H612 - Fostering Care in NC Act. (SL 2025-16)

Overview: Part III of S.L. 2025-16 (House Bill 612) expands the offenses for which a permanent no contact order may be issued by the court at sentencing and modifies felony child abuse laws.

Permanent No Contact Orders

This part expands the ability of a court to issue a permanent no contact order against a defendant at sentencing as follows:

• Expands the offenses for which the order may be issued to include any Class A through G felony and any offense of strangulation inflicting serious injury.  Previously, the order was only allowed for offenses requiring sex offender registration.
• Authorizes the court to include members of the victim's immediate family in the order, if the immediate family members are specifically identified.

Felony Child Abuse

This part modifies the offense of felony child abuse as follows:

• Broadens the applicability of the Class D felony for committing or allowing the commission of any sexual act upon a child less than 16 to apply to any person providing care to or supervision of the child.  Previously, the offense required the person to be a parent or legal guardian.
• Adds an additional Class B2 felony for a parent of or any other person providing care to or supervision of a child less than 16 years of age who intentionally and routinely inflicts physical injury on the child and deprives the child of necessary food, clothing, shelter, or proper physical care for the purpose of causing fear, emotional injury, or deriving sexual gratification.
• Provides that "grossly negligent omission", which is a term used in several existing provisions, includes the failure to report a child as missing to law enforcement as provided in G.S. 14-318.5(b).

These provisions become effective December 1, 2025, and apply to offenses committed on or after that date.