§ 7B-906.2.  Permanent plans; concurrent planning.

(a) At any permanency planning hearing pursuant to G.S. 7B-906.1, the court shall adopt one or more of the following permanent plans the court finds is in the juvenile's best interest:

(1) Reunification as defined by G.S. 7B-101.

(2) Adoption under Article 3 of Chapter 48 of the General Statutes.

(3) Guardianship pursuant to G.S. 7B-600(b).

(4) Custody to a relative or other suitable person.

(5) Another Planned Permanent Living Arrangement (APPLA) pursuant to G.S. 7B-912.

(6) Reinstatement of parental rights pursuant to G.S. 7B-1114.

(a1) Concurrent planning shall continue until (i) a permanent plan is or has been achieved or (ii) reunification is not identified as a permanent plan as provided for in subsection (b) of this section.

(b) At any permanency planning hearing where the court is ordering reunification as a permanent plan, the court shall adopt concurrent permanent plans and shall identify the primary plan and secondary plan. Reunification shall be a primary or secondary plan unless the court relieved the department of making reunification efforts at initial disposition under G.S. 7B-901(c), previously made written findings under G.S. 7B-906.1(d)(3), the permanent plan is or has been achieved, or the court makes written findings that reunification efforts clearly would be unsuccessful or would be inconsistent with the juvenile's health or safety. The finding that reunification efforts clearly would be unsuccessful or inconsistent with the juvenile's health or safety may be made at any permanency planning hearing, and if made, shall eliminate reunification as a plan. When reunification has been eliminated as a permanent plan, concurrent planning is not required. Unless permanence has been achieved, the court shall order the county department of social services to make efforts toward finalizing the primary and secondary permanent plans and may specify efforts that are reasonable to timely achieve permanence for the juvenile.

(b1) When a juvenile is not being reunified with a parent, guardian, or custodian, prior to any change in placement for the juvenile, the department shall file a motion before the court and request that a hearing be held within 30 days when all of the following criteria exist:

(1) The juvenile is in the custody of a county department of social services.

(2) The juvenile has resided with the caretaker for the preceding 12 consecutive months, and the caretaker objects to the removal.

(3) The current caretaker is one of the following individuals:

a. A relative caretaker.

b. A nonrelative caretaker, and there are no relatives who are willing and able to provide proper care and supervision of the juvenile in a safe home.

(4) The court-ordered primary or secondary permanent plan is adoption.

(5) The current caretaker objects to the removal and has notified the department of their desire to adopt the juvenile.

The clerk shall give notice of the hearing to the parties, the parties' attorneys, and the current caretaker. The department of social services shall either provide to the clerk the name and address of the juvenile's current caretaker for notice under this subsection or file written documentation with the clerk that the juvenile's current caretaker was sent notice of hearing. The court shall provide the current caretaker the opportunity to address the court, present evidence, cross-examine witnesses, and be represented by an attorney at the caretaker's own expense. Nothing in this subsection shall be construed to make the current caretaker a party to the proceeding. The court may consider any evidence, including hearsay evidence as defined in G.S. 8C-1, Rule 801, or testimony or evidence from any person that is not a party, that the court finds to be relevant, reliable, and necessary to determine the needs of the juvenile. At the hearing to review the change of placement, the court shall determine whether it is in the best interests of the juvenile to be removed. This subsection shall not apply to cases when there are allegations of abuse or neglect of the juvenile while under the care and supervision of the current caretaker.

(c) Unless reunification efforts were previously ceased, at each permanency planning hearing the court shall make a finding about whether the reunification efforts of the county department of social services were reasonable. In every subsequent permanency planning hearing held pursuant to G.S. 7B-906.1, the court shall make written findings about the efforts the county department of social services has made toward the primary permanent plan and any secondary permanent plans in effect prior to the hearing. The court shall make a conclusion about whether efforts to finalize the permanent plan were reasonable to timely achieve permanence for the juvenile.

(d) At any permanency planning hearing under subsections (b) and (c) of this section, the court shall make written findings as to each of the following, which shall demonstrate the degree of success or failure toward reunification:

(1) Whether the parent is making adequate progress within a reasonable period of time under the plan.

(2) Whether the parent is actively participating in or cooperating with the plan, the department, and the guardian ad litem for the juvenile.

(3) Whether the parent remains available to the court, the department, and the guardian ad litem for the juvenile.

(4) Whether the parent is acting in a manner inconsistent with the health or safety of the juvenile.

(e) If the juvenile is 14 years of age or older, the court shall make written findings in accordance with G.S. 7B-912(a), regardless of the juvenile's permanent plan.

(f) When a permanent plan of guardianship or custody is achieved, the court shall advise the guardian or custodian of the right to seek child support after the order awarding permanent guardianship or custody has been entered.  (2015-136, s. 14; 2016-94, s. 12C.1(h); 2019-33, s. 11; 2021-100, s. 11; 2021-132, s. 1(k); 2025-16, s. 1.13(b).)