is the subject of the information and subject to any further conditions the Department may reasonably impose."
SECTION 10. This act becomes effective October 1, 2012, and applies to actions filed on or after that date.
