A BILL TO BE ENTITLED
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:
PART 1.	MULTIPLE RESPONSE SYSTEM
PART 2.	SERVICE OF SUMMONS
PART 3.	CONTINUANCES FOR TERMINATION OF PARENTAL RIGHTS
PART 4.	AFFIDAVIT OF PARENTAGE AND AGREEMENT TO SUPPORT
PART 5.	CHILDREN REQUIRED TO ATTEND SCHOOL
PART 6.	MAINTAINING REGISTER OF FOSTER PARENT APPLICANTS
PART 7.	STATE CHILD FATALITY REVIEW TEAM
PART 8.	RESIDENCY
PART 9.	EFFECTIVE DATE

PART 1.	MULTIPLE RESPONSE SYSTEM
SECTION 1.1.  G.S. 7B‑101 reads as rewritten:
"§ 7B‑101.  Definitions.
As used in this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings:
(1)	Abused juveniles. – Any juvenile less than 18 years of age whose parent, guardian, custodian, or caretaker:
a.	Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means;
b.	Creates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means;
c.	Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior;
d.	Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile: first‑degree rape, as provided in G.S. 14‑27.2; second degree rape as provided in G.S. 14‑27.3; first‑degree sexual offense, as provided in G.S. 14‑27.4; second degree sexual offense, as provided in G.S. 14‑27.5; sexual act by a custodian, as provided in G.S. 14‑27.7; crime against nature, as provided in G.S. 14‑177; incest, as provided in G.S. 14‑178 and G.S. 14‑179; preparation of obscene photographs, slides, or motion pictures of the juvenile, as provided in G.S. 14‑190.5; employing or permitting the juvenile to assist in a violation of the obscenity laws as provided in G.S. 14‑190.6; dissemination of obscene material to the juvenile as provided in G.S. 14‑190.7 and G.S. 14‑190.8; displaying or disseminating material harmful to the juvenile as provided in G.S. 14‑190.14 and G.S. 14‑190.15; first and second degree sexual exploitation of the juvenile as provided in G.S. 14‑190.16 and G.S. 14‑190.17; promoting the prostitution of the juvenile as provided in G.S. 14‑190.18; and taking indecent liberties with the juvenile, as provided in G.S. 14-202.1;
e.	Creates or allows to be created serious emotional damage to the juvenile; serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others; or
f.	Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile.
(2)	Aggravated circumstances. – Any circumstance attending to the commission of an act of abuse or neglect which increases its enormity or adds to its injurious consequences, including, but not limited to, abandonment, torture, chronic abuse, or sexual abuse.
(3)	Caretaker. – Any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a juvenile in a residential setting. A person responsible for a juvenile's health and welfare means a stepparent, foster parent, an adult member of the juvenile's household, an adult relative entrusted with the juvenile's care, any person such as a house parent or cottage parent who has primary responsibility for supervising a juvenile's health and welfare in a residential child care facility or residential educational facility, or any employee or volunteer of a division, institution, or school operated by the Department of Health and Human Services. "Caretaker" also means any person who has the responsibility for the care of a juvenile in a child care facility as defined in Article 7 of Chapter 110 of the General Statutes and includes any person who has the approval of the care provider to assume responsibility for the juveniles under the care of the care provider. Nothing in this subdivision shall be construed to impose a legal duty of support under Chapter 50 or Chapter 110 of the General Statutes. The duty imposed upon a caretaker as defined in this subdivision shall be for the purpose of this Subchapter only.
(4)	Clerk. – Any clerk of superior court, acting clerk, or assistant or deputy clerk.
(5)	Community‑based program. – A program providing nonresidential or residential treatment to a juvenile in the community where the juvenile's family lives. A community‑based program may include specialized foster care, family counseling, shelter care, and other appropriate treatment.
(6)	Court. – The district court division of the General Court of Justice.
(7)	Court of competent jurisdiction. – A court having the power and authority of law to act at the time of acting over the subject matter of the cause.
(7a)	"Criminal history" means a local, State, or federal criminal history of conviction or pending indictment of a crime, whether a misdemeanor or a felony, involving violence against a person.
(8)	Custodian. – The person or agency that has been awarded legal custody of a juvenile by a court or a person, other than parents or legal guardian, who has assumed the status and obligation of a parent without being awarded the legal custody of a juvenile by a court.
(9)	Dependent juvenile. – A juvenile in need of assistance or placement because the juvenile has no parent, guardian, or custodian responsible for the juvenile's care or supervision or whose parent, guardian, or custodian is unable to provide for the care or supervision and lacks an appropriate alternative child care arrangement.
(10)	Director. – The director of the county department of social services in the county in which the juvenile resides or is found, or the director's representative as authorized in G.S. 108A‑14.
(11)	District. – Any district court district as established by G.S. 7A‑133.
(11a)	Family assessment response. – A response to allegations of child neglect and dependency using a family-centered approach that is prevention oriented and addresses current and future harm to the child, the family's strengths and needs, and the reported allegations.
(11b)	Investigative assessment response. – A response to allegations of child abuse and selected reports of child maltreatment using a formal information gathering process to determine whether the abuse or maltreatment has occurred and to provide necessary services to prevent further abuse or maltreatment.(12)	Judge. – Any district court judge.
(13)	Judicial district. – Any district court district as established by G.S. 7A‑133.
(14)	Juvenile. – A person who has not reached the person's eighteenth birthday and is not married, emancipated, or a member of the armed forces of the United States. The term 'juvenile' as used in reference to rights and privileges includes the attorney for the juvenile.
(14a)	Multiple Response System. – A system of response to allegations of child abuse, neglect, or dependency where county departments of social services handle selected reports using either a family assessment response or an investigative assessment response.
(15)	Neglected juvenile. – A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care; or who is not provided necessary remedial care; or who lives in an environment injurious to the juvenile's welfare; or who has been placed for care or adoption in violation of law. In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has died as a result of suspected abuse or neglect or lives in a home where another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the home.
(16)	Petitioner. – The individual who initiates court action, whether by the filing of a petition or of a motion for review alleging the matter for adjudication.
(17)	Prosecutor. – The district attorney or assistant district attorney assigned by the district attorney to juvenile proceedings.
(18)	Reasonable efforts. – The diligent use of preventive or reunification services by a department of social services when a juvenile's remaining at home or returning home is consistent with achieving a safe, permanent home for the juvenile within a reasonable period of time. If a court of competent jurisdiction determines that the juvenile is not to be returned home, then reasonable efforts means the diligent and timely use of permanency planning services by a department of social services to develop and implement a permanent plan for the juvenile.
(19)	Safe home. – A home in which the juvenile is not at substantial risk of physical or emotional abuse or neglect.
(20)	Shelter care. – The temporary care of a juvenile in a physically unrestricting facility pending court disposition.
The singular includes the plural, the masculine singular includes the feminine singular and masculine and feminine plural unless otherwise specified."
SECTION 1.2.  G.S. 7B‑300 reads as rewritten:
"§ 7B‑300.  Protective services.
The director of the department of social services in each county of the State shall establish protective services for juveniles alleged to be abused, neglected, or dependent.
Protective services shall include the assessment and screening of complaints, casework, or other counseling services to parents, guardians, or other caretakers as provided by the director to help the parents, guardians, or other caretakers and the court to prevent abuse or neglect, to improve the quality of child care, to be more adequate parents, guardians, or caretakers, and to preserve and stabilize family life.
The provisions of this Article shall also apply to child care facilities as defined in G.S. 110‑86."
SECTION 1.3.  G.S. 7B‑301 reads as rewritten:
"§ 7B‑301.  Duty to report abuse, neglect, dependency, or death due to maltreatment.
Any person or institution who has cause to suspect that any juvenile is abused, neglected, or dependent, as defined by G.S. 7B‑101, or has died as the result of maltreatment, shall report the case of that juvenile to the director of the department of social services in the county where the juvenile resides or is found. The report may be made orally, by telephone, or in writing. The report shall include information as is known to the person making it including the name and address of the juvenile; the name and address of the juvenile's parent, guardian, or caretaker; the age of the juvenile; the names and ages of other juveniles in the home; the present whereabouts of the juvenile if not at the home address; the nature and extent of any injury or condition resulting from abuse, neglect, or dependency; and any other information which the person making the report believes might be helpful in establishing the need for protective services or court intervention. If the report is made orally or by telephone, the person making the report shall give the person's name, address, and telephone number. Refusal of the person making the report to give a name shall not preclude the department's assessment of the alleged abuse, neglect, dependency, or death as a result of maltreatment.
Upon receipt of any report of sexual abuse of the juvenile in a child care facility, the director shall notify the State Bureau of Investigation within 24 hours or on the next workday. If sexual abuse in a child care facility is not alleged in the initial report, but during the course of the assessment there is reason to suspect that sexual abuse has occurred, the director shall immediately notify the State Bureau of Investigation. Upon notification that sexual abuse may have occurred in a child care facility, the State Bureau of Investigation may form a task force to investigate the report."
SECTION 1.4.  G.S. 7B‑302 reads as rewritten:
"§ 7B‑302.  Assessment by director; access to confidential information; notification of person making the report.
(a)	When a report of abuse, neglect, or dependency is received, the director of the department of social services shall make a prompt and thorough assessment, using either a family assessment response or an investigative assessment response, in order to ascertain the facts of the case, the extent of the abuse or neglect, and the risk of harm to the juvenile, in order to determine whether protective services should be provided or the complaint filed as a petition. When the report alleges abuse, the director shall immediately, but no later than 24 hours after receipt of the report, initiate the  assessment. When the report alleges neglect or dependency, the director shall initiate the assessment within 72 hours following receipt of the report. When the report alleges abandonment, the director shall immediately initiate an investigation, take appropriate steps to assume temporary custody of the juvenile, and take appropriate steps to secure an order for nonsecure custody of the juvenile. The assessment and evaluation shall include a visit to the place where the juvenile resides. When the report alleges abandonment, the investigation shall include a request from the director to law enforcement officials to investigate through the North Carolina Center for Missing Persons and other national and State resources whether the juvenile is a missing child. All information received by the department of social services, including the identity of the reporter, shall be held in strictest confidence by the department.
(b)	When a report of a juvenile's death as a result of suspected maltreatment or a report of suspected abuse, neglect, or dependency of a juvenile in a noninstitutional setting is received, the director of the department of social services shall immediately ascertain if other juveniles live in the home, and, if so, initiate an assessment in order to determine whether they require protective services or whether immediate removal of the juveniles from the home is necessary for their protection. When a report of a juvenile's death as a result of maltreatment or a report of suspected abuse, neglect, or dependency of a juvenile in an institutional setting such as a residential child care facility or residential educational facility is received, the director of the department of social services shall immediately ascertain if other juveniles remain in the facility subject to the alleged perpetrator's care or supervision, and, if so, assess the circumstances of those juveniles in order to determine whether they require protective services or whether immediate removal of those juveniles from the facility is necessary for their protection.
(c)	If the assessment indicates that abuse, neglect, or dependency has occurred, the director shall decide whether immediate removal of the juvenile or any other juveniles in the home is necessary for their protection. If immediate removal does not seem necessary, the director shall immediately provide or arrange for protective services. If the parent, guardian, custodian, or caretaker refuses to accept the protective services provided or arranged by the director, the director shall sign a complaint seeking to invoke the jurisdiction of the court for the protection of the juvenile or juveniles.
(d)	If immediate removal seems necessary for the protection of the juvenile or other juveniles in the home, the director shall sign a complaint which alleges the applicable facts to invoke the jurisdiction of the court. Where the assessment shows that it is warranted, a protective services worker may assume temporary custody of the juvenile for the juvenile's protection pursuant to Article 5 of this Chapter.
(d1)	Whenever a juvenile is removed from the home of a parent, guardian, custodian, stepparent, or adult relative entrusted with the juvenile's care due to physical abuse, the director shall conduct a thorough review of the background of the alleged abuser or abusers. This review shall include a criminal history check and a review of any available mental health records. If the review reveals that the alleged abuser or abusers have a history of violent behavior against people, the director shall petition the court to order the alleged abuser or abusers to submit to a complete mental health evaluation by a licensed psychologist or psychiatrist.
(e)	In performing any duties related to the assessment of the report or the provision or arrangement for protective services, the director may consult with any public or private agencies or individuals, including the available State or local law enforcement officers who shall assist in the assessment and evaluation of the seriousness of any report of abuse, neglect, or dependency when requested by the director. The director or the director's representative may make a written demand for any information or reports, whether or not confidential, that may in the director's opinion be relevant to the assessment of or the provision of protective services. Upon the director's or the director's representative's request and unless protected by the attorney‑client privilege, any public or private agency or individual shall provide access to and copies of this confidential information and these records to the extent permitted by federal law and regulations. If a custodian of criminal investigative information or records believes that release of the information will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation, it may seek an order from a court of competent jurisdiction to prevent disclosure of the information. In such an action, the custodian of the records shall have the burden of showing by a preponderance of the evidence that disclosure of the information in question will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation. Actions brought pursuant to this paragraph shall be set down for immediate hearing, and subsequent proceedings in the actions shall be accorded priority by the trial and appellate courts.
(f)	Within five working days after receipt of the report of abuse, neglect, or dependency, the director shall give written notice to the person making the report, unless requested by that person not to give notice, as to whether the report was accepted for assessment and whether the report was referred to the appropriate State or local law enforcement agency.
(g)	Within five working days after completion of the protective services assessment, the director shall give subsequent written notice to the person making the report, unless requested by that person not to give notice, as to whether there is a finding of abuse, neglect, or dependency, whether the county department of social services is taking action to protect the juvenile, and what action it is taking, including whether or not a petition was filed. The person making the report shall be informed of procedures necessary to request a review by the prosecutor of the director's decision not to file a petition. A request for review by the prosecutor shall be made within five working days of receipt of the second notification. The second notification shall include notice that, if the person making the report is not satisfied with the director's decision, the person may request review of the decision by the prosecutor within five working days of receipt. The person making the report may waive the person's right to this notification, and no notification is required if the person making the report does not identify himself to the director."
SECTION 1.5.  G.S. 7B‑303 reads as rewritten:
"§ 7B‑303.  Interference with assessment.
(a)	If any person obstructs or interferes with an assessment required by G.S. 7B‑302, the director may file a petition naming said person as respondent and requesting an order directing the respondent to cease such obstruction or interference. The petition shall contain the name and date of birth and address of the juvenile who is the subject of the assessment, shall specifically describe the conduct alleged to constitute obstruction of or interference with the assessment, and shall be verified.
(b)	For purposes of this section, obstruction of or interference with an assessment means refusing to disclose the whereabouts of the juvenile, refusing to allow the director to have personal access to the juvenile, refusing to allow the director to observe or interview the juvenile in private, refusing to allow the director access to confidential information and records upon request pursuant to G.S. 7B‑302, refusing to allow the director to arrange for an evaluation of the juvenile by a physician or other expert, or other conduct that makes it impossible for the director to carry out the duty to assess the juvenile's condition.
(c)	Upon filing of the petition, the court shall schedule a hearing to be held not less than five days after service of the petition and summons on the respondent. Service of the petition and summons and notice of hearing shall be made as provided by the Rules of Civil Procedure on the respondent; the juvenile's parent, guardian, custodian, or caretaker; and any other person determined by the court to be a necessary party. If at the hearing on the petition the court finds by clear, cogent, and convincing evidence that the respondent, without lawful excuse, has obstructed or interfered with an assessment required by G.S. 7B‑302, the court may order the respondent to cease such obstruction or interference. The burden of proof shall be on the petitioner.
(d)	If the director has reason to believe that the juvenile is in need of immediate protection or assistance, the director shall so allege in the petition and may seek an ex parte order from the court. If the court, from the verified petition and any inquiry the court makes of the director, finds probable cause to believe both that the juvenile is at risk of immediate harm and that the respondent is obstructing or interfering with the director's ability to assess the juvenile's condition, the court may enter an ex parte order directing the respondent to cease such obstruction or interference. The order shall be limited to provisions necessary to enable the director to conduct an assessment sufficient to determine whether the juvenile is in need of immediate protection or assistance. Within 10 days after the entry of an ex parte order under this subsection, a hearing shall be held to determine whether there is good cause for the continuation of the order or the entry of a different order. An order entered under this subsection shall be served on the respondent along with a copy of the petition, summons, and notice of hearing.
(e)	The director may be required at a hearing under this section to reveal the identity of any person who made a report of suspected abuse, neglect, or dependency as required by G.S. 7B‑301.
(f)	An order entered pursuant to this section is enforceable by civil or criminal contempt as provided in Chapter 5A of the General Statutes."
SECTION 1.6.  G.S. 7B‑305 reads as rewritten:
"§ 7B‑305.  Request for review by prosecutor.
The person making the report shall have five working days, from receipt of the decision of the director of the department of social services not to petition the court, to notify the prosecutor that the person is requesting a review. The prosecutor shall notify the person making the report and the director of the time and place for the review, and the director shall immediately transmit to the prosecutor a copy of a summary of the assessment."
SECTION 1.7.  G.S. 7B‑307 reads as rewritten:
"§ 7B‑307.  Duty of director to report evidence of abuse, neglect; investigation by local law enforcement; notification of Department of Health and Human Services and State Bureau of Investigation.
(a)	If the director finds evidence that a juvenile may have been abused as defined by G.S. 7B‑101, the director shall make an immediate oral and subsequent written report of the findings to the district attorney or the district attorney's designee and the appropriate local law enforcement agency within 48 hours after receipt of the report. The local law enforcement agency shall immediately, but no later than 48 hours after receipt of the information, initiate and coordinate a criminal investigation with the protective services assessment being conducted by the county department of social services. Upon completion of the investigation, the district attorney shall determine whether criminal prosecution is appropriate and may request the director or the director's designee to appear before a magistrate.
If the director receives information that a juvenile may have been physically harmed in violation of any criminal statute by any person other than the juvenile's parent, guardian, custodian, or caretaker, the director shall make an immediate oral and subsequent written report of that information to the district attorney or the district attorney's designee and to the appropriate local law enforcement agency within 48 hours after receipt of the information. The local law enforcement agency shall immediately, but no later than 48 hours after receipt of the information, initiate a criminal investigation. Upon completion of the investigation, the district attorney shall determine whether criminal prosecution is appropriate.
If the report received pursuant to G.S. 7B‑301 involves abuse or neglect of a juvenile in child care, the director shall notify the Department of Health and Human Services within 24 hours or on the next working day of receipt of the report.
(b)	If the director finds evidence that a juvenile has been abused or neglected as defined by G.S. 7B‑101 in a child care facility, the director shall immediately so notify the Department of Health and Human Services and, in the case of sexual abuse, the State Bureau of Investigation, in such a way as does not violate the law guaranteeing the confidentiality of the records of the department of social services.
(c)	Upon completion of the assessment, the director shall give the Department written notification of the results of the investigation required by G.S. 7B‑302. Upon completion of an assessment of sexual abuse in a child care facility, the director shall also make written notification of the results of the assessment to the State Bureau of Investigation.
The director of the department of social services shall submit a report of alleged abuse, neglect, or dependency cases or child fatalities that are the result of alleged maltreatment to the central registry under the policies adopted by the Social Services Commission."
SECTION 1.8.  G.S. 7B‑308(b) reads as rewritten:
"(b)	Immediately upon receipt of judicial authority to retain custody, the physician, the administrator, or that person's designee shall so notify the director of social services for the county in which the facility is located. The director shall treat this notification as a report of suspected abuse and shall immediately begin an assessment of the case.
(1)	If the assessment reveals (i) that it is the opinion of the certifying physician that the juvenile is in need of medical treatment to cure or alleviate physical distress or to prevent the juvenile from suffering serious physical injury, and (ii) that it is the opinion of the physician that the juvenile should for these reasons remain in the custody of the facility for 12 hours, but (iii) that the juvenile's parent, guardian, custodian, or caretaker cannot be reached or, upon request, will not consent to the treatment within the facility, the director shall within the initial 12‑hour period file a juvenile petition alleging abuse and setting forth supporting allegations and shall seek a nonsecure custody order. A petition filed and a nonsecure custody order obtained in accordance with this subdivision shall come on for hearing under the regular provisions of this Subchapter unless the director and the certifying physician together voluntarily dismiss the petition.
(2)	In all cases except those described in subdivision (1) above, the director shall conduct the assessment and may initiate juvenile proceedings and take all other steps authorized by the regular provisions of this Subchapter. If the director decides not to file a petition, the physician, the administrator, or that person's designee may ask the prosecutor to review this decision according to the provisions of G.S. 7B‑305 and G.S. 7B‑306."
SECTION 1.9.  G.S. 7B‑309 reads as rewritten:
"§ 7B‑309.  Immunity of persons reporting and cooperating in an assessment.
Anyone who makes a report pursuant to this Article, cooperates with the county department of social services in a protective services assessment, testifies in any judicial proceeding resulting from a protective services report or assessment, or otherwise participates in the program authorized by this Article, is immune from any civil or criminal liability that might otherwise be incurred or imposed for that action provided that the person was acting in good faith. In any proceeding involving liability, good faith is presumed."
SECTION 1.10.  G.S. 7B‑404(a) reads as rewritten:
"(a)	When the office of the clerk is closed, a magistrate may be authorized by the chief district court judge to draw, verify, and issue petitions as follows:
(1)	When the director of the department of social services requests a petition alleging a juvenile to be abused, neglected, or dependent, or
(2)	When the director of the department of social services requests a petition alleging the obstruction of or interference with an assessment required by G.S. 7B‑302."
SECTION 1.11.  G.S. 7B‑506(h)(3) reads as rewritten:
"(h)	At each hearing to determine the need for continued custody, the court shall:
…
(3)	Inquire as to whether there are other juveniles remaining in the home from which the juvenile was removed and, if there are, inquire as to the specific findings of the assessment conducted under G.S. 7B‑302 and any actions taken or services provided by the director for the protection of the other juveniles."
SECTION 1.12.  G.S. 108A‑14(a)(11) reads as rewritten:
"(a)	The director of social services shall have the following duties and responsibilities:
…
(11)	To assess reports of child abuse and neglect and to take appropriate action to protect such children pursuant to the Child Abuse Reporting Law, Article 3 of Chapter 7B of the General Statutes;"
PART 2.	SERVICE OF SUMMONS
SECTION 2.  G.S. 7B‑407 reads as rewritten:
"§ 7B‑407.  Service of summons.
The summons shall be personally served in accordance with 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. 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."
PART 3.	CONTINUANCES FOR TERMINATION OF PARENTAL RIGHTS
SECTION 3.  G.S. 7B‑1109(d) reads as rewritten:
"(d)	The court may for good cause shown continue the hearing for such time as is reasonably required to receive additional evidence, any reports or assessments which the court has requested, or any other information needed in the best interests of the juvenile and to allow for a reasonable time for the parties to conduct expeditious discovery. Otherwise, continuances shall be granted only in extraordinary circumstances when necessary for the proper administration of justice or in the best interest of the juvenile. If the court, pursuant to this subsection, continues the hearing to a time that is more than 90 days from the filing of the initial petition or motion, the court shall reduce its order to writing and state in the written order its reason for granting the continuance."
PART 4.	AFFIDAVIT OF PARENTAGE AND AGREEMENT TO SUPPORT
SECTION 4.  G.S. 110‑132(a) reads as rewritten:
"(a)	In lieu of or in conclusion of any legal proceeding instituted to establish paternity, the written affidavits of parentage executed by the putative father and the mother of the dependent child shall constitute an admission of paternity and shall have the same legal effect as a judgment of paternity, subject to the right of either signatory to rescind within the earlier of:
(1)	60 days of the date the document is executed, or
(2)	The date of entry of an order establishing paternity or an order for the payment of child support."
PART 5.	CHILDREN REQUIRED TO ATTEND SCHOOL
SECTION 5.  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 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, the principal shall review any report or investigation prepared under G.S. 115C‑381 and shall confer with the student and his parent, guardian, or custodian, if 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 made a good faith effort to comply with the law, the principal shall notify the district attorney and the director of social services of the county or city where the case arose. After the principal has made a determination based on the report or investigation prepared pursuant to G.S. 115C-381, the director shall then decide whether to undertake a protective services assessment against the parent, guardian, or custodian for educational neglect. If the principal determines that the parent, guardian, or custodian made a good faith effort to comply with the law, 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."
PART 6.	MAINTAINING REGISTER OF FOSTER PARENT APPLICANTS
SECTION 6.  G.S. 131D‑10.6B reads as rewritten:
"§ 131D‑10.6B.  Maintaining a register of applicants by the Division of Social Services.	
(a1)	The Division of Social Services shall keep a register of all family foster and therapeutic foster home applicants. The register shall be available to the public upon request and upon payment of a reasonable fee for copying as established by the Division of Social Services. The register shall state all of the following:
(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.	
(b1)	Applications of family foster and therapeutic foster home applicants and all other related materials, including letters of reference, mutual home assessments, or medical, psychological, financial, or other personal background information or history of applicants, the applicants' family, or members of the applicants' household, shall be treated as confidential and not as 'public records' subject to disclosure pursuant to Chapter 132 of the General Statutes.			"
PART 7.	STATE CHILD FATALITY REVIEW TEAM
SECTION 7.  G.S. 143B‑150.20 reads as rewritten:
"§ 143B‑150.20.  State Child Fatality Review Team; establishment; purpose; powers; duties; report by Division of Social Services.
(a)	There is established in the Department of Health and Human Services, Division of Social Services, a State Child Fatality Review Team to conduct in‑depth reviews of any child fatalities which have occurred involving children and families involved with local departments of social services child protective services in the 12 months preceding the fatality. Steps in this in‑depth review shall include interviews with any individuals determined to have pertinent information as well as examination of any written materials containing pertinent information.
(b)	The purpose of these reviews shall be to implement a team approach to identifying factors which may have contributed to conditions leading to the fatality and to develop recommendations for improving coordination between local and State entities which might have avoided the threat of injury or fatality and to identify appropriate remedies. The Division of Social Services shall make public the findings and recommendations developed for each fatality reviewed relating to improving coordination between local and State entities. These findings shall not be admissible as evidence in any civil or administrative proceedings against individuals or entities that participate in child fatality reviews conducted pursuant to this section. The State Child Fatality Review Team shall consult with the appropriate district attorney in accordance with G.S. 7B‑2902(d) prior to the public release of the findings and recommendations.
(c)	The State Child Fatality Review Team shall include representatives of the local departments of social services and the Division of Social Services, a member of the local Community Child Protection Team, a member of the local child fatality prevention team, a representative from local law enforcement, a prevention specialist, and a medical professional.
(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.
(d1)	Pursuant to subsection (d) of this section, if a request for records by the State Child Fatality Review Team is denied or a response to its request is not immediately forthcoming, the State Child Fatality Review Team may apply for an order compelling disclosure. The application shall state, with reasonable particularity, factors supporting the need for an order compelling disclosure. The State Child Fatality Review Team shall file the application in Wake County Superior Court and the Court shall have jurisdiction to issue any orders compelling disclosure. Actions brought pursuant to this section shall be scheduled for immediate hearing, and subsequent proceedings in these actions shall be given priority by the appellate courts. After a hearing, the Court shall issue an order compelling disclosure unless the court finds that the disclosure of the requested records is not permitted by federal law and regulations.
(e)	Meetings of the State Child Fatality Review Team are not subject to the provisions of Article 33C of Chapter 143 of the General Statutes. However, the State Child Fatality Review Team may hold periodic public meetings to discuss, in a general manner not revealing confidential information about children and families, the findings of their reviews and their recommendations for preventive actions. Minutes of all public meetings, excluding those of closed sessions, shall be kept in compliance with Article 33C of Chapter 143 of the General Statutes. Any minutes or any other information generated during any executive session shall be sealed from public inspection.
(f)	All otherwise confidential information and records acquired by the State Child Fatality Review Team, in the exercise of its duties are confidential; are not subject to discovery or introduction into evidence in any proceedings except pursuant to an order of the court; and may only be disclosed as necessary to carry out the purposes of the State Child Fatality Review Team. In addition, all otherwise confidential information and records created by the State Child Fatality Review Team in the exercise of its duties are confidential; are not subject to discovery or introduction into evidence in any proceedings; and may only be disclosed as necessary to carry out the purposes of the State Child Fatality Review Team. No member of the State Child Fatality Review Team, nor any person who attends a meeting of the State Child Fatality Review Team, may testify in any proceeding about what transpired at the meeting, about information presented at the meeting, or about opinions formed by the person as a result of the meetings. This subsection shall not, however, prohibit a person from testifying in a civil or criminal action about matters within that person's independent knowledge.
(g)	Each member of the State Child Fatality Review Team and invited participant shall sign a statement indicating an understanding of and adherence to confidentiality requirements, including the possible civil or criminal consequences of any breach of confidentiality.
	"
PART 8.	RESIDENCY
SECTION 8.  G.S. 153A‑257 is amended by adding a new subsection to read:
"(d)	If two or more county departments of social services differ regarding the legal residence of a minor in a child abuse, neglect, or dependency case, either county department of social services may refer the factual situation to the Department of Health and Human Services, Division of Social Services. After reviewing the pertinent background facts of the case, the Director of the Division of Social Services or the Director's designee shall determine which county department of social services shall be responsible for providing protective services and financial support for the minor in question. Since the Department of Health and Human Services is the supervising agency under Chapter 108A of the General Statutes for the county-administered programs, the determination of the Director or the Director's designee regarding the minor's legal residence for social services purposes is binding upon the county departments of social services and counties and is not subject to judicial review."
PART 9.	EFFECTIVE DATE
SECTION 9.  This act is effective when it becomes law.