NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 151

HOUSE BILL 363

 

 

AN ACT TO FURTHER AMEND CHAPTER 1293 OF THE 1973 SESSION LAWS (2ND SESSION, 1974) TO PROVIDE FOR THE ASSIGNMENT OF SURROGATE PARENTS FOR PURPOSES OF RIGHT OF APPEAL.

 

Whereas, Public Law 93-380 (The Education Amendments of 1974) requires the State to protect the rights of a child when the parents or guardians are not known, unavailable, or the child is a ward of the State including the assignment of an individual to act as a surrogate for the parent or guardian; Now, therefore,

 

The General Assembly of North Carolina enacts:

 

Section 1.  Delete all of the first paragraph of Section 10 and rewrite as follows:

"Sec. 10.  Right of Appeal. A child, his parent, his guardian, or his surrogate parent (in the case of a child whose parent or guardian is unknown or unavailable or in the case of a child who is a ward of the State) may obtain review as herein provided of an action or omission by State or local authorities on the ground that the child has been or is about to be:"

Sec. 2.  Insert a new paragraph after Section 10(1)(c) to read as follows:

"(2)      A surrogate parent may not be an employee of the State or any local government educational or human resources agency responsible for or involved in the education or care of the child. In the case of an appeal from action or omission by the State or local government education agency the surrogate parent shall be appointed from a group of people selected by the Superintendent of Public Instruction, and in the case of an appeal from an action or omission by the State or a local government human resources agency from a group of people selected by the Secretary of the Department of Human Resources. Both the Superintendent and the Secretary shall upon ratification of this act establish procedures, pursuant to their powers under Section 10(6) of this act, to ensure that every child in need of a surrogate parent is provided with one. The surrogate parent shall represent the child in the appeal and subsequent proceedings arising therefrom."

Sec. 3.  Renumber old Section 10(2) to (3) and each subsequent number thereafter.

Sec. 4.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 21st day of April, 1975.