A BILL TO BE ENTITLED
AN ACT to make revisions under the juvenile code regarding guardians ad litem.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7B‑304 is repealed.
SECTION 2.  G.S. 7B‑808 reads as rewritten:
"§ 7B‑808.  Predisposition  report.
(a)	In all cases in which a petition is filed, the director of the department of social services shall prepare a predisposition report for the court containing the results of any mental health evaluation of a juvenile under G.S. 7B-503 and a placement and treatment plan the director deems appropriate to meet the juvenile's needs. In cases where no predisposition report is available and the court makes a written finding that a report is not needed, the court may proceed with the dispositional hearing without receiving a predisposition report.
(b)	The chief district court judge may adopt local rules or make an administrative order addressing the sharing of the reports among parties, including an order that prohibits disclosure of the report to the juvenile if the court determines that disclosure would not be in the best interest of the child. However, in no event shall this provision prevent a party who is entitled by law to receive confidential information from receiving the information.
(c)	The court shall proceed to the dispositional hearing upon receipt of sufficient social, medical, psychiatric, psychological, and educational information. No predisposition report shall be submitted to or considered by the court prior to the completion of the adjudicatory hearing. "
SECTION 3.  G.S. 7B‑1111(a)(6) reads as rewritten:
"(a)	The court may terminate the parental rights upon a finding of one or more of the following:
…
(6)	That the parent is incapable of providing for the proper care and supervision of the juvenile, such that the juvenile is a dependent juvenile within the meaning of G.S. 7B‑101, and that there is a reasonable probability that such incapability will continue for the foreseeable future. Incapability under this subdivision may be the result of substance abuse, mental retardation, mental illness, organic brain syndrome, or any other cause or condition that renders the parent unable or unavailable to parent the child and the parent has no appropriate alternative child care arrangement.
…."
SECTION 4.  G.S. 7B‑1101 reads as rewritten:
"§ 7B‑1101.  Jurisdiction.
The court shall have exclusive original jurisdiction to hear and determine any petition or motion relating to termination of parental rights to any juvenile who resides in, is found in, or is in the legal or actual custody of a county department of social services or licensed child‑placing agency in the district at the time of filing of the petition or motion. The court shall have jurisdiction to terminate the parental rights of any parent irrespective of the age of the parent. The parent has the right to counsel and to appointed counsel in cases of indigency unless the parent waives the right. The fees of appointed counsel shall be borne by the Office of Indigent Defense Services. In addition to the right to appointed counsel set forth above, a guardian ad litem shall be appointed in accordance with the provisions of G.S. 1A‑1, Rule 17, to represent a parent in the following cases:
(1)	Where it is alleged that a parent's rights should be terminated pursuant to G.S. 7B-1111(6), and the incapability to provide proper care and supervision pursuant to that provision is the result of substance abuse, mental retardation, mental illness, organic brain syndrome, or another similar cause or condition.
(2)	Where the parent is under the age of 18 years.
The fees of the guardian ad litem shall be borne by the Office of Indigent Defense Services when the court finds that the respondent is indigent. In other cases the fees of the court‑appointed guardian ad litem shall be a proper charge against the respondent if the respondent does not secure private legal counsel. Provided, that before exercising jurisdiction under this Article, the court shall find that it would have jurisdiction to make a child‑custody determination under the provisions of G.S. 50A‑201, 50A‑203, or 50A‑204. Provided, further, that the clerk of superior court shall have jurisdiction for adoptions under the provisions of G.S. 48‑2‑100 and Chapter 48 of the General Statutes generally."
SECTION 5.  G.S. 7B‑100 is amended by adding the following new subdivision to read:
"This Subchapter shall be interpreted and construed so as to implement the following purposes and policies:
…
(5)	To provide standards, consistent with the Adoption and Safe Families Act of 1997, P.L. 105-89, for ensuring that the best interests of the juvenile are of paramount consideration by the court and that when it is not in the juvenile's best interest to be returned home, the juvenile will be placed in a safe, permanent home within a reasonable amount of time."
SECTION 6.  G.S. 7B‑406(a) reads as rewritten:
"(a)	Immediately after a petition has been filed alleging that a juvenile is abused, neglected, or dependent, the clerk shall issue a summons to the parent, guardian, custodian, or caretaker requiring that person to appear for a hearing at the time and place stated in the summons. When the petition alleges abuse or neglect, the clerk shall provide a copy of the petition and notice of hearing to the local guardian ad litem office. A copy of the petition shall be attached to each summons. Service of the summons shall be completed as provided in G.S. 7B‑407, but the parent of the juvenile shall not be deemed to be under a disability even though the parent is a minor."
SECTION 7.  G.S. 7B‑1001 reads as rewritten:
"§ 7B‑1001.  Right to appeal.
Upon motion of a proper party as defined in G.S. 7B‑1002, review of any final order of the court in a juvenile matter under this Article shall be before the Court of Appeals. Notice of appeal shall be given in writing within 10 days after entry of the order and, in the case of appeals taken by the respondent parent, signed by both the respondent parent and the attorney for the respondent parent. However, if no disposition is made within 60 days after entry of the order, written notice of appeal may be given within 70 days after such entry. A final order shall include:
(1)	Any order finding absence of jurisdiction;
(2)	Any order which in effect determines the action and prevents a judgment from which appeal might be taken;
(3)	Any order of disposition after an adjudication that a juvenile is abused, neglected, or dependent; or
(4)	Any order modifying custodial rights."
SECTION 8.  G.S. 7B‑1113 reads as rewritten:
"§ 7B‑1113.  Appeals; modification of order after affirmation.
Any juvenile, juvenile acting through the juvenile's guardian ad litem if one is appointed, parent, guardian, custodian, or agency who is a party to a proceeding under this Article may appeal from an adjudication or any order of disposition to the Court of Appeals, provided that notice of appeal is given in writing within 10 days after entry of the order. In the case of appeals taken by the respondent parent, the notice of appeal must be signed by both the respondent parent and the attorney for the respondent parent. Entry of an order shall be treated in the same manner as entry of a judgment under G.S. 1A‑1, Rule 58 of the North Carolina Rules of Civil Procedure. Pending disposition of an appeal, the court may enter a temporary order affecting the custody or placement of the juvenile as the court finds to be in the best interests of the juvenile or the best interests of the State. Upon the affirmation of the order of adjudication or disposition of the court in a juvenile case by the Court of Appeals, or by the Supreme Court in the event of an appeal, the court shall have authority to modify or alter its original order of adjudication or disposition as the court finds to be in the best interests of the juvenile to reflect any adjustment made by the juvenile or change in circumstances during the period of time the case on appeal was pending, provided that if the modifying order be entered ex parte, the court shall give notice to interested parties to show cause, if any there be, within 10 days thereafter, as to why the modifying order should be vacated or altered."
SECTION 9.  G.S. 7B‑1108(b) reads as rewritten:
"(b)	If an answer or response denies any material allegation of the petition or motion, the court shall appoint a guardian ad litem for the juvenile to represent the best interests of the juvenile, unless the petition or motion was filed by the guardian ad litem pursuant to G.S. 7B‑1103, or a guardian ad litem has already been appointed pursuant to G.S. 7B‑601. A licensed attorney shall be appointed to assist those guardians ad litem who are not attorneys licensed to practice in North Carolina. The appointment, duties, and payment of the guardian ad litem shall be the same as in G.S. 7B‑601 and G.S. 7B-603, but in no event shall a guardian ad litem who is trained and supervised by the Guardian ad Litem program be appointed to any case unless the child is or has been the subject of a petition for abuse, neglect, or dependency. The court shall conduct a special hearing after notice of not less than 10 days nor more than 30 days given by the petitioner or movant to the respondent who answered or responded, and the guardian ad litem for the juvenile to determine the issues raised by the petition and answer or motion and response.
Notice of the hearing shall be deemed to have been given upon the depositing thereof in the United States mail, first‑class postage prepaid, and addressed to the respondent, and guardian ad litem or their counsel of record, at the addresses appearing in the petition or motion and responsive pleading."
SECTION 10.  G.S. 7B‑1003 reads as rewritten:
"§ 7B‑1003.  Disposition pending appeal.
Pending disposition of an appeal, the return of the juvenile to the custody of the parent or guardian of the juvenile, with or without conditions, may issue unless the court orders otherwise. When the court has found that a juvenile has suffered physical abuse and that the individual responsible for the abuse has a history of violent behavior, the court shall consider the opinion of the mental health professional who performed the evaluation under G.S. 7B‑503(b) before returning the juvenile to the custody of that individual. For compelling reasons which must be stated in writing, the court may enter a temporary order affecting the custody or placement of the juvenile as the court finds to be in the best interests of the juvenile or the State. The provisions of subsections (b) and (c) of G.S. 7B‑905 shall apply to any order entered under this section which provides for the placement or continued placement of a juvenile in foster care."
SECTION 11.  G.S. 7B‑907 is amended by adding a new subsection to read:
"(f)	If the court determines that the child shall be placed in the custody of an individual other than the parents or appoints an individual guardian of the person pursuant to G.S. 7B-600, the court shall verify that the person receiving custody or being appointed as guardian of the child understands the legal significance of the placement or appointment and will have adequate resources to care appropriately for the child."
SECTION 12.  G.S. 14‑16.10(1) reads as rewritten:
"The following definitions apply in this Article:
(1)	Court officer. – Magistrate, clerk of superior court, acting clerk, assistant or deputy clerk, judge, or justice of the General Court of Justice; district attorney, assistant district attorney, or any other attorney designated by the district attorney to act for the State or on behalf of the district attorney; public defender or assistant defender; court reporter; juvenile court counselor as defined in G.S. 7B-1501(18a); any attorney or other individual employed by or acting on behalf of the department of social services in proceedings pursuant to Subchapter I of Chapter 7B of the General Statutes; any attorney or other individual appointed pursuant to G.S. 7B-601 or G.S. 7B-1108 or employed by the Guardian ad Litem Services Division of the Administrative Office of the Courts."
SECTION 13.  This act is effective when it becomes law.