A BILL TO BE ENTITLED
AN ACT to restrict the authority of a social worker to enter a private residence for investigation purposes.
Whereas, the Fourth Amendment to the Constitution of the United States reads:
"Amendment IV.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."; and
Whereas, the United States Supreme Court held in the cases of Wolf v. Colorado, 338 U.S. 25 (1949) and Mapp v. Ohio, 367 U.S. 643 (1961), that the Fourteenth Amendment has the effect of applying the Fourth Amendment to the states; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7B‑302 is amended by adding a new subsection to read:
"(h)	A social services worker may not enter a private residence for investigation purposes without at least one of the following:
(1)	The social services worker reasonably believes the child to be in imminent danger.
(2)	The permission of the parent or person responsible for the child'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."
SECTION 2.  This act becomes effective October 1, 2003.