AN ACT to make technical and clarifying changes to the juvenile code.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 7B‑101(1)d. reads as rewritten:
"(1)	Abused juveniles. – Any juvenile less than 18 years of age whose parent, guardian, custodian, or caretaker:
…
d.	Commits, permits, or encourages the commission of a violation of the following laws by, with, or upon the juvenile: first‑degree rape, as provided in G.S. 14‑27.2; rape of a child by an adult offender, as provided in G.S. 14‑27.2A; second degree rape as provided in G.S. 14‑27.3; first‑degree sexual offense, as provided in G.S. 14‑27.4; sexual offense with a child by an adult offender, as provided in G.S. 14‑27.4A; second degree sexual offense, as provided in G.S. 14‑27.5; sexual act by a custodian, as provided in G.S. 14‑27.7; crime against nature, as provided in G.S. 14‑177; incest, as provided in G.S. 14‑178; preparation of obscene photographs, slides, or motion pictures of the juvenile, as provided in G.S. 14‑190.5; employing or permitting the juvenile to assist in a violation of the obscenity laws as provided in G.S. 14‑190.6; dissemination of obscene material to the juvenile as provided in G.S. 14‑190.7 and G.S. 14‑190.8; displaying or disseminating material harmful to the juvenile as provided in G.S. 14‑190.14 and G.S. 14‑190.15; first and second degree sexual exploitation of the juvenile as provided in G.S. 14‑190.16 and G.S. 14‑190.17; promoting the prostitution of the juvenile as provided in G.S. 14‑190.18; and taking indecent liberties with the juvenile, as provided in G.S. 14‑202.1.
…."
SECTION 2.  G.S. 7B‑1104 reads as rewritten:
"§ 7B‑1104.  Petition or motion.
The petition, or motion pursuant to G.S. 7B‑1102, shall be verified by the petitioner or movant and shall be entitled "In Re (last name of juvenile), a minor juvenile", who shall be a party to the action, and shall set forth such of the following facts as are known; and with respect to the facts which are unknown the petitioner or movant shall so state:
(1)	The name of the juvenile as it appears on the juvenile's birth certificate, the date and place of birth, and the county where the juvenile is presently residing.
(2)	The name and address of the petitioner or movant and facts sufficient to identify the petitioner or movant as one authorized by G.S. 7B‑1103 to file a petition or motion.
(3)	The name and address of the parents of the juvenile. If the name or address of one or both parents is unknown to the petitioner or movant, the petitioner or movant shall set forth with particularity the petitioner's or movant's efforts to ascertain the identity or whereabouts of the parent or parents. The information may be contained in an affidavit attached to the petition or motion and incorporated therein by reference. A person whose actions resulted in a conviction under G.S. 14‑27.2 or G.S. 14‑27.3 and the conception of the juvenile need not be named in the petition.
(4)	The name and address of any person who has been judicially appointed as guardian of the person of the juvenile.
(5)	The name and address of any person or agency to whom custody of the juvenile has been given by a court of this or any other state; and a copy of the custody order shall be attached to the petition or motion.
(6)	Facts that are sufficient to warrant a determination that one or more of the grounds for terminating parental rights exist.
(7)	That the petition or motion has not been filed to circumvent the provisions of Article 2 of Chapter 50A of the General Statutes, the Uniform Child‑Custody Jurisdiction and Enforcement Act."
SECTION 3.  G.S. 7B‑1106 reads as rewritten:
"§ 7B‑1106.  Issuance of summons.
(a)	Except as provided in G.S. 7B‑1105, upon the filing of the petition, the court shall cause a summons to be issued. The summons shall be directed to the following persons or agency, not otherwise a party petitioner, who shall be named as respondents:
(1)	The parents of the juvenile. However, a summons does not need to be directed to or served upon any parent who, under Chapter 48 of the General Statutes, has irrevocably relinquished the juvenile to a county department of social services or licensed child‑placing agency or to any parent who has consented to the adoption of the juvenile by the petitioner.
(2)	Any person who has been judicially appointed as guardian of the person of the juvenile.
(3)	The custodian of the juvenile appointed by a court of competent jurisdiction.
(4)	Any county department of social services or licensed child‑placing agency to whom a juvenile has been released by one parent pursuant to Part 7 of Article 3 of Chapter 48 of the General Statutes or any county department of social services to whom placement responsibility for the child has been given by a court of competent jurisdiction.
	The summons shall notify the respondents to file a written answer within 30 days after service of the summons and petition. Service of the summons shall be completed as provided under the procedures established by G.S. 1A‑1, Rule 4(j). But the parent of the juvenile shall not be deemed to be under a disability even though the parent is a minor.
(a1)	If a guardian ad litem has been appointed for the juvenile pursuant to G.S. 7B‑601 and has not been relieved of responsibility or if the court appoints a guardian ad litem for the juvenile after the petition is filed, a copy of all pleadings and other papers required to be served shall be served on the juvenile's guardian ad litem or attorney advocate pursuant to procedures established under G.S. 1A‑1, Rule 5.
(b)	The summons shall be issued for the purpose of terminating parental rights pursuant to the provisions of subsection (a) of this section and shall include:
(1)	The name of the minor juvenile;
(2)	Notice that a written answer to the petition must be filed with the clerk who signed the petition within 30 days after service of the summons and a copy of the petition, or the parent's rights may be terminated;
(3)	Notice that if they are indigent, the parents are entitled to appointed counsel; the parents may contact the clerk immediately to request counsel;
(4)	Notice that this is a new case. Any attorney appointed previously will not represent the parents in this proceeding unless ordered by the court;
(5)	Notice that the date, time, and place of the hearing will be mailed by the clerk upon filing of the answer or 30 days from the date of service if no answer is filed; and
(6)	Notice of the purpose of the hearing and notice that the parents may attend the termination hearing.
(c)	If a county department of social services, not otherwise a party petitioner, is served with a petition alleging that the parental rights of the parent should be terminated pursuant to G.S. 7B‑1111, the department shall file a written answer and shall be deemed a party to the proceeding."
SECTION 4.  G.S. 7B‑1106.1(a) reads as rewritten:
"§ 7B‑1106.1.  Notice in pending child abuse, neglect, or dependency cases.
(a)	Upon the filing of a motion pursuant to G.S. 7B‑1102, the movant shall prepare a notice directed to each of the following persons or agency, not otherwise a movant:
(1)	The parents of the juvenile. However, notice does not need to be directed to or served upon any parent who, under Chapter 48 of the General Statutes, has irrevocably relinquished the juvenile to a county department of social services or licensed child‑placing agency or to any parent who has consented to the adoption of the juvenile by the movant.
(2)	Any person who has been judicially appointed as guardian of the person of the juvenile.
(3)	The custodian of the juvenile appointed by a court of competent jurisdiction.
(4)	Any county department of social services or licensed child‑placing agency to whom a juvenile has been released by one parent pursuant to Part 7 of Article 3 of Chapter 48 of the General Statutes or any county department of social services to whom placement responsibility for the juvenile has been given by a court of competent jurisdiction.
(5)	The juvenile's guardian ad litem or attorney advocate, if one has been appointed pursuant to G.S. 7B‑601 and has not been relieved of responsibility.
	The notice shall notify the person or agency to whom it is directed to file a written response within 30 days after service of the motion and notice. Service of the motion and notice shall be completed as provided under G.S. 7B‑1102(b)."
SECTION 5.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 21st day of May, 2009.

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		 Walter H. Dalton
	 President of the Senate

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		 Joe Hackney
	 Speaker of the House of Representatives

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		 Beverly E. Perdue
	 Governor

Approved __________.m. this ______________ day of ___________________, 2009