GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 162*

Short Title:  Adoption Technical/Minor Amendments.  	(Public)

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Sponsors: Senators Hartsell; and Winner.

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Referred to:  Judiciary.

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February 17, 1997

A BILL TO BE ENTITLED
AN ACT TO MAKE TECHNICAL, CLARIFYING, AND SIMILAR MINOR CHANGES TO CHAPTER 48 OF THE GENERAL STATUTES AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 48-2-305 reads as rewritten:
"§ 48-2-305.  Petition for adoption; additional documents.
At the time the petition is filed, the petitioner shall file or cause to be filed the following documents:
(1)	Any required affidavit of parentage executed pursuant to G.S. 48-3-206;
(2)	Any required consent or relinquishment that has been executed;
(3)	A certified copy of any court order terminating the rights and duties of a parent or a guardian of the adoptee;
(4)	A certified copy of any court order or pleading in a pending proceeding concerning custody of or visitation with the adoptee;
(5)	A copy of any required preplacement assessment certified by the agency that prepared it or an affidavit from the petitioner stating why the assessment is not available;
(6)	A copy of any document containing the information required under G.S. 48-3-205 concerning the health, social, educational, and genetic history of the adoptee and the adoptee's original family which the petitioner received before the placement or at any later time, certified by the person that prepared it, or if this document is not available, an affidavit stating the reason why it is not available;
(7)	Any signed copy of the form required by the Interstate Compact on the Placement of Children, G.S. 110-57.1, et seq., authorizing a minor to come into this State;
(8)	A writing that states the name of any individual whose consent is or may be required, but who has not executed a consent or a relinquishment or whose parental rights have not been legally terminated, and any fact or circumstance that may excuse the lack of consent or relinquishment; and
(9)	In an adoption pursuant to Article 4 of this Chapter, a copy of any agreement to release past-due child support payments.
The petitioner may also file any other document necessary or helpful to the court's determination."
Section 2.  G.S. 48-2-401(d) reads as rewritten:
"(d)	In the adoption of an adult, the petitioner shall also serve notice of the filing on any adult children of the prospective adoptive parent and any parent, spouse, or adult child of the adoptee who are listed in the petition to adopt."
Section 3.  G.S. 48-2-403 reads as rewritten:
"§ 48-2-403.  Notice of proceedings by clerk.
No later than five days after a petition is filed, the clerk of the court shall mail or otherwise deliver to any agency that has undertaken but not yet completed a preplacement assessment and any agency ordered to make a report to the court pursuant to Part 5 of this Article."
Section 4.  G.S. 48-2-502(b) reads as rewritten:
"(b)	The report must be in writing and contain:
(1)	An account of the petitioner's marital or family status, physical and mental health, home environment, property, income, and financial obligations; if there has been a preplacement assessment, the account may be limited to any changes since the filing of the preplacement assessment;
(2)	All reasonably available nonidentifying information concerning the physical, mental, and emotional condition of the adoptee required by G.S. 48-3-205 which is not already included in the document prepared under that section;
(3)	Copies of any court order, judgment, decree, or pending legal proceeding affecting the adoptee, the petitioner, or any child of the petitioner relevant to the welfare of the adoptee;
(4)	A list of the expenses, fees, or other charges incurred, paid, or to be paid in connection with the adoption that can reasonably be ascertained by the agency;
(5)	Any fact or circumstance known to the agency that raises a specific concern about whether the proposed adoption is contrary to the best interest of the adoptee because it poses a significant risk of harm to the well-being of the adoptee;
(6)	A finding by the agency concerning the suitability of the petitioner and the petitioner's home for the adoptee;
(7)	A recommendation concerning the granting of the petition; and
(8)	Such other information as may be required by rules adopted pursuant to subsection (c) of this section.
In an agency adoption, the report shall be written in such a way as to exclude all information that could reasonably be expected to lead directly to the identity of the adoptee at birth or any former parent or family member of the adoptee, and any copies of documents included pursuant to subdivision (3) of this subsection shall be redacted to exclude this information."
Section 5.  (a)	G.S. 48-2-503(a) reads as rewritten:
"§ 48-2-503.  Timing and filing of report.
(a)	The agency shall complete a written report and file it with the court within 60 days after the mailing or delivery of the order under G.S. 48-2-501 unless the court extends the time for filing.  The agency shall have three additional days to complete and file the report if the order was mailed."
(b)	G.S. 48-2-503(b) reads as rewritten:
"(b)	If the agency identifies a specific concern about the suitability of the petitioner or the petitioner's home for the adoptee, the agency must file an interim report immediately, which must contain an account of the specific concern.  The agency shall indicate in the final report whether its concerns have been satisfied and in what manner."
(c)	G.S.48-2-503 is amended by adding a new subsection to read:
"( b1)	When an agency identifies a specific concern in a final report and the court extends the time for a final hearing or disposition to allow resolution of these concerns, the agency shall file a supplemental report indicating whether its concerns have been satisfied and in what manner."
(d) Subsection (a) of this section applies to reports to the court prepared in response to a notice under G.S. 48-2-403 mailed or delivered after the effective date of this act.
Section 6.  (a)	G.S. 48-2-604 reads as rewritten:
"§ 48-2-604.  Denying petition to adopt a minor.
(a)	If at any time between the filing of a petition to adopt a minor and the issuance of the final order completing the adoption it appears to the court that the minor should not be adopted by the petitioners or the petition should be denied for some other reason, the court may dismiss the proceeding.
(b)	The court, before entering an order to dismiss the proceeding, shall give at least five days' notice of the motion to dismiss to the petitioners, to the county director of social services or licensed child-placing agency that made the report to the court, and to the Department of Human Resources, and they shall be entitled to a hearing on the issue.
(c)	If the court denies the petition, the custody of the minor shall revert to any agency or person having custody immediately before the filing of the petition. If the placement of the minor was a direct placement under Article 3 of this Chapter, the court shall notify the director of social services of the county in which the petition was filed of the dismissal, and the director of social services shall be responsible for taking appropriate action for the protection of the minor."
(b) This section becomes effective October 1, 1997.
Section 7.  G.S. 48-3-608(a) reads as rewritten:
"(a)	A consent to the adoption of an infant who is in utero or is three months old or less at the time the consent is given may be revoked within 21 days following the day on which it is executed, inclusive of weekends and holidays. A consent to the adoption of any other minor may be revoked within seven days following the day on which it is executed, inclusive of weekends and holidays. If the final day of the revocation period falls on a weekend or North Carolina or federal holiday, then the revocation period extends to the next business day. The individual who gave the consent may revoke by giving written notice to the person specified in the consent. Notice may be given by personal delivery, overnight delivery service, or registered or certified mail, return receipt requested. If notice is given by mail, notice is deemed complete when it is deposited in the United States mail, postage prepaid, addressed to the person to whom consent was given at the address specified in the consent.  If notice is given by overnight delivery service, notice is deemed complete on the date it is deposited with the service as shown by the receipt from the service, with delivery charges paid by the sender, addressed to the person to whom consent was given at the address specified in the consent."
Section 8.  (a)	G.S. 48-9-102(a) reads as rewritten:
"(a)	All records created or filed in connection with an adoption, except the decree of adoption and the entry in the special proceedings index in the office of the clerk of court, and on file with or in the possession of the court, an agency, the State, a county, an attorney, or other provider of professional services, are confidential and may not be disclosed or used except as provided in this Chapter."
(b)	G.S. 48-9-102(f) reads as rewritten:
"(f)	The Division shall transmit a report of each adoption and any name change to the State Registrar if the adoptee was born in this State.  In the adoption of a minor who was not born in this State, the Division shall transmit the report and any name change to the appropriate official responsible for issuing birth certificates or their equivalent.  In the adoption of an adult who was not born in this State, the Division shall transmit a copy of the final order and any other required information to the adoptee."
(c)	G.S. 48-9-102(g) reads as rewritten:
"(g)	In any adoption, the State Registrar may, in addition to receiving the report from the Division, request a copy of the final order and any separate order of name change directly from the clerk of court."
(d)	G.S. 48-2-303 reads as rewritten:
"§ 48-2-303.  Caption of petition for adoption.
The caption of the petition shall be substantially as follows:
STATE OF NORTH CAROLINA
               IN THE DISTRICT COURT 
	COUNTY
         BEFORE THE CLERK

*(Full name of petitioning father)
               and
	PETITION FOR ADOPTION
*(Full name of petitioning mother)
              and
FOR THE ADOPTION OF

*(Full name by which the adoptee is to be known if the adoption is granted)."
(e) Subsection (a) of this section becomes effective July 1, 1996.  The remainder of this section becomes effective October 1, 1997.
Section 9.  G.S. 48-2-601(a) reads as rewritten:
"(a)	If it appears to the court that a petition to adopt a minor is not contested, the court may dispose of the petition without a formal hearing."
Section 10.  (a)	G.S. 48-3-603(a) reads as rewritten:
"(a)	Consent to an adoption of a minor is not required of a person or entity whose consent is not required under G.S. 48-3-601, or:
(1)	An individual whose parental rights and duties have been terminated under Article 24B of Chapter 7A of the General Statutes or by a court of competent jurisdiction in another state;
(2)	A man described in G.S. 48-3-601(2), other than an adoptive father, if (i) the man has been judicially determined not to be the father of the minor to be adopted, or (ii) another man has been judicially determined to be the father of the minor to be adopted;
	(4)	An individual who has relinquished parental rights or guardianship powers, including the right to consent to adoption, to an agency pursuant to Part 7 of this Article;
(5)	A man who is not married to the minor's birth mother and who, after the conception of the minor, has executed a notarized statement denying paternity or disclaiming any interest in the minor;
(6)	A deceased parent or the personal representative of a deceased parent's estate; or
(7)	An individual listed in G.S. 48-3-601 who has not executed a consent or a relinquishment and who fails to respond to a notice of the adoption proceeding within 30 days after the service of the notice."
(b)	G.S. 48-3-201(d) reads as rewritten:
"(d)	An agency having legal and physical custody of a minor may place the minor for adoption at any time after a relinquishment is executed by any one parent or guardian pursuant to G.S. 48-3-701, even if the minor has a guardian or other parent whose consent is required before an adoption can be granted, unless one of these other individuals notifies the agency in writing of that individual's objections before the placement. The agency shall act promptly after accepting a relinquishment from one parent or guardian to obtain the consent or relinquishment of any other parent or guardian or to terminate the guardian's authority pursuant to Chapter 35A of the General Statutes and the rights between the minor and any other parent pursuant to Article 24B of Chapter 7A of the General Statutes."
(c)	G.S. 48-4-102 reads as rewritten:
"§ 48-4-102.  Consent to adoption of stepchild.
Except under circumstances described in G.S. 48-3-603, a petition to adopt a minor stepchild may be granted only if consent to the adoption has been executed by the adoptee if 12 or more years of age; and
(1)	The adoptee's parents as described in G.S. 48-3-601; and
(2)	Any guardian of the adoptee.
The consent of an incompetent parent may be given pursuant to the procedures in G.S. 48-3-602."
(d)	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."
(e)  G.S. 48-1-101(8) reads as rewritten:
"(8)	'Guardian' means an individual, other than a parent, appointed by a clerk of court in North Carolina to exercise all of the powers conferred by G.S. 35A-1241, including a standby guardian appointed under Article 21 of Chapter 35A of the General Statutes whose authority has actually commenced; and also means an individual, other than a parent, appointed in another jurisdiction according to the law of that jurisdiction who has the power to consent to adoption under the law of that jurisdiction."
Section 11.  (a)	G.S. 48-2-501 reads as rewritten:
"§ 48-2-501.  Report to the court during proceeding for adoption of a minor.
(a)	Whenever a petition for adoption of a minor is filed, the court shall order a report to the court made to assist the court to determine if the proposed adoption of the minor by the petitioner is in the minor's best interest.
(b)	Consistent with G.S. 48-1-109, the court shall order the report to be prepared:
(1)	By the agency that placed the minor;
(2)	By the agency that made the preplacement assessment pursuant to Part 3 of Article 3 of this Chapter; or
(3)	By another agency.
(c)	The court shall provide the individual who prepares the report with copies of: (i) the petition to adopt; and (ii) the documents filed with it.
(d)	As an exception to this section, in any stepparent adoption under Article 4 of this Chapter in which the minor has lived with the stepparent for more than two years, the court may, but is not required to, order a report unless the minor's consent is to be waived or the minor has revoked a consent."
(b)	G.S. 48-4-104 is repealed.
Section 12.  Except as otherwise provided, this act is effective when it becomes law.