A BILL TO BE ENTITLED
AN ACT to make various changes to the laws regarding abuse, neglect, and dependency cases for juveniles.
The General Assembly of North Carolina enacts:

part I. child welfare case escalation team
SECTION 1.(a)  Article 1 of Chapter 108A of the General Statutes is amended by adding a new Part to read:
"Part 2C. Child Welfare Case Escalation Team.
"§ 108A‑15.25.  Child Welfare Case Escalation Team.
(a)	Child Welfare Case Escalation Team. – The Division shall maintain a representative for each child welfare services region that conducts escalation assessments, consistent with this section, of juveniles that have a history of child protective services attention due to a combination of safety and risk factors. The purpose of the team is to do all of the following:
(1)	Support county departments of social services.
(2)	Provide an additional level of review to ensure child safety statewide.
(3)	Provide quality assurance of the child protective services history of a family who has returned to the attention of child protective services, including assessing the quality of prior service intervention and further decisions of services provided to ensure the safety and well‑being of juveniles moving forward with the family.
(b)	Staff. – The team is staffed by the Division, including the assigned manager and escalation specialists. The team shall collaborate and coordinate with (i) the regional child welfare specialist team supervisors or the regional child welfare specialists assigned to the county, (ii) the director of the county department of social services where the juvenile subject to the escalation notification form resides, and (iii) local law enforcement.
"§ 108A‑15.26.  Definitions.
The following definitions apply in this Part:
(1)	Caretaker. – As defined in G.S. 7B‑101.
(2)	Division. – The Division of Social Services of the Department of Health and Human Services.
(3)	Extensive child welfare history. – Any one or more of the following:
a.	Involvement of a medically complex juvenile who requires subspecialty care by two or more specialties.
b.	Receipt of a second report for medical neglect within six months of the current report.
c.	Involvement of a juvenile that requires devices to sustain their function, such as a tracheostomy or gastric tube, who has had three or more prior cases for concerns of medical neglect.
d.	Families with five or more child protective services cases with concerns for neglect regardless of case decision or families that have three or more cases, if any of those cases involved concerns for abuse.
e.	Families that have three or more prior child protective services reports with concerns for domestic violence or active or current drug activity.
f.	Any report on an active temporary safety provider or kinship care provider.
g.	Cases in which there exists a previous child protective services history with the family and involves a near fatality of a juvenile.
h.	Any case that has had a prior history involving a child fatality as a result of concerns for abuse or neglect and there is a new child in the residence.
i.	Multiple prior involvements with child welfare services, including in‑home services or permanency planning.
(4)	High‑risk home. – A home or individual that meets any of the following criteria:
a.	History of extensive child welfare involvement.
b.	Two or more screened out reports alleging abuse or neglect of any juvenile that indicate a pattern of concern despite prior screening decisions.
c.	History of prior removal and placement of any juvenile into foster or kinship care.
d.	Two or more substantiated or unsubstantiated reports that demonstrate a pattern consistent with chronic or habitual neglect or abuse of any juvenile.
e.	Ongoing medical or mental health neglect, such as repeated reports of failing to address any juvenile's medical or mental health needs, with allegations consistent across multiple reports and time frames.
(5)	Juvenile. – As defined in G.S. 7B‑101.
(6)	Near fatality. – As defined in G.S. 7B‑2902.
(7)	Team. – The Child Welfare Case Escalation Team.
"§ 108A‑15.27.  Child Welfare Case Escalation Team initial procedure.
(a)	Criteria. – The director of the county department of social services shall notify the Child Welfare Case Escalation Team as provided for in subsection (b) of this section when a county department of social services receives a report of abuse or neglect to screen under Article 3 of Subchapter I of Chapter 7B of the General Statutes that involves a juvenile residing or located in a high‑risk home.
(b)	Notification. – When a child welfare report meets the criteria of subsection (a) of this section, the receiving county department of social services shall complete an escalation notification form within two business days and return via email or automated process to the escalation team.
(c)	Information Sharing. – The assigned escalation specialist shall coordinate with the county department of social services to obtain access to the entirety of the case record to address immediate safety of the juvenile. Upon request, the county department of social services shall provide any records in their possession related to the juvenile's case and identified in the escalation notification form. Pursuant to G.S. 7B‑302, the escalation specialist may also demand, in writing, records in possession of State or local law enforcement.
"§ 108A‑15.28.  Child welfare case escalation assessment.
(a)	Assessment. – Once the escalation specialist receives all pertinent information and records from the county department of social services under G.S. 108A‑15.27, the escalation specialist shall do all of the following:
(1)	Assess child welfare history, including all reports and findings, interviews conducted and collateral interviews, safety plans developed for the juvenile, and services provided to the family.
(2)	Identify gaps in services and other areas that impact safety of the juvenile.
(3)	Review the overall safety planning for the juvenile in the current assessment to determine if there are additional steps required to ensure safety.
(4)	Create a chronological time line of child protective services intervention to understand the maltreatment factors of concern related to the family to aid in decision making.
(b)	Collaboration. – The escalation specialist assigned to the case and other team members shall provide necessary technical assistance to the county department of social services throughout the assessment phase of the child protective services case to identify any patterns or contributory factors from past history that may impact a caretaker's ability to assess and control for present danger threats. The escalation specialist shall do all of the following in collaboration with the county department of social services:
(1)	Be involved in determining the case decision and in identifying services needed for incorporation into the family case plan, taking into account the family's history and interventions identified in the chronological time line.
(2)	Guide current intervention steps and improve practice, any practice concerns from child protective services involvement, and discuss that involvement with the county director of social services and regional child welfare specialist team supervisors or the regional child welfare specialist team members assigned to the county.
(c)	Response. – The county department of social services shall respond to all unaddressed safety concerns identified through the team's review process immediately or within the same day of notification.
(d)	Review. – The team and other assigned Division and Department of Health and Human Services staff shall review records to ensure that practices that have deficiencies are corrected and there is communication with county department staff and others to improve child welfare practices at all levels across the county departments of social services."
SECTION 1.(b)  The Child Welfare Case Escalation Team shall consist of eight full‑time equivalent positions to staff and implement the Child Welfare Case Escalation Team, as established in this section. These full‑time equivalent positions shall include seven human services program consultants and one human services program manager.
SECTION 1.(c)  The Department of Health and Human Services, Division of Social Services, shall explore means and resources needed to automate and reduce the burden on the county workforce to alert the Division of escalation reviews as established under this section. When exploring these options, the Division shall consider using the Partnership and Technology Hub for North Carolina to make an automated process for those reviews.
SECTION 1.(d)  The Division shall amend protocols and rules as necessary to integrate Child Welfare Case Escalation Team involvement into the entry of a private residence, as provided for under G.S. 7B‑302(h), as amended by this act, to ensure seamless and coordinated assistance for high‑risk juveniles at risk of abuse or neglect.

Part II. cps employee assessment home visit and record modifications
SECTION 2.(a)  The Department of Health and Human Services, Division of Social Services, shall adopt rules to amend Subchapter 70A of the North Carolina Administrative Code and update associated Division policies; Child Protective Services Assessments Policy, Protocol, and Guidance; and the Partnership and Technology Hub for North Carolina to require directors of departments of social services to require photographs or video evidence to be gathered during an initial investigative assessment response or initial family assessment response when the assessment is investigating allegations that a child is an abused or neglected juvenile and that those photographs or video evidence be maintained as a permanent part of the case file, consistent with the requirements of Article 3 of Subchapter I of Chapter 7B of the General Statutes.
SECTION 2.(b)  G.S. 7B‑302 reads as rewritten:
"§ 7B‑302.  Assessment by director; military affiliation; access to confidential information; notification of person making the report.
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(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 or 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, or clear and convincing evidence if the request is from the Child Welfare Case Escalation Team pursuant to a written demand under G.S. 108A‑15.27(c), 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.
…
(h)	The director or the director's representative may not enter a private residence for assessment 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.
(5)	If the report alleges suspected abuse or neglect of a juvenile in a high‑risk home, as defined in G.S. 108A‑15.26, and the Child Welfare Case Escalation Team has been activated and is assisting the county department of social services conducting the assessment at the juvenile's residence."

Part III. recognition of child abuse and neglect training
SECTION 3.  The Department of Health and Human Services, Division of Social Services, shall create a training program for child protective services employees and social workers employed by county departments of social services to recognize abuse and neglect. Once developed, the Division shall ensure that this training is virtually available for future trainings and continuing education for those employees that need it. The Division shall prioritize training specialists, prior to dissemination to the entirety of social workers statewide.

part IV. liability
SECTION 4.  The North Carolina Department of Justice shall provide recommendations to the Joint Legislative Oversight Committee on Health and Human Services on reducing the State's liability and placing some liability on the county when a county department of social services fails to follow statutory requirements or the State's policies and procedures regarding the provision of child welfare services. The North Carolina Department of Justice shall provide its recommendations, including any necessary statutory changes to effectuate those recommendations, to the Joint Legislative Oversight Committee on Health and Human Services no later than March 1, 2027.

part v. PROCEDURE FOR EXPUNGEMENT FROM RESPONSIBLE INDIVIDUALS LIST
SECTION 5.(a)  G.S. 7B‑200(a) reads as rewritten:
"(a)	The court has exclusive, original jurisdiction over any case involving a juvenile who is alleged to be abused, neglected, or dependent. This jurisdiction does not extend to cases involving adult defendants alleged to be guilty of abuse or neglect. The court also has exclusive original jurisdiction of the following proceedings:
…
(9)	Proceedings involving placement on or expungement from the responsible individuals list under Article 3A of this Chapter."
SECTION 5.(b)  G.S. 7B‑325(b) reads as rewritten:
"(b)	The petition for expungement shall be filed with the district court of the county in which the abuse or serious neglect report arose. A copy shall be delivered in person or by certified mail, return receipt requested, to the director who determined the abuse or serious neglect and identified the individual seeking expungement as a responsible individual. The petition for expungement shall contain the name, date of birth, and address of the individual seeking expungement, the name of the juvenile who was the subject of the determination of abuse or serious neglect, and facts that invoke the jurisdiction of the court."

PART vI. CLARIFY CHILD WELFARE PROCEDURE
SECTION 6.(a)  G.S. 7B‑900.1(b) reads as rewritten:
"(b)	Before ordering that a case be transferred to another county, the court shall find that the director of the department of social services in the county in which the action is pending and the director in the county to which transfer is contemplated have communicated about the case and that:
(1)	The two directors are in agreement with respect to each county's responsibility for providing financial support for the juvenile and services for the juvenile and the juvenile's family; or
(2)	The Director of the Division of Social Services or the Director's designee has made that determination pursuant to G.S. 153A‑257(d) or appointed a county department of social services to assume management of the case pursuant to G.S. 7B‑302.1(c)."
SECTION 6.(b)  G.S. 7B‑901(d) reads as rewritten:
"(d)	When the court determines that reunification efforts are not required, reunification is excluded as a permanent plan. The court shall order a permanent plan as soon as possible, after providing each party with a reasonable opportunity to prepare and present evidence at a permanency planning hearing. The court shall schedule a permanency planning hearing within 30 days from the completion of the initial dispositional hearing to address the permanent plan in accordance with G.S. 7B‑906.1 and G.S. 7B‑906.2."
SECTION 6.(c)  G.S. 7B‑903.1(c1) reads as rewritten:
"(c1)	If juvenile siblings are removed from the home and placed in the custody of a county department of social services, the director shall make reasonable efforts to place the juvenile siblings in the same home. The director is not required to make reasonable efforts under this subsection if the director documents that placing the juvenile siblings would be contrary to the safety or well‑being of any of the juvenile siblings. If, after making reasonable efforts, the director is unable to place the juvenile siblings in the same home, the director shall make reasonable efforts to provide frequent sibling visitation and ongoing interaction between the juvenile siblings, unless the director documents that frequent visitation or other ongoing interaction between the juvenile siblings would be contrary to the safety or well‑being of any of the juvenile siblings."
SECTION 6.(d)  G.S. 7B‑906.1 reads as rewritten:
"§ 7B‑906.1.  Review and permanency planning hearings.
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(e)	At any permanency planning hearing where the juvenile is not placed with a parent, the court shall additionally consider the following criteria and make written findings regarding those that are relevant:
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(5)	Whether the county department of social services has since the initial permanency planning hearing made reasonable efforts to implement the permanent plan for the juvenile.
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(g)	At the conclusion of each permanency planning hearing, the court shall make specific findings as to the best permanent plan or plans to achieve a safe, permanent home for the juvenile within a reasonable period of time.
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(m)	If the court finds that a proceeding to terminate the parental rights of the juvenile's parents is necessary in order to perfect the primary or sole permanent plan for the juvenile, the director of the department of social services shall file a petition to terminate parental rights within 60 calendar days from the date of the entry of the order unless the court makes written findings regarding why the petition cannot be filed within 60 days. If the court makes findings to the contrary, the court shall specify the time frame in which any needed petition to terminate parental rights shall be filed.
…."
SECTION 6.(e)  G.S. 7B‑906.2(b) reads as rewritten:
"(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 or the sole permanent plan and may specify efforts that are reasonable to timely achieve permanence for the juvenile."
SECTION 6.(f)  G.S. 7B‑908(c) reads as rewritten:
"(c)	The court shall consider at least the following in its review and make written findings regarding the following that are relevant:
(1)	The adequacy of the permanency plan or plans developed by the county department of social services or a licensed child‑placing agency for a permanent placement in the juvenile's best interests and the efforts of the department or agency to implement the plan or plans.
…."
SECTION 6.(g)  G.S. 7B‑909.2(h) reads as rewritten:
"(h)	The court shall not enter an order to approve the post‑adoption contact agreement unless the agreement is in writing and executed prior to or as part of the relinquishment. The agreement and order shall not be filed in the juvenile proceeding. When the court approves the post‑adoption contact agreement:
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(4)	The record of the civil action shall be withheld from public inspection and may only be examined by the parties to the civil action and their attorneys, the minor adoptee after the adoptee turns 18 years old or is otherwise emancipated, or by order of the court."
SECTION 6.(h)  G.S. 7B‑909.3 reads as rewritten:
"§ 7B‑909.3.  Modification, enforcement, and termination of a post‑adoption contact agreement and order; rights of adoptive parents.
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(e)	A party subject to an order under this section has no right to appeal the order which terminates, modifies, or enforces the post‑adoption contact agreement and order. Notwithstanding other provisions of this section, a party to an order under this section has the right to appeal any order finding him or her in contempt of the order as provided for in Chapter 5A of the General Statutes.
…."

PART Vii. TERMINATION OF PARENTAL RIGHTS
SECTION 7.(a)  G.S. 7B‑1101.1(b) reads as rewritten:
"(b)	In addition to the right to appointed counsel under subsection (a) of this section, a guardian ad litem shall be appointed in accordance with G.S. 1A‑1, Rule 17, to represent any parent who is under the age of 16 years. On motion of any party or on the court's own motion, the court may appoint a guardian ad litem for a parent who is 16 or 17 years old and who is not married or otherwise emancipated."
SECTION 7.(b)  G.S. 7B‑1103(a) reads as rewritten:
"(a)	A petition or motion to terminate the parental rights of either or both parents to his, her, or their minor juvenile may only be filed by one or more of the following:
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(4)	Any county department of social services, consolidated county human services agency, or licensed child‑placing agency to which the juvenile has been relinquished for adoption by one of the parents or by the guardian of the person of the juvenile, pursuant to G.S. 48‑3‑701.
(4a)	Any county department of social services who has received a safely surrendered infant, pursuant to Article 5A of this Subchapter.
…."
SECTION 7.(c)  G.S. 7B‑1112 reads as rewritten:
"§ 7B‑1112.  Effects of termination order.
An order terminating the parental rights completely and permanently terminates all rights and obligations of the parent to the juvenile and of the juvenile to the parent arising from the parental relationship, except that the juvenile's right of inheritance from the juvenile's parent shall not terminate until a final order of adoption is issued. The parent is not thereafter entitled to notice of proceedings to adopt the juvenile and may not object thereto or otherwise participate therein:
(1)	If the juvenile had been placed in the custody of or released for adoption by one parent to a county department of social services or licensed child‑placing agency and is in the custody of the agency at the time of the filing of the petition or motion, including a petition or motion filed pursuant to G.S. 7B‑1103(a)(6), that agency shall, upon entry of the order terminating parental rights, acquire all of the rights for placement of the juvenile, except as otherwise provided in G.S. 7B‑908(d1), as the agency would have acquired had the parent whose rights are terminated released the juvenile to that agency pursuant to the provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes, including the right to consent to the adoption of the juvenile.
…."

PART Viii. UNDISCIPLINED AND DELINQUENT JUVENILES; NONSECURE CUSTODY
SECTION 8.  G.S. 7B‑1905(a) reads as rewritten:
"(a)	A juvenile meeting the criteria set out in G.S. 7B‑1903(a), may be placed in nonsecure custody with a department of social services or a person designated in the order. The department of social services with placement responsibility is authorized to place the juvenile for temporary residential placement in one of the following:
(1)	A licensed foster home or a home otherwise authorized by law to provide such care.
(2)	A facility operated by a department of social services.
(2a)	A facility licensed to provide care to juveniles.
(3)	Any other home or facility, such as the home of a parent, relative, nonrelative kin, or other person with legal custody of a sibling of the juvenile, approved by the court and designated in the order.
The department shall not place a juvenile in any unlicensed facility or any facility that is not licensed to provide care for juveniles without the sanction of the court and so designated in the order prior to such placement being made.
In placing a juvenile in nonsecure custody, the court shall first consider whether a relative of the juvenile is willing and able to provide proper care and supervision of the juvenile. If the court finds that the relative is willing and able to provide proper care and supervision, the court shall order placement of the juvenile with the relative unless the court finds that placement with the relative would be contrary to the best interest of the juvenile. Placement of a juvenile outside of this State shall be in accordance with the Interstate Compact on the Placement of Children set forth in Article 38 of this Chapter."

PART IX. INCLUSION OF EASTERN BAND OF CHEROKEE INDIANS IN CHILD ADVOCACY CENTERS
SECTION 9.(a)  G.S. 108A‑77.1 reads as rewritten:
"§ 108A‑77.1.  Definitions.
The following definitions apply in this Article:
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(7)	Department. – As defined in G.S. 7B‑101 and the Eastern Band of Cherokee Indians Public Health and Human Services.
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(10)	Multidisciplinary team. – A group of professionals who represent various disciplines and work collaboratively pursuant to a written protocol to share information on service provision and investigations by law enforcement or a department to inform the investigation and prosecution of child maltreatment cases and to coordinate services in response to reports made of child maltreatment. The multidisciplinary team works solely on behalf of children served by a Children's Advocacy Center. In addition to the members listed in this subdivision, a multidisciplinary team may include other professionals involved in the delivery of services to victims of child maltreatment and their appropriate caregivers. Participation in a multidisciplinary team shall not preclude any member from carrying out any mandated responsibility of his or her profession. A Children's Advocacy Center's multidisciplinary team must include, at a minimum, the following professionals:
a.	A member of participating law enforcement agencies.
b.	The county district attorney or assistant district attorney or tribal prosecutor for the Eastern Band of Cherokee Indians.
c.	A member of the department's child protective services unit.
d.	A local mental health provider.
e.	A local health care provider.
f.	A victim advocate.
g.	Children's Advocacy Center staff.
…."
SECTION 9.(b)  G.S. 108A‑77.4(c) reads as rewritten:
"(c)	Disclosure of information and records outlined in subsection (b) of this section shall only be released or otherwise made available to the following:
(1)	The North Carolina Department of Health and Human Services and county departments.
(2)	Law enforcement agencies, a prosecuting district attorney, a tribal prosecutor for the Eastern Band of Cherokee Indians, or the Attorney General.
(3)	Health care providers or local management entity/managed care organizations providing medical or psychiatric care or services to the child, in the case of medical or mental health records.
(4)	The North Carolina Child Fatality Task Force.
(5)	As permitted under G.S. 7B‑3100."

part X. effective date
SECTION 10.  Subsection (a) of Section 1, subsection (b) of Section 2, and Part VI of this act become effective October 1, 2026. The remainder of this act is effective when it becomes law.