A BILL TO BE ENTITLED
AN ACT to prohibit the re‑homing of an adopted minor child and make conforming statutory changes.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 48‑1‑101 is amended by adding a new subdivision to read:
"§ 48‑1‑101.  Definitions.
In this Chapter, the following definitions apply:
…
(14a)	"Re‑homing" means the permanent transfer of physical custody of an adopted minor child by the child's parent, without a court order, to a person other than the child's stepparent, grandparent, adult sibling, aunt, uncle, first cousin, great‑aunt, great‑uncle, or great‑grandparent. Compensation in the form of money, property, or other item of value is not required in order for re‑homing to occur. Re‑homing does not include placement of an adopted minor child with a prospective adoptive parent in accordance with Part 2 of Article 3 of this Chapter, relinquishment of an adopted minor child in accordance with Part 7 of Article 3 of this Chapter, or placement of an adopted minor child in accordance with the Interstate Compact on the Placement of Children under Article 38 of Chapter 7B of the General Statutes.
…."
SECTION 2.  G.S. 48‑10‑101(b) reads as rewritten:
"(b)	No one other than a county department of social services, an adoption facilitator, or an agency licensed by the Department in this State may advertise in any periodical or newspaper, or by radio, television, or other public medium, that any person or entity will place or accept a child for adoption. For purposes of this section, "other public medium" includes the use of any computerized system, including electronic mail, Internet site, Internet profile, or any similar medium of communication provided via the Internet."
SECTION 3.  Article 10 of Chapter 48 of the General Statutes is amended by adding a new section to read:
"§ 48‑10‑106.  Re‑homing of an adopted minor child.
(a)	It shall be unlawful for an adoptive parent to:
(1)	Advertise, recruit, or solicit or to aid, abet, conspire, or seek the assistance of another to advertise, recruit, or solicit for the re‑homing of that parent's minor adopted child; or
(2)	Knowingly and willfully respond to an advertisement or solicitation by another seeking to either take permanent physical custody of the adopted minor child or to facilitate the re‑homing of the adopted minor child.
(b)	The transfer and re‑homing of an adopted minor child, as defined in G.S. 48‑1‑101(14a), shall be unlawful.
(c)	It shall be unlawful for a person to advertise for, solicit, recruit, transport, receive, or obtain or to facilitate, assist, or arrange for the transfer of an adopted minor child for the purpose of re‑homing the minor child.
(d)	A person who violates this section is guilty of a Class F felony.
(e)	An adopted minor child whose parent has re‑homed or attempted to re‑home the minor child is a neglected juvenile as defined by G.S. 7B‑101(15). The county department of social services shall file a petition and the court may place the minor child in the custody of a county department of social services or other such person as is in the best interests of the minor child.
(f)	This section does not apply to:
(1)	The temporary placement of a minor child by the adoptive parent for a specified period of time due to either the child's medical, mental health, or educational needs or the parent's inability to provide proper care or supervision for the minor child, which may be due to the parent's incarceration, military service, employment, medical treatment, or incapacity;
(2)	A voluntary foster care placement of the minor child made between the minor child's parent and a county department of social services pursuant to G.S. 7B‑910; or
(3)	A change in custody made pursuant to a valid court order."
SECTION 4.  G.S. 7B‑101(15) reads as rewritten:
"§ 7B‑101.  Definitions.
As used in this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings:
…
(15)	Neglected juvenile. – A juvenile who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker; or who has been abandoned; or who is not provided necessary medical care; or who is not provided necessary remedial care; or who lives in an environment injurious to the juvenile's welfare; or who has been re‑homed as defined in G.S. 48‑1‑101(14a) or placed for care or adoption in violation of law. In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has died as a result of suspected abuse or neglect or lives in a home where another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the home."
SECTION 5.  G.S. 7B‑302(a) reads as rewritten:
"(a)	When a report of abuse, neglect, or dependency is received, the director of the department of social services shall make a prompt and thorough assessment, using either a family assessment response or an investigative assessment response, in order to ascertain the facts of the case, the extent of the abuse or neglect, and the risk of harm to the juvenile, in order to determine whether protective services should be provided or the complaint filed as a petition. When the report alleges abuse, the director shall immediately, but no later than 24 hours after receipt of the report, initiate the assessment. When the report alleges neglect or dependency, the director shall initiate the assessment within 72 hours following receipt of the report. When the report alleges abandonment or re‑homing, as defined in G.S. 48‑1‑101(14a), of a juvenile, the director shall immediately initiate an assessment, take appropriate steps to assume temporary custody of the juvenile, and take appropriate steps to secure an order for nonsecure custody of the juvenile. The assessment and evaluation shall include a visit to the place where the juvenile resides, except when the report alleges abuse or neglect in a child care facility as defined in Article 7 of Chapter 110 of the General Statutes. When a report alleges abuse or neglect in a child care facility as defined in Article 7 of Chapter 110 of the General Statutes, a visit to the place where the juvenile resides is not required. When the report alleges abandonment, the assessment shall include a request from the director to law enforcement officials to investigate through the North Carolina Center for Missing Persons and other national and State resources whether the juvenile is a missing child."
SECTION 6.  This act becomes effective December 1, 2015, and applies to offenses committed on or after that date.