GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
SESSION LAW 2019-172
HOUSE BILL 469
AN ACT to REVISE THE LAWS PERTAINING TO EQUITABLE DISTRIBUTION, amend the laws pertaining to parenting coordinators, AND TO MAKE VARIOUS CHANGES UNDER THE LAWS PERTAINING TO ADOPTIONS.
The General Assembly of North Carolina enacts:
PART I. REVISE EQUITABLE DISTRIBUTION LAWS
SECTION 1. G.S. 50‑20.1 reads as rewritten:
"§ 50‑20.1. Pension
and retirement Pension, retirement, and deferred compensation benefits.
(a) The award distribution
of vested marital pension, retirement, or other deferred
compensation benefits may be made payable:payable by any of the
following means:
(1) As a lump sum by agreement;from
the plan, program, system, or fund for those benefits subject to subsection (d1)
of this section.
(2) Over a period of time in
fixed amounts by agreement;from the plan, program, system, or fund
for those benefits subject to subsection (d1) of this section.
(3) By appropriate
domestic relations order as As a prorated portion of the benefits
made to the designated recipient recipient, if permitted by the plan,
program, system, or fund (i) at the time the party against whom the
award is made participant‑spouse is eligible to receive the
benefits, (ii) at the time the participant‑spouse actually begins to
receive the benefits; orbenefits, or (iii) at the participant‑spouse's
earliest retirement age. For purposes of this section, "participant‑spouse"
means the spouse who is a participant in the plan, program, system, or fund.
(4) By awarding a larger portion of other assets to the party not receiving the benefits and a smaller share of other assets to the party entitled to receive the benefits.
(5) As a lump sum, or over a period of time in fixed amounts, by agreement.
(b) The award distribution
of nonvested marital pension, retirement, or other deferred
compensation benefits may be made payable:payable by any of the
following means:
(1) As a lump sum by agreement;agreement.
(2) Over a period of time in
fixed amounts by agreement; oragreement.
(3) By appropriate
domestic relations order as As a prorated portion of the benefits
made to the designated recipient recipient, if permitted by the plan,
program, system, or fund (i) at the time the party against whom the
award is made participant‑spouse is eligible to receive the
benefits, (ii) at the time the participant‑spouse actually begins to
receive the benefits.benefits, or (iii) at the participant‑spouse's
earliest retirement age.
(c) Notwithstanding the
provisions of subsections (a) and (b) of this section, the court shall not
require the administrator of the fund or plan plan, program, system,
or fund involved to make any payments until the party against whom the
award is made actually begins to receive the benefits unless the plan permits
an earlier distribution.or distributions to the nonparticipant spouse,
except as permitted by the terms of the plan, program, system, or fund.
(d) The award When
the amount of the benefit payable by the plan, program, system, or fund to the
participant‑spouse is determined in whole or part by the length of time
of the participant‑spouse's employment, the marital portion shall be
determined using the proportion of time the marriage existed (up to the date of
separation of the parties), parties) simultaneously with the total
time of the employment which earned the vested and nonvested pension,
retirement, or deferred compensation benefit, benefit subject to
equitable distribution, to the total amount of time of employment. employment
that earned the benefit subject to equitable distribution. The award determination
shall be based on the vested and nonvested accrued benefit, as provided by
the plan or plan, program, system, or fund, calculated as of the
date of separation, and shall not include contributions, years of service, or
compensation which may accrue after the date of separation. The award shall
include gains and losses on the prorated portion of the benefit vested at the
date of separation.separation and cost‑of‑living
adjustments and similar enhancements to the participant's benefit. Notwithstanding
any other provision of this Chapter, if the court makes the award payable
pursuant to subdivision (a)(3) or (b)(3) of this section and the court divides
the marital portion of the benefit equally between the participant‑spouse
and nonparticipant spouse, the court shall not be required to determine the
total value of the marital benefits before classifying and distributing the
benefits. However, neither party shall be prohibited from presenting evidence
of the total value of any marital benefits or of any benefits that are separate
property of either spouse. When a pension, retirement, or deferred compensation
plan, program, system, or fund, or an applicable statute limits or restricts
the amount of the benefit subject to equitable distribution by a State court,
the award shall be determined using the proportion of time the marriage existed
(up to the date of separation of the parties) simultaneously with the total
time of the employment which earned the benefit subject to equitable
distribution to the total time of employment, as limited or restricted by the
plan, program, system, fund, or statute that earned the benefit subject to
equitable distribution.
(d1) When the amount of the benefit payable by the plan, program, system, or fund is not determined in whole or part by the length of time of the participant‑spouse's employment, but is instead based on contributions and held in one or more accounts with readily determinable balances, including, but not limited to, individual retirement accounts and defined contribution plans, such as those within the definitions of Internal Revenue Code section 401(k), 403(b), 408, 408A, or 457, the court shall not determine the award using the fraction described in subsection (d) of this section. The court instead shall determine the marital portion of the benefit by determining the amount of the account balance that is due to contributions made or earned during the marriage and before separation, together with the income, gains, losses, appreciation, and depreciation accrued on those contributions. If sufficient evidence is not presented to the court to allow the court to make this determination, the court shall then determine the marital portion of the benefit by using the fraction described in subsection (d) of this section, namely, by using the proportion of time the marriage existed (up to the date of separation of the parties) simultaneously with the employment which earned the benefit subject to equitable distribution to the total amount of time of employment. In either event, the award shall be based on the vested and nonvested accrued benefit as of the date of separation, together with the income, gains, losses, appreciation, and depreciation accrued after the date of separation on the date‑of‑separation benefits. However, the award shall not include contributions that may accrue or be made after the date of separation, or any income, gains, losses, appreciation, and depreciation accrued on those contributions.
(e) No award shall exceed
fifty percent (50%) of the benefits the person against whom the award is made
is entitled to receive as vested and nonvested pension, retirement, or other
deferred compensation benefits, except that an award may exceed fifty
percent (50%) if (i) other assets subject to equitable distribution are
insufficient; or (ii) there is difficulty in distributing any asset or any
interest in a business, corporation, or profession; or (iii) it is economically
desirable for one party to retain an asset or interest that is intact and free
from any claim or interference by the other party; or (iv) more than one
pension or retirement system or deferred compensation plan plan,
program, system, or fund is involved, but the benefits award may not exceed
fifty percent (50%) of the total benefits of all the plans added together; or
(v) both parties consent. In no event shall an award exceed fifty percent (50%)
if a plan plan, program, system, or fund prohibits an award in
excess of fifty percent (50%).
(f) In the event the person
receiving the award dies, the unpaid balance, if any, of the award shall pass
to the beneficiaries of the recipient by will, if any, or by intestate
succession, or by beneficiary designation with the plan plan,
program, system, or fund consistent with the terms of the plan plan,
program, system, or fund unless the plan plan, program, system,
or fund prohibits such designation. In the event the person against whom
the award is made dies, the award to the recipient shall remain payable to the
extent permitted by the pension or retirement system or deferred compensation plan
plan, program, system, or fund involved.
(f1) Whenever the award is made payable pursuant to subdivision (a)(3) or (b)(3) of this section, and the pension or retirement or deferred compensation plan, program, system, or fund permits the use of a "separate interest" approach in the order, there shall be a presumption, rebuttable by the greater weight of the evidence, that the "separate interest" approach shall be used to divide the benefit in question. For purposes of this section, the phrase "separate interest" approach means any method of dividing pension or retirement system or deferred compensation benefits in which the nonparticipant spouse, the spouse not a participant in the plan, program, system, or fund in question, receives an interest that allows the nonparticipant spouse to receive benefits in a manner independent, in whole or part, of the benefits received by the participant‑spouse, or to make elections concerning the receipt of benefits independently of the elections made by the participant‑spouse.
(f2) Whenever the pension or retirement or deferred compensation benefit is distributed pursuant to subdivision (a)(3) or (b)(3) of this section in an order that does not employ the "separate interest" approach, the court may, considering the length of the marriage and the ages of the parties, (i) award all or a portion of a survivor annuity to the nonparticipant spouse or former spouse and (ii) allocate the cost of providing the survivor annuity between the parties. The survivor annuity awarded by the court, if any, shall be allocated in accordance with the terms of the retirement plan, program, system, or fund.
(f3) Whenever the pension or retirement or deferred compensation plan, program, system, or fund does not automatically provide pre‑retirement survivor annuity protection for the nonparticipant spouse, the court shall order pre‑retirement survivor annuity protection for the nonparticipant spouse if permitted by the plan, program, system, or fund.
(f4) The court may allocate equally between the parties any fees assessed by a plan, program, system, or fund in order to process any domestic relations order or qualified domestic relations order.
(g) The court may require
distribution of the award by means of a qualified domestic relations order, or
as defined in section 414(p) of the Internal Revenue Code of 1986, or by domestic
relations order or other appropriate order. To facilitate the calculating
and payment of distributive awards, the administrator of the plan, program, system,
plan, or fund may be ordered to certify the total contributions, years
of service, and pension, retirement, or other deferred compensation benefits
payable.
(h) This section and
G.S. 50‑21 shall apply to all vested and nonvested pension,
retirement, and other deferred compensation plans and plans,
programs, systems, or funds, including vested and nonvested military
pensions eligible under the federal Uniform Services Former Spouses Protection
Act, and including funds administered by the State pursuant to Articles 84
through 88 of Chapter 58 and Chapters 120, 127A, 128, 135, 143, 143B, and 147
of the General Statutes, to the extent of a member's accrued benefit at the
date of separation, as determined by the court.including, but not
limited to, uniformed services retirement programs, federal government plans, State
government plans, local government plans, Railroad Retirement Act pensions,
executive benefit plans, church plans, charitable organization plans,
individual retirement accounts within the definitions of Internal Revenue Code
sections 408 and 408A, and accounts within the definitions of Internal Revenue
Code section 401(k), 403(b), or 457.
(i) If a plan, program, system, or fund deems unacceptable an order providing for a distribution of pension, retirement, or deferred compensation benefits, then the court may upon motion of a party enter a subsequent order clarifying or correcting its prior order, as may be necessary to comply with the specific technical requirements of the plan, program, system, or fund.
(j) Notwithstanding any other provision of this Chapter, a claim may be filed, either as a separate civil action or as a motion in the cause in an action brought pursuant to this Chapter, for an order effectuating the distribution of pension, retirement, or deferred compensation benefits provided for in a valid written agreement, as defined in G.S. 50‑20(d), whether or not a claim for equitable distribution has been filed or adjudicated. The court may enter an order effectuating the distribution provided for in the valid written agreement."
SECTION 1.1 G.S. 135‑9(a) reads as rewritten:
"(a) Except for the
applications of the provisions of G.S. 110‑136, and G.S. 110‑136.3
et seq., and in connection with a court‑ordered equitable distribution
under G.S. 50‑20, the right of a person to a pension, or annuity, or
a retirement allowance, to the return of contributions, the pension, annuity or
retirement allowance itself, any optional benefit or any other right accrued or
accruing to any person under the provisions of this Chapter, and the moneys in
the various funds created by this Chapter, are exempt from levy and sale,
garnishment, attachment, or any other process whatsoever, and shall be
unassignable except as in this Chapter specifically otherwise provided. Application
Notwithstanding any provisions to the contrary, application for
System approval of a domestic relations order dividing a person's interest
under the Retirement System shall be accompanied by an order consistent with
the system‑designed template order provided on the System's Web site. For
Notwithstanding any provisions to the contrary, the Retirement System
shall only make payment of a share of the member's retirement benefits to the
member's former spouse based upon a domestic relations order, and the former
spouse shall not be permitted to receive a share of the member's retirement
benefits until the member begins to receive the benefits, consistent with the
system‑designed template order. Notwithstanding any provisions to the
contrary, the former spouse shall not be entitled to any type or form of
benefit or any option not otherwise available to the member. Notwithstanding
any provisions to the contrary, for orders entered on or after January 1,
2015, payment to a member's former spouse pursuant to any such domestic
relations order shall be limited to the lifetime of that former spouse and,
upon the death of that former spouse, the former spouse's share shall revert to
the member."
SECTION 1.2 G.S. 128‑31(a) reads as rewritten:
"(a) Except for the
applications of the provisions of G.S. 110‑136, and G.S. 110‑136.3
et seq., and in connection with a court‑ordered equitable distribution
under G.S. 50‑20, the right of a person to a pension, an annuity, or
a retirement allowance, to the return of contributions, the pension, annuity or
retirement allowance itself, any optional benefit or any other right accrued or
accruing to any person under the provisions of this Article, and the moneys in
the various funds created by this Article, are exempt from levy and sale,
garnishment, attachment, or any other process whatsoever, and shall be
unassignable except as in this Article specifically otherwise provided. Application
Notwithstanding any provisions to the contrary, application for
System approval of a domestic relations order dividing a person's interest
under the Retirement System shall be accompanied by an order consistent with
the system‑designed template order provided on the System's Web site. For
Notwithstanding any provisions to the contrary, the Retirement System
shall only make payment of a share of the member's retirement benefits to the
member's former spouse based upon a domestic relations order, and the former
spouse shall not be permitted to receive a share of the member's retirement
benefits until the member begins to receive the benefits, consistent with the
system‑designed template order. Notwithstanding any provisions to the
contrary, the former spouse shall not be entitled to any type or form of
benefit or any option not otherwise available to the member. Notwithstanding
any provisions to the contrary, for orders entered on or after January 1,
2015, payment to a member's former spouse pursuant to any such domestic
relations order shall be limited to the lifetime of that former spouse and,
upon the death of that former spouse, the former spouse's share shall revert to
the member."
PART II. REVISE PARENTING COORDINATOR LAWS
SECTION 2. Article 5 of Chapter 50 of the General Statutes reads as rewritten:
"Article 5.
"Parenting Coordinator.
"§ 50‑90. Definitions.
As used in this Article, the following terms mean:
…
(4) Party. – Any person granted legal or physical custodial rights to a child in a child custody action.
"§ 50‑91. Appointment of parenting coordinator.
(a) The court may appoint or
reappoint a parenting coordinator at any time during the proceedings of in
a child custody action involving minor children brought under Article 1 of
this Chapter if all parties consent to the appointment. The parties may
agree to limit the parenting coordinator's decision‑making authority to
specific issues or areas.on or after the entry of a custody order, other
than an ex parte order, or upon entry of a contempt order involving a custody
issue pursuant to any of the following:
(1) All parties consent to the appointment and the scope of the parenting coordinator's authority.
(2) Upon motion of a party requesting the appointment of a parenting coordinator.
(3) Upon the court's own motion.
(b) The court may appoint
a parenting coordinator without the consent of the parties upon entry of a
custody order other than an ex parte order, or upon entry of a parenting plan
only if If the parties have not consented to the appointment of a
parenting coordinator, the court also makes shall make specific
findings that the action is a high‑conflict case, that the appointment of
the parenting coordinator is in the best interests of any minor child in the
case, and that the parties are able to pay for the cost of the parenting
coordinator. The court does not have to find a substantial change of
circumstance has occurred to appoint a parenting coordinator.
(c) The order appointing a
parenting coordinator shall specify the terms of the appointment and the
issues the parenting coordinator is directed to assist the parties in resolving
and deciding. The order may also incorporate any agreement regarding the
role of the parenting coordinator made by the parties under subsection (a) of
this section. The court shall give a copy of the appointment order to the
parties prior to the appointment conference. Notwithstanding the
appointment of a parenting coordinator, the court shall retain exclusive
jurisdiction to determine fundamental issues of custody, visitation, and
support, and the authority to exercise management and control of the case.
(d) The court shall select
a parenting coordinator shall be selected from a list maintained by
the district court. Prior to the appointment conference, the court must
complete and give to the parenting coordinator a referral form listing contact
information for the parties and their attorneys, the court's findings in
support of the appointment, and any agreement by the parties.appointment,
the court, the parties' attorneys, or the parties shall contact the parenting
coordinator to determine if the parenting coordinator is willing and able to
accept the appointment.
"§ 50‑92. Authority of parenting coordinator.
(a) The authority of a
parenting coordinator shall be specified in the court order appointing the
parenting coordinator and shall be limited to matters that will aid the parties:parties
in complying with the court's custody order, resolving disputes regarding
issues that were not specifically addressed in the custody order, or ambiguous
or conflicting terms in the custody order. The parenting coordinator's scope of
authority may include, but is not limited to, any of the following areas:
(1) Identify disputed
issues.Transition time, pickup, or delivery.
(2) Reduce
misunderstandings.Sharing of vacations and holidays.
(3) Clarify priorities.Method
of pickup and delivery.
(4) Explore possibilities
for compromise.Transportation to and from visitation.
(5) Develop methods of
collaboration in parenting.Participation in child or day care and
babysitting.
(6) Comply with the
court's order of custody, visitation, or guardianship.Bed time.
(7) Diet.
(8) Clothing.
(9) Recreation.
(10) Before‑ and after‑school activities.
(11) Extracurricular activities.
(12) Discipline.
(13) Health care management.
(14) Alterations in schedule that do not substantially interfere with the basic time‑share agreement.
(15) Participation in visitation, including significant others or relatives.
(16) Telephone contact.
(17) Alterations to appearance, including tattoos or piercings.
(18) The child's passport.
(19) Education.
(20) Other areas of specific authority as designated by the court or the parties.
(b) Notwithstanding
subsection (a) of this section, the court may authorize a parenting coordinator
to decide issues regarding the implementation of the parenting plan that are
not specifically governed by the court order and which the parties are unable
to resolve. The parties must comply with the parenting coordinator's decision
until the court reviews the decision. The parenting coordinator, any party, or
the attorney for any party may request an expedited hearing to review a
parenting coordinator's decision. Only the judge presiding over the case may
subpoena the parenting coordinator to appear and testify at the hearing.The
parenting coordinator shall decide any issue within the scope of the parenting
coordinator's authority, and the decision shall be enforceable as an order of
the court. The decision shall be in writing and provided to the parties and
their attorneys. So long as the custody order under which the decision is made
is in effect, the decision shall remain binding after the expiration of the
parenting coordinator's term unless the parenting coordinator or a subsequent
parenting coordinator modifies the decision or the court reviews and modifies
the decision.
(b1) Any party or attorney for the party may file a motion for the court to review a parenting coordinator's decision. The parties shall comply with the parenting coordinator's decision unless the court, after a review hearing, determines that (i) the parenting coordinator's decision is not in the child's best interests or (ii) the decision exceeded the scope of the parenting coordinator's authority. The moving party or the attorney for the moving party shall cause a subpoena to be issued for the parenting coordinator's attendance at the review hearing. At the conclusion of the review hearing, the court shall determine how the parenting coordinator's fees, as related to the review hearing, shall be apportioned between the parties. The court may review and modify a parenting coordinator's decision after the expiration of a parenting coordinator's term.
(c) The parenting
coordinator shall not provide any professional services or counseling to either
parent any party or any of the minor children.
(d) The parenting coordinator shall refer financial
issues related to the parenting coordinator's decisions to the parties'
parties or their attorneys.
"§ 50‑93. Qualifications.
(a) To be eligible to be included on the district court's list of parenting coordinators, a person must meet all of the following requirements:
(1) Hold a masters or
doctorate degree in psychology, law, social work, counseling, medicine, or a
related subject area.or counseling.
(2) Have at least five years of related professional post‑degree experience.
(3) Hold a current North
Carolina license in the parenting coordinator's area of practice, if
applicable.practice.
(4) Participate in 24 hours of training in topics related to the developmental stages of children, the dynamics of high‑conflict families, the stages and effects of divorce, problem solving techniques, mediation, and legal issues.
…
"§ 50‑94. Appointment conference.
(a) The parties, their attorneys, and the proposed parenting coordinator must all attend the appointment conference. However, no appointment conference is required if (i) the parenting coordinator's term is later extended, (ii) a subsequent parenting coordinator is appointed in the same matter, or (iii) the parties, their attorneys, and the proposed parenting coordinator consent to a waiver of the appointment conference by signing the proposed appointment order. The court shall not enter an order appointing a parenting coordinator or conduct an appointment conference unless a custody order has already been entered or is being simultaneously entered.
(b) At the time of the appointment conference, the court shall do all of the following:
(1) Explain to the parties the parenting coordinator's role, authority, and responsibilities as specified in the appointment order and any agreement entered into by the parties.
(2) Determine the information each party must
provide to the parenting coordinator.
(3) Determine financial arrangements for the parenting coordinator's fee to be paid by each party and authorize the parenting coordinator to charge any party separately for individual contacts made necessary by that party's behavior.
(4) Inform the parties, their attorneys, and the parenting coordinator of the rules regarding communications among them and with the court.
(5) Enter the appointment order.order
if the order has not yet been entered.
(c) The parenting coordinator and any guardians ad
litem shall bring to the appointment conference all necessary releases,
contracts, and consents. The parenting coordinator must also schedule the first
sessions with the parties.
"§ 50‑95. Fees.
(a) The parenting coordinator shall be entitled to
reasonable compensation from the parties for services rendered and to a
reasonable retainer. The parenting coordinator may request a hearing in the
event of a fee dispute.If a dispute arises regarding the payment of fees
or the retainer, the parenting coordinator may file a fee report and request a
hearing. If a party disputes the parenting coordinator's fees or the allocation
of those fees, the party may file a motion with the court requesting that the
court review the fees. The district court retains jurisdiction to resolve
disputes regarding the parenting coordinator's fees after the conclusion of the
parenting coordinator's term so long as the parenting coordinator's fee report
was filed in a timely manner.
(b) The court may make the appointment of a
parenting coordinator contingent upon the parties' payment of a specific fee to
the parenting coordinator. The parenting coordinator shall not begin any duties
until the fee has been paid.
"§ 50‑96. Meetings and communications.
Meetings and communications between
the parenting coordinator and the parties parties, the attorneys for
the parties, or any other person with information that assists the parenting
coordinator in the coordinator's duties may be informal and ex parte.
Communications between the parties and the parenting coordinator are not
confidential. The parenting coordinator and the court shall not engage in any
ex parte communications. Upon
request of the parenting coordinator, the parties shall timely execute any
releases necessary to facilitate communication with any person having
information that assists the parenting coordinator in the coordinator's duties.
The parenting coordinator, in the coordinator's discretion, may meet or
communicate with the minor children.
"§ 50‑97. Reports.
(a) The parenting
coordinator shall promptly provide written notification to the court, the
parties, and attorneys for the parties if the parenting coordinator makes any
of the following determinations:The parenting coordinator may file a
report with the court regarding any of the following:
(1) The parenting coordinator's belief that the existing custody order is not in the best interests of the child.
(2) The parenting coordinator
coordinator's determination that the parenting coordinator is not
qualified to address or resolve certain issues in the case.
(3) A party's noncompliance with a decision of the parenting coordinator or the terms of the custody order.
(4) The parenting coordinator's fees as set forth in G.S. 50‑95.
(5) The parenting coordinator's request that the parenting coordinator's appointment be modified or terminated.
(b) The court shall
schedule a hearing and review the matter no later than two weeks following
receipt of the report. The parenting coordinator shall remain involved in the
case until the hearing.Upon the filing
of a verified report by the parenting coordinator alleging that a party is not
complying with a decision of the parenting coordinator, not complying with the
terms of the custody order, or not paying the parenting coordinator's fees, the
court may issue an order directing a party to appear at a specified reasonable
time and show cause why the party shall not be held in contempt. Nothing in
this section prevents a party from filing the party's own motion regarding
noncompliance with a parenting coordinator's decision or noncompliance with the
terms of the custody order.
(c) If the parties agree
to any fundamental change in the child custody order, the parenting coordinator
shall send the agreement to the parties' attorneys for preparation of a consent
order.An expedited hearing shall be granted and shall occur within four weeks of the filing of the report unless
the parenting coordinator requests a longer length of time or the court has
already issued an order directing a party to show cause why the party shall not
be held in contempt.
(d) The court, after a hearing on the parenting coordinator's report, shall be authorized to issue temporary custody orders as may be required for a child's best interests.
"§ 50‑98. Parenting coordinator records.
(a) The parenting
coordinator shall provide the following to the attorneys for the parties and to
the parties:In the parenting coordinator's discretion, the parenting coordinator may release any
records held by the parenting coordinator to the parties or the attorneys for
the parties.
(1) A written summary of the developments in the
case following each meeting with the parties.
(2) Copies of any other written communications.
(b) The parenting
coordinator shall maintain records of each meeting. These records may only be
subpoenaed by order of the judge presiding over the case. The court must review
the records in camera and may release the records to the parties and their
attorneys only if the court determines release of the information contained in
the records will assist the parties with the presentation of their case at
trial.Any party may apply to the
judge presiding for the issuance of a subpoena to compel production of the
parenting coordinator's records. Any party who submits an application for a
subpoena shall provide reasonable notice to the parenting coordinator and the
parties so that any objection to the release of information or the manner of
the release of information may be considered prior to the issuance of a
subpoena.
"§ 50‑99. Modification or termination of parenting coordinator appointment.
(a) For good cause shown,
the court may terminate or modify the parenting coordinator appointment upon
motion of either party at the request of the parenting coordinator, any
party, upon the agreement of the parties and the parenting coordinator, parties,
or by the court on its own motion. Good cause includes any of the
following:
(1) Lack of reasonable progress over a significant
period of time despite the best efforts of the parties and the parenting coordinator.
(2) A determination that the parties no longer need
the assistance of a parenting coordinator.
(3) Impairment on the part of a party that
significantly interferes with the party's participation in the process.
(4) The parenting coordinator is unable or unwilling
to continue to serve.
(b) If the parties agreed
to the appointment of the parenting coordinator under G.S. 50‑91(a),
the court may terminate or modify the appointment according to that agreement
or according to a subsequent agreement by the parties.For good cause shown, the court may modify or terminate the
parenting coordinator's appointment upon request of the parenting coordinator
as set forth in G.S. 50‑97(a)(5).
(c) For purposes of termination or modification of the parenting coordinator's appointment, good cause may include, but is not limited to, any of the following:
(1) The lack of reasonable progress.
(2) A determination that the parties no longer need the assistance of a parenting coordinator.
(3) Impairment on the part of a party that significantly interferes with the party's participation in the process.
(4) The inability or unwillingness of the parenting coordinator to continue to serve.
…."
PART III. ADOPTION LAW CHANGES
SECTION 3. G.S. 48‑2‑100(c) reads as rewritten:
"(c) The courts of this
State shall not exercise jurisdiction under this Chapter if at the time the
petition for adoption is filed, a court of any other state is exercising
jurisdiction substantially in conformity with the Uniform Child‑Custody
Jurisdiction and Enforcement Act, Article 2 of Chapter 50A of the General
Statutes. However, this subsection shall not apply if prior and the
courts of this State may exercise jurisdiction under this Chapter if either of the
following apply:
(1) The matter in which the other state is exercising jurisdiction places custody of the adoptee in an agency, the petitioner, or another custodian expressly in support of an adoption plan that does not identify a specific prospective adoptive parent other than the petitioner.
(2) Prior to the decree of adoption being granted, the court of the other state dismisses its proceeding or releases its exclusive, continuing jurisdiction."
SECTION 4.(a) G.S. 48‑2‑205 reads as rewritten:
"§ 48‑2‑205. Recognition of adoption decrees from other jurisdictions.
A final adoption decree issued by any other state must be recognized in this State. Where a minor child has been previously adopted in a foreign country by a petitioner or petitioners seeking to readopt the child under the laws of North Carolina, the adoption order entered in the foreign country may be accepted in lieu of the consent of the biological parent or parents or the guardian of the child to the readoption. A man and a woman who adopted a minor child in a foreign country while married to one another must readopt jointly, regardless of whether they have since divorced. If either does not join in the petition, he or she must be joined as a necessary party as provided in G.S. 1A‑1, Rule 19. If a man and a woman have adopted a minor child in a foreign country while married to one another and one of them has died, then the survivor may petition for readoption, and the court shall issue any decree of adoption in the names of both of the man and the woman who adopted the minor child in a foreign country."
SECTION 4.(b) G.S. 48‑2‑301(c) reads as rewritten:
"(c) If the individual
who files the petition pursuant to Article 3 of this Chapter is
unmarried, no other individual may join in the petition, except that a man and
a woman who jointly adopted a minor child in a foreign country while married to
one another must readopt jointly as provided in G.S. 48‑2‑205.G.S. 48‑2‑205,
and the survivor of the man and the woman who jointly adopted a minor child in
a foreign country while married to one another may file to adopt in the names
of both, as provided in G.S. 48‑2‑205."
SECTION 5. G.S. 48‑2‑606(b) reads as rewritten:
"(b) In stating the date
and place of birth of an adoptee born outside the United States, the court shall:shall
do each of the following:
(1) Enter the date and
place of birth as stated in the certificate of birth from the country of
origin, the United States Department of State's report of birth abroad, or the
documents of the United States Immigration and Naturalization Service;Service
or a date of birth based upon medical evidence by affidavit or testimony as to the
probable chronological age of the adoptee and other evidence the court finds
appropriate to consider.
(2) If Enter the
place of birth as stated in the certificate of birth from the country of
origin, the United States Department of State's report of birth abroad, or the
documents of the United States Immigration and Naturalization Service or, if the
exact place of birth is unknown, enter the information that is known, including
the country of origin; andorigin.
(3) If the exact date of birth is unknown, determine
and enter a date of birth based upon medical evidence by affidavit or testimony
as to the probable chronological age of the adoptee and other evidence the
court finds appropriate to consider."
SECTION 6. G.S. 48‑3‑303(c)(12) reads as rewritten:
"(c) The preplacement assessment shall, after a reasonable investigation, report on the following about the individual being assessed:
…
(12) The agency preparing the
preplacement assessment may redact from the preplacement assessment provided to
a placing parent or guardian detailed information reflecting the prospective
adoptive parent's income and financial account balances income,
expenditures, assets, liabilities, and social security numbers, and
detailed information about the prospective adoptive parent's extended family
members, including surnames, names of employers, names of schools attended,
social security numbers, telephone numbers and addresses, and other similarly
detailed information about extended family members obtained under subsections
(b) and (c) of this section."
SECTION 7.(a) G.S. 48‑3‑605(c) is amended by adding a new subdivision to read:
"(c) An individual before whom a consent is signed and acknowledged under subsection (a) of this section shall certify in writing that to the best of the individual's knowledge or belief, the parent, guardian, or minor to be adopted executing the consent has met each of the following:
…
(5) Been advised of the right to seek the advice of legal counsel before executing the consent."
SECTION 7.(b) G.S. 48‑3‑606(14)c. reads as rewritten:
"§ 48‑3‑606. Content of consent; mandatory provisions.
A consent required from a minor to be adopted, a parent, or a guardian under G.S. 48‑3‑601 must be in writing and state each of the following:
…
(14) That the person executing the consent has:
…
c. Been advised of the right
to employ independent seek the advice of legal counsel."
SECTION 7.(c) G.S. 48‑3‑702(b1) is amended by adding a new subdivision to read:
"(b1) An individual before whom a relinquishment is signed and acknowledged under subsection (a) of this section shall certify in writing that to the best of the individual's knowledge or belief, the parent, guardian, or minor to be adopted executing the relinquishment has met each of the following:
…
(5) Been advised of the right to seek the advice of legal counsel before executing the relinquishment."
SECTION 7.(d) G.S. 48‑3‑703(a)(12)c. reads as rewritten:
"(a) A relinquishment executed by a parent or guardian under G.S. 48‑3‑701 must be in writing and state the following:
…
(12) That the individual executing the relinquishment has:
…
c. Been advised of the right
to employ independent seek the advice of legal counsel."
SECTION 8. G.S. 48‑9‑102 reads as rewritten:
"§ 48‑9‑102. Records confidential and sealed.
…
(d1) The Division, within 40 days after receipt of the record in subsection (d), shall conduct a limited review for the sole purpose of identifying any obvious error on the report to vital records that is prepared by the superior court clerk and to notify the clerk of the error. If the Division notifies the superior court clerk of an error in the report to vital records, then the clerk shall correct the report and return it to the Division within 10 days after receipt of the notice.
(e) The Division must shall, subject to the
review in (d1), cause the papers and reports related to the proceeding to
be permanently indexed and filed.
(f) The Division shall shall,
within 40 days after receiving it from the court, transmit a report of each
adoption and any name change to the State Registrar if the adoptee was born in
this State. In the case of an adoptee who was not born in this State, the
Division shall shall, within 40 days after receiving it from the
court, transmit the report and any name change to the appropriate official
responsible for issuing birth certificates or their equivalent.
…."
SECTION 9. G.S. 48‑9‑109(1) is amended by adding a new sub‑subdivision to read:
"§ 48‑9‑109. Certain disclosures authorized.
Nothing in this Article shall be interpreted or construed to prevent:
(1) An employee of a court, agency, or any other person from:
…
d. Giving a file‑stamped copy of a document to a person, or to the legal representative of a person, who has filed the document in an adoption proceeding."
SECTION 10. G.S. 1‑597 reads as rewritten:
"§ 1‑597. Regulations for newspaper publication of legal notices, advertisements, etc.
(a) Whenever a notice or any other paper, document or legal advertisement of any kind or description shall be authorized or required by any of the laws of the State of North Carolina, heretofore or hereafter enacted, or by any order or judgment of any court of this State to be published or advertised in a newspaper, such publication, advertisement or notice shall be of no force and effect unless it shall be published in a newspaper with a general circulation to actual paid subscribers which newspaper at the time of such publication, advertisement or notice, shall have been admitted to the United States mails in the Periodicals class in the county or political subdivision where such publication, advertisement or notice is required to be published, and which shall have been regularly and continuously issued in the county in which the publication, advertisement or notice is authorized or required to be published, at least one day in each calendar week for at least 25 of the 26 consecutive weeks immediately preceding the date of the first publication of such advertisement, publication or notice; provided that in the event that a newspaper otherwise meeting the qualifications and having the characteristics prescribed by G.S. 1‑597 to 1‑599, should fail for a period not exceeding four weeks in any calendar year to publish one or more of its issues such newspaper shall nevertheless be deemed to have complied with the requirements of regularity and continuity of publication prescribed herein. Provided further, that where any city or town is located in two or more adjoining counties, any newspaper published in such city or town shall, for the purposes of G.S. 1‑597 to 1‑599, be deemed to be admitted to the mails, issued and published in all such counties in which such town or city of publication is located, and every publication, advertisement or notice required to be published in any such city or town or in any of the counties where such city or town is located shall be valid if published in a newspaper published, issued and admitted to the mails anywhere within any such city or town, regardless of whether the newspaper's plant or the post office where the newspaper is admitted to the mails is in such county or not, if the newspaper otherwise meets the qualifications and requirements of G.S. 1‑597 to 1‑599. This provision shall be retroactive to May 1, 1940, and all publications, advertisements and notices published in accordance with this provision since May 1, 1940, are hereby validated.
(b) Notwithstanding the provisions of G.S. 1‑599, whenever a notice or any other paper, document or legal advertisement of any kind or description shall be authorized or required by any of the laws of the State of North Carolina, heretofore or hereafter enacted, or by any order or judgment of any court of this State to be published or advertised in a newspaper qualified for legal advertising in a county and there is no newspaper qualified for legal advertising as defined in this section in such county, then it shall be deemed sufficient compliance with such laws, order or judgment by publication of such notice or any other such paper, document or legal advertisement of any kind or description in a newspaper published in an adjoining county or in a county within the same district court district as defined in G.S. 7A‑133 or superior court district or set of districts as defined in G.S. 7A‑41.1, as the case may be; provided, if the clerk of the superior court finds as a fact that such newspaper otherwise meets the requirements of this section and has a general circulation in such county where no newspaper is published meeting the requirements of this section.
(c) Whenever a notice or any other paper, document, or legal advertisement of any kind or description is required to be published in a jurisdiction outside of North Carolina where legal notices are customarily published in specialized legal publications, any form of publication which meets the requirements for legal notices under the law of the locality where it is published shall be deemed sufficient under this section."
SECTION 11. Article 38 of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B‑3807. Adoption of the Interstate Compact on the Placement of Children regulations.
The Interstate Compact on the Placement of Children regulations and any subsequent amendments that are adopted by the Association of Administrators of the Interstate Compact on the Placement of Children of the American Public Human Service Association are hereby enacted into law and shall apply to all interstate placements of children between North Carolina and jurisdictions that are a party to this Compact."
SECTION 12. Article 38 of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B‑3808. Action for Interstate Compact administrator to forward a request.
The Interstate Compact on the Placement of Children office at the Department of Health and Human Services has the authority to request supporting or additional information necessary to carry out the purpose and policy of the compact and to require assurance that the placement meets all applicable North Carolina placement statutes. Any sending agency that intends to place a child into and out of North Carolina shall submit a complete request to the Interstate Compact on the Placement of Children office at the Department of Health and Human Services. To be considered a complete request, the submission must comply with the Interstate Compact on the Placement of Children regulations and include any supporting additional information that the Department of Health and Human Services or the receiving state deems necessary. Unless otherwise provided by the Interstate Compact on the Placement of Children regulations, when the Department of Health and Human Services receives an incomplete request, the Department of Health and Human Services shall provide either the sending agency in North Carolina or the receiving state with written notice of the specific information needed to process the request and shall allow the sending agency 10 business days from the date of the notice to submit the requested information. If after the expiration of the 10 business days the Interstate Compact on the Placement of Children office at the Department of Health and Human Services does not receive the requested information or the sending agency does not withdraw its request, the request shall be deemed expired."
PART IV. EFFECTIVE DATE
SECTION 13. Part II and Part III of this act become effective October 1, 2019. Part I of this act becomes effective October 1, 2019, and applies to distributions on or after that date. Except as otherwise provided, the act is effective when it becomes law.
In the General Assembly read three times and ratified this the 15th day of July, 2019.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 12:09 p.m. this 26th day of July, 2019