GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-304
SENATE BILL 421
AN ACT to clarify and make technical corrections to the child welfare laws and to enhance the state's ability to protect children.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7B-407 reads as rewritten:
"§ 7B-407. Service of summons.
The summons shall be personally served under G.S.
1A-1, Rule 4(j) upon the parent, guardian, custodian, or caretaker, not
less than five days prior to the date of the scheduled hearing. The time for
service may be waived in the discretion of the court.
If the parent, guardian, custodian, or caretaker entitled to
receive a summons cannot be found by a diligent effort, the court may authorize
service of the summons and petition by mail or by publication.
publication under G.S. 1A-1, Rule 4(j1). The cost of the service by
publication shall be advanced by the petitioner and may be charged as court
costs as the court may direct.
If the parent, guardian, custodian, or caretaker is personally
served as herein provided and fails without reasonable cause to appear and to
bring the juvenile before the court, the parent, guardian, custodian, or
caretaker may be proceeded against as for contempt of court."
SECTION 2. G.S. 7B-1109(d) reads as rewritten:
"(d) The court may for
good cause shown continue the hearing for such time as is required for
receiving up to 90 days from the date of the initial petition in order
to receive additional evidence, evidence including any reports
or assessments which that the court has requested, to allow
the parties to conduct expeditious discovery, or any to receive
any other information needed in the best interests of the juvenile. Continuances
that extend beyond 90 days after the initial petition shall be granted only in
extraordinary circumstances when necessary for the proper administration of
justice, and the court shall issue a written order stating the grounds for
granting the continuance."
SECTION 3. G.S. 115C-378 reads as rewritten:
"§ 115C-378. Children required to attend.
Every parent, guardian or other person in this State having charge or control of a child between the ages of seven and 16 years shall cause such child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session. Every parent, guardian, or other person in this State having charge or control of a child under age seven who is enrolled in a public school in grades kindergarten through two shall also cause such child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session unless the child has withdrawn from school. No person shall encourage, entice or counsel any such child to be unlawfully absent from school. The parent, guardian, or custodian of a child shall notify the school of the reason for each known absence of the child, in accordance with local school policy.
The principal, superintendent, or teacher who is in charge of
such school shall have the right to excuse a child temporarily from attendance
on account of sickness or other unavoidable cause which that does
not constitute unlawful absence as defined by the State Board of Education. The
term "school" as used herein is defined to embrace all public schools
and such nonpublic schools as have teachers and curricula that are approved by
the State Board of Education.
All nonpublic schools receiving and instructing children of a compulsory school age shall be required to keep such records of attendance and render such reports of the attendance of such children and maintain such minimum curriculum standards as are required of public schools; and attendance upon such schools, if the school refuses or neglects to keep such records or to render such reports, shall not be accepted in lieu of attendance upon the public school of the district to which the child shall be assigned: Provided, that instruction in a nonpublic school shall not be regarded as meeting the requirements of the law unless the courses of instruction run concurrently with the term of the public school in the district and extend for at least as long a term.
The principal or his designee shall notify the parent, guardian, or custodian of his child's excessive absences after the child has accumulated three unexcused absences in a school year. After not more than six unexcused absences, the principal shall notify the parent, guardian, or custodian by mail that he may be in violation of the Compulsory Attendance Law and may be prosecuted if the absences cannot be justified under the established attendance policies of the State and local boards of education. Once the parents are notified, the school attendance counselor shall work with the child and his family to analyze the causes of the absences and determine steps, including adjustment of the school program or obtaining supplemental services, to eliminate the problem. The attendance counselor may request that a law-enforcement officer accompany him if he believes that a home visit is necessary.
After 10 accumulated unexcused absences in a school year year,
the principal shall review any report or investigation prepared under G.S.
115C-381 and shall confer with the student and his the student's parent,
guardian, or custodian custodian, if possible possible,
to determine whether the parent, guardian, or custodian has received
notification pursuant to this section and made a good faith effort to comply
with the law. If the principal determines that the parent, guardian, or
custodian has not, not made a good faith effort to comply with the
law, he the principal shall notify the district attorney.attorney
and the director of social services of the county where the child resides. If
he the principal determines that the parent, guardian, or
custodian has, has made a good faith effort to comply with the law, he
the principal may file a complaint with the juvenile court counselor
pursuant to Chapter 7B of the General Statutes that the child is habitually
absent from school without a valid excuse. Evidence that shows that the
parents, guardian, or custodian were notified and that the child has
accumulated 10 absences which cannot be justified under the established
attendance policies of the local board shall establish a prima facie case that
the child's parent, guardian, or custodian is responsible for the absences. Upon
receiving notification by the principal, the director of social services shall
determine whether to undertake an investigation under G.S. 7B-302."
SECTION 4. G.S. 131D-10.3A(b) reads as rewritten:
"(b) The Department shall
ensure that all individuals who are required to be checked pursuant to
subsection (a) of this section are checked annually upon relicensure for
county and State criminal histories."
SECTION 4.1. G.S. 7B-302 is amended by adding a new subsection (h) to read:
"(h) The director or the director's representative may not enter a private residence for investigation purposes without at least one of the following:
(1) The reasonable belief that a juvenile is in imminent danger of death or serious physical injury.
(2) The permission of the parent or person responsible for the juvenile's care.
(3) The accompaniment of a law enforcement officer who has legal authority to enter the residence.
(4) An order from a court of competent jurisdiction."
SECTION 4.2. G.S. 131D-10.6A(b) reads as rewritten:
"(b) (See Editor's Note) The Division of Social Services shall establish minimum training requirements for child welfare services staff. The minimum training requirements established by the Division are as follows:
(1) Child welfare services workers shall complete a minimum of 72 hours of preservice training before assuming direct client contact responsibilities. In completing this requirement, the Division of Social Services shall ensure that each child welfare worker receives training on family centered practices and State and federal law regarding the basic rights of individuals relevant to the provision of child welfare services, including the right to privacy, freedom from duress and coercion to induce cooperation, and the right to parent.
(2) Child protective services workers shall complete a minimum of 18 hours of additional training that the Division of Social Services determines is necessary to adequately meet training needs.
(3) Foster care and adoption workers shall complete a minimum of 39 hours of additional training that the Division of Social Services determines is necessary to adequately meet training needs.
(4) Child welfare services supervisors shall complete a minimum of 72 hours of preservice training before assuming supervisory responsibilities and a minimum of 54 hours of additional training that the Division of Social Services determines is necessary to adequately meet training needs.
(5) Child welfare services staff shall complete 24 hours of continuing education annually. In completing this requirement, the Division of Social Services shall provide each child welfare services staff member with annual update information on family centered practices and State and federal law regarding the basic rights of individuals relevant to the provision of child welfare services, including the right to privacy, freedom from duress and coercion to induce cooperation, and the right to parent.
The Division of Social Services may grant an exception in whole or in part to the requirement under subdivision (1) of this subsection to child welfare workers who satisfactorily complete or are enrolled in a masters or bachelors program after July 1, 1999, from a North Carolina social work program accredited pursuant to the Council on Social Work Education. The program's curricula must cover the specific preservice training requirements as established by the Division of Social Services.
The Division of Social Services shall ensure that training opportunities are available for county departments of social services and consolidated human service agencies to meet the training requirements of this subsection."
SECTION 5. Chapter 131D of the General Statutes is amended by adding a new section to read:
"§ 131D-10.6C. Maintaining a register of applicants by the Division of Social Services.
(a) The Division of Social Services shall keep a register of all family foster and therapeutic foster home applicants. The register shall contain the following information:
(1) The name, age, and address of each applicant.
(2) The date of the application.
(3) The applicant's supervising agency.
(4) Any mandated training completed by the applicant and the dates of training.
(5) Whether the applicant was licensed and the date of the initial licensure.
(6) The current licensing period.
(7) Any adverse licensing actions.
(8) Any other information deemed necessary by the Division of Social Services.
(b) The register shall be a public record under Chapter 132 of the General Statutes. Information not specified in subsection (a) of this section shall be considered confidential and not subject to disclosure."
SECTION 6. G.S. 143B-150.20(d) reads as rewritten:
"(d) The State Child Fatality Review Team shall have access to all medical records, hospital records, and records maintained by this State, any county, or any local agency as necessary to carry out the purposes of this subsection, including police investigative data, medical examiner investigative data, health records, mental health records, and social services records. The State Child Fatality Review Team may receive a copy of any reviewed materials necessary to the conduct of the fatality review. Any member of the State Child Fatality Review Team may share, only in an official meeting of the State Child Fatality Review Team, any information available to that member that the State Child Fatality Review Team needs to carry out its duties.
If the State Child Fatality Review Team does not receive information requested under this subsection within 30 days after making the request, the State Child Fatality Review Team may apply for an order compelling disclosure. The application shall state the factors supporting the need for an order compelling disclosure. The State Child Fatality Review Team shall file the application in the district court of the county where the investigation is being conducted, and the court shall have jurisdiction to issue any orders compelling disclosure. Actions brought under this section shall be scheduled for immediate hearing, and subsequent proceedings in these actions shall be given priority by the appellate courts."
SECTION 7. G.S. 153A-257 is amended by adding a new subsection to read:
"(d) If two or more county departments of social services disagree regarding the legal residence of a minor in a child abuse, neglect, or dependency case, any one of the county departments of social services may refer the issue to the Department of Health and Human Services, Division of Social Services, for resolution. The Director of the Division of Social Services or the Director's designee shall review the pertinent background facts of the case and shall determine which county department of social services shall be responsible for providing protective services and financial support for the minor in question."
SECTION 7.1. The Division of Social Services shall ensure that each currently employed child welfare worker receives training on family centered practices and State and federal law regarding the basic rights of individuals relevant to the provision of child welfare services, including the right to privacy, freedom from duress and coercion to induce cooperation, and the right to parent.
SECTION 7.2. The Division shall report to the Chairs of the Senate and House Appropriations Committees and the Chairs of the Senate Health and Human Services Appropriations Subcommittee and the House of Representatives Appropriations Subcommittee on Health and Human Services by April 1, 2004, regarding the additional training required in Sections 4.2 and 7.1 of this act.
SECTION 8. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 25th day of June, 2003.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 4:51 p.m. this 4th day of July, 2003