A BILL TO BE ENTITLED
AN ACT to clarify and make technical corrections to the child welfare laws and to enhance the state's ability to protect children.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7B‑407 reads as rewritten:
"§ 7B‑407.  Service of summons.
The summons shall be personally served in accordance with G.S. 1A-1, Rule 4(j) upon the parent, guardian, custodian, or caretaker, not less than five days prior to the date of the scheduled hearing. The time for service may be waived in the discretion of the court.
If the parent, guardian, custodian, or caretaker entitled to receive a summons cannot be found by a diligent effort, the court may authorize service of the summons and petition by mail or by publication. The cost of the service by publication shall be advanced by the petitioner and may be charged as court costs as the court may direct.
If the parent, guardian, custodian, or caretaker is personally served as herein provided and fails without reasonable cause to appear and to bring the juvenile before the court, the parent, guardian, custodian, or caretaker may be proceeded against as for contempt of court."
SECTION 2.  G.S. 7B‑1109(d) reads as rewritten:
"(d)	The court may for good cause shown continue the hearing for such time as is reasonably required to receive additional evidence, any reports or assessments which the court has requested, or any other information needed in the best interests of the juvenile and to allow for a reasonable time for the parties to conduct expeditious discovery. Otherwise, continuances shall be granted only in extraordinary circumstances when necessary for the proper administration of justice or in the best interest of the juvenile. If the court, pursuant to this subsection, continues the hearing to a time that is more than 90 days from the filing of the initial petition or motion, the court shall reduce its order to writing and state in the written order its reason for granting the continuance."
SECTION 3.  G.S. 110‑132(a) reads as rewritten:
"(a)	In lieu of or in conclusion of any legal proceeding instituted to establish paternity, the written affidavits of parentage executed by the putative father and the mother of the dependent child shall constitute an admission of paternity and shall have the same legal effect as a judgment of paternity, subject to the right of either signatory to rescind within the earlier of:
(1)	60 days of the date the document is executed, or
(2)	The date of entry of an order establishing paternity or an order for the payment of child support."
SECTION 4.  G.S. 115C‑378 reads as rewritten:
"§ 115C‑378.  Children required to attend.
Every parent, guardian or other person in this State having charge or control of a child between the ages of seven and 16 years shall cause such child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session. Every parent, guardian, or other person in this State having charge or control of a child under age seven who is enrolled in a public school in grades kindergarten through two shall also cause such child to attend school continuously for a period equal to the time which the public school to which the child is assigned shall be in session unless the child has withdrawn from school. No person shall encourage, entice or counsel any such child to be unlawfully absent from school. The parent, guardian, or custodian of a child shall notify the school of the reason for each known absence of the child, in accordance with local school policy.
The principal, superintendent, or teacher who is in charge of such school shall have the right to excuse a child temporarily from attendance on account of sickness or other unavoidable cause which does not constitute unlawful absence as defined by the State Board of Education. The term "school" as used herein is defined to embrace all public schools and such nonpublic schools as have teachers and curricula that are approved by the State Board of Education.
All nonpublic schools receiving and instructing children of a compulsory school age shall be required to keep such records of attendance and render such reports of the attendance of such children and maintain such minimum curriculum standards as are required of public schools; and attendance upon such schools, if the school refuses or neglects to keep such records or to render such reports, shall not be accepted in lieu of attendance upon the public school of the district to which the child shall be assigned: Provided, that instruction in a nonpublic school shall not be regarded as meeting the requirements of the law unless the courses of instruction run concurrently with the term of the public school in the district and extend for at least as long a term.
The principal or his designee shall notify the parent, guardian, or custodian of his child's excessive absences after the child has accumulated three unexcused absences in a school year. After not more than six unexcused absences, the principal shall notify the parent, guardian, or custodian by mail that he may be in violation of the Compulsory Attendance Law and may be prosecuted if the absences cannot be justified under the established attendance policies of the State and local boards of education. Once the parents are notified, the school attendance counselor shall work with the child and his family to analyze the causes of the absences and determine steps, including adjustment of the school program or obtaining supplemental services, to eliminate the problem. The attendance counselor may request that a law‑enforcement officer accompany him if he believes that a home visit is necessary.
After 10 accumulated unexcused absences in a school year, the principal shall review any report or investigation prepared under G.S. 115C‑381 and shall confer with the student and his parent, guardian, or custodian, if possible, to determine whether the parent, guardian, or custodian has received notification pursuant to this section and made a good faith effort to comply with the law. If the principal determines that the parent, guardian, or custodian has not made a good faith effort to comply with the law, the principal shall notify the district attorney and the director of social services of the county or city where the case arose. After the principal has made a determination based on the report or investigation prepared pursuant to G.S. 115C-381, the director shall then decide whether to undertake a protective services assessment against the parent, guardian, or custodian for educational neglect. If the principal determines that the parent, guardian, or custodian made a good faith effort to comply with the law, the principal may file a complaint with the juvenile court counselor pursuant to Chapter 7B of the General Statutes that the child is habitually absent from school without a valid excuse. Evidence that shows that the parents, guardian, or custodian were notified and that the child has accumulated 10 absences which cannot be justified under the established attendance policies of the local board shall establish a prima facie case that the child's parent, guardian, or custodian is responsible for the absences."
SECTION 5.  G.S. 131D‑10.6B reads as rewritten:
"§ 131D‑10.6B.  Maintaining a register of applicants by the Division of Social Services.	
(a1)	The Division of Social Services shall keep a register of all family foster and therapeutic foster home applicants. The register shall be available to the public upon request and upon payment of a reasonable fee for copying as established by the Division of Social Services. The register shall state all of the following:
(1)	The name, age, and address of each applicant.
(2)	The date of the application.
(3)	The applicant's supervising agency.
(4)	Any mandated training completed by the applicant and the dates of training.
(5)	Whether the applicant was licensed and the date of the initial licensure.
(6)	The current licensing period.
(7)	Any adverse licensing actions.
(8)	Any other information deemed necessary by the Division of Social Services.	
(b1)	Applications of family foster and therapeutic foster home applicants and all other related materials, including letters of reference, mutual home assessments, or medical, psychological, financial, or other personal background information or history of applicants, the applicants' family, or members of the applicants' household, shall be treated as confidential and not as 'public records' subject to disclosure pursuant to Chapter 132 of the General Statutes.			"
SECTION 6.  G.S. 143B‑150.20 reads as rewritten:
"§ 143B‑150.20.  State Child Fatality Review Team; establishment; purpose; powers; duties; report by Division of Social Services.
(a)	There is established in the Department of Health and Human Services, Division of Social Services, a State Child Fatality Review Team to conduct in‑depth reviews of any child fatalities which have occurred involving children and families involved with local departments of social services child protective services in the 12 months preceding the fatality. Steps in this in‑depth review shall include interviews with any individuals determined to have pertinent information as well as examination of any written materials containing pertinent information.
(b)	The purpose of these reviews shall be to implement a team approach to identifying factors which may have contributed to conditions leading to the fatality and to develop recommendations for improving coordination between local and State entities which might have avoided the threat of injury or fatality and to identify appropriate remedies. The Division of Social Services shall make public the findings and recommendations developed for each fatality reviewed relating to improving coordination between local and State entities. These findings shall not be admissible as evidence in any civil or administrative proceedings against individuals or entities that participate in child fatality reviews conducted pursuant to this section. The State Child Fatality Review Team shall consult with the appropriate district attorney in accordance with G.S. 7B‑2902(d) prior to the public release of the findings and recommendations.
(c)	The State Child Fatality Review Team shall include representatives of the local departments of social services and the Division of Social Services, a member of the local Community Child Protection Team, a member of the local child fatality prevention team, a representative from local law enforcement, a prevention specialist, and a medical professional.
(d)	The State Child Fatality Review Team shall have access to all medical records, hospital records, and records maintained by this State, any county, or any local agency as necessary to carry out the purposes of this subsection, including police investigative data, medical examiner investigative data, health records, mental health records, and social services records. The State Child Fatality Review Team may receive a copy of any reviewed materials necessary to the conduct of the fatality review. Any member of the State Child Fatality Review Team may share, only in an official meeting of the State Child Fatality Review Team, any information available to that member that the State Child Fatality Review Team needs to carry out its duties.
(d1)	Pursuant to subsection (d) of this section, if a request for records by the State Child Fatality Review Team is denied or a response to its request is not immediately forthcoming, the State Child Fatality Review Team may apply for an order compelling disclosure. The application shall state, with reasonable particularity, factors supporting the need for an order compelling disclosure. The State Child Fatality Review Team shall file the application in Wake County Superior Court and the Court shall have jurisdiction to issue any orders compelling disclosure. Actions brought pursuant to this section shall be scheduled for immediate hearing, and subsequent proceedings in these actions shall be given priority by the appellate courts. After a hearing, the Court shall issue an order compelling disclosure unless the court finds that the disclosure of the requested records is not permitted by federal law and regulations.
(e)	Meetings of the State Child Fatality Review Team are not subject to the provisions of Article 33C of Chapter 143 of the General Statutes. However, the State Child Fatality Review Team may hold periodic public meetings to discuss, in a general manner not revealing confidential information about children and families, the findings of their reviews and their recommendations for preventive actions. Minutes of all public meetings, excluding those of closed sessions, shall be kept in compliance with Article 33C of Chapter 143 of the General Statutes. Any minutes or any other information generated during any executive session shall be sealed from public inspection.
(f)	All otherwise confidential information and records acquired by the State Child Fatality Review Team, in the exercise of its duties are confidential; are not subject to discovery or introduction into evidence in any proceedings except pursuant to an order of the court; and may only be disclosed as necessary to carry out the purposes of the State Child Fatality Review Team. In addition, all otherwise confidential information and records created by the State Child Fatality Review Team in the exercise of its duties are confidential; are not subject to discovery or introduction into evidence in any proceedings; and may only be disclosed as necessary to carry out the purposes of the State Child Fatality Review Team. No member of the State Child Fatality Review Team, nor any person who attends a meeting of the State Child Fatality Review Team, may testify in any proceeding about what transpired at the meeting, about information presented at the meeting, or about opinions formed by the person as a result of the meetings. This subsection shall not, however, prohibit a person from testifying in a civil or criminal action about matters within that person's independent knowledge.
(g)	Each member of the State Child Fatality Review Team and invited participant shall sign a statement indicating an understanding of and adherence to confidentiality requirements, including the possible civil or criminal consequences of any breach of confidentiality.
	"
SECTION 7.  G.S. 153A‑257 is amended by adding a new subsection to read:
"(d)	If two or more county departments of social services differ regarding the legal residence of a minor in a child abuse, neglect, or dependency case, either county department of social services may refer the factual situation to the Department of Health and Human Services, Division of Social Services. After reviewing the pertinent background facts of the case, the Director of the Division of Social Services or the Director's designee shall determine which county department of social services shall be responsible for providing protective services and financial support for the minor in question. Since the Department of Health and Human Services is the supervising agency under Chapter 108A of the General Statutes for the county-administered programs, the determination of the Director or the Director's designee regarding the minor's legal residence for social services purposes is binding upon the county departments of social services and counties and is not subject to judicial review."
SECTION 8.  This act is effective when it becomes law.