A BILL TO BE ENTITLED
AN ACT to revise the laws pertaining to the safe surrender of infants under the abuse, neglect, dependency laws and to make conforming statutory changes.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 7B of the General Statutes is amended by adding a new Article to read:
"Article 5A.
"Safe Surrender of Infants.
"§ 7B‑520.  Purpose; limitations.
(a)	Purpose. – The purpose of this Article is to protect newborn infants by providing a safe alternative for a parent who, in a crisis or in desperation, may physically abandon or harm his or her newborn, and to provide information for the parent regarding the parent's rights and alternatives.
(b)	Limitations. – The provisions of this Article apply exclusively to safely surrendered infants as defined in G.S. 7B‑101(19a).
"§ 7B‑521.  Persons to whom infant may be surrendered.
The following individuals shall, without a court order, take into temporary custody an infant reasonably believed to be under seven days of age that is voluntarily delivered to the individual by the infant's parent who does not express an intent to return for the infant:
(1)	A health care provider, as defined under G.S. 90‑21.11, who is on duty or at a hospital or at a local or district health department or at a nonprofit community health center.
(2)	A first responder, including, but not limited to, a law enforcement officer, a certified emergency medical services worker, or a firefighter.
(3)	A social services worker who is on duty or at a local department of social services.
"§ 7B‑522.  Duties of person taking safely surrendered infant into temporary custody.
An individual who takes an infant into temporary custody under G.S. 7B‑521 shall perform any act necessary to protect the physical health and well‑being of the infant and immediately notify the department of social services. The individual may inquire as to the parents' identities, the date of birth of the infant, any relevant medical history, and the parents' marital status and may advise the parent that if the parent provides that information, it may facilitate the adoption of the child. However, the individual shall notify the parent that the parent is not required to provide the information. The individual, if practical, shall provide the parent with written information created by the Department of Health and Human Services, Division of Social Services, that includes the following:
(1)	The requirements of safe surrender of an infant under this Article.
(2)	How to seek reunification with the infant.
(3)	How safe surrender of the infant may impact the parents' rights.
(4)	Voluntary relinquishment of parental rights.
(5)	A standard form seeking relevant medical history with instructions that completing the form is optional and that it may be immediately returned or mailed to the local department of social services.
(6)	An explanation that services may be available to the surrendering parent and infant, accompanied by contact information for the local department of social services.
"§ 7B‑523.  Confidentiality of information.
(a)	Except as otherwise provided in subsection (b) of this section, unless a parent consents to its release, an individual who takes an infant into temporary custody under this Article and any facility involved in the care of the infant at the time the infant is taken into temporary custody shall keep information regarding the surrendering parent's identity confidential.
(b)	An individual taking an infant into temporary custody under this Article shall provide to the director of the department of social services any information known about the infant, the infant's parents, any medical history, and the circumstances of surrender. However, the director shall keep the parents' identifying information confidential, except as otherwise necessary to act pursuant to this Article or contact the nonsurrendering parent.
"§ 7B‑524.  Social services response.
(a)	A director of a department of social services who receives a safely surrendered infant pursuant to this Article may take the infant into temporary custody without a court order and arrange for the placement, supervision, care, including medical care, and transportation of the infant.
(b)	The director receiving the infant shall do the following:
(1)	Ascertain from a health care provider that the surrendered infant is, to a reasonable medical certainty, under seven days old and without signs of abuse or neglect.
(2)	Notify law enforcement of the safely surrendered infant and provide law enforcement with information necessary to investigate through the North Carolina Center for Missing Persons and other national and State resources whether the infant is a missing child.
(c)	The director shall treat the safely surrendered infant as a report of dependency. However, there shall be no attempts to make direct contact with the surrendering parent prior to the first hearing on the need for continued nonsecure custody unless a court orders otherwise, or a surrendering parent comes forward to regain custody of the child.
(d)	The director receiving a safely surrendered infant shall not proceed under the provisions of this Article if it is determined by the director that any of the following are true:
(1)	A surrendered infant is not, to a reasonable medical certainty, under seven days old.
(2)	The infant shows signs of abuse or neglect.
(3)	There is reason to believe the individual surrendering the infant was not the infant's parent.
(4)	At the time the infant was surrendered, there was reason to believe the parent intended to return for the infant.
"§ 7B‑525.  Immunity for those receiving infant.
An individual to whom an infant was surrendered under G.S. 7B‑521 is immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of any omission or action taken pursuant to the requirements of this Article as long as that individual was acting in good faith. The immunity established by this section does not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.
"§ 7B‑526.  Immunity for surrendering parent.
A parent surrendering an infant pursuant to this Article is immune from any civil liability or criminal prosecution in accordance with G.S. 14‑322.3 as long as the surrendering parent was acting in good faith. The immunity established by this section does not extend to gross negligence, wanton conduct, or intentional wrongdoing that would otherwise be actionable.
"§ 7B‑527.  Waiver of right to personal notice; notice by publication.
(a)	Special Notice by Publication. – The court shall, at the first hearing on the need to determine continued nonsecure custody and for every hearing thereafter that addresses the petition for dependency as a safely surrendered infant, require special notice by publication. The court shall specifically order the place or places of publication and the contents of the notice that the court concludes is most likely to identify the juvenile to either of the juvenile's parents, without including the name of the surrendering parent. The notice shall be published in a newspaper qualified for legal advertising in accordance with G.S. 1‑597 and G.S. 1‑598 and published in the counties directed by the court, once a week for three successive weeks. The notice shall do each of the following:
(1)	Designate the court in which the petition is pending.
(2)	Be directed to "the father and mother of a male (female) juvenile born on or about__________________________ in
(date)
__________County,
__________(City),
_____________________________________, respondent".
(State)
(3)	Designate the docket number and title of the case. The court may direct the actual name of the title be eliminated and the words "In Re Doe" substituted for the name.
(4)	State that the infant was surrendered by a person claiming to be the infant's mother or father who did not express an intent to return for the infant and that the infant was surrendered to an individual pursuant to G.S. 7B‑521 by specifying (i) the profession of the person authorized to accept the surrendered infant, (ii) the facility at which the infant was surrendered, and (iii) the date of surrender.
(5)	State the physical characteristics of the infant and physical characteristics known about the surrendering parent.
(6)	State that a petition seeking to adjudicate the infant to be a dependent juvenile has been filed and will be heard in court on the designated date, location, and time.
(7)	State that termination of parental rights action can be taken as to a safely surrendered infant 60 days or more after the date an infant was surrendered, whether or not parents' identities are known.
(8)	Direct that the respondent notify the court or petitioner in order to receive personal notice of proceedings and to assert his or her parental rights. The respondent shall provide necessary contact information to receive notice pursuant to this subdivision.
Upon completion of the service by publication, an affidavit of the publisher shall be filed with the court.
(b)	Waiver of Personal Notice. – The act of voluntarily surrendering an infant waives a surrendering parent's right to personal service of process regarding juvenile proceedings for which the surrendered infant is the subject of a petition for dependency as a safely surrendered infant or for a termination of parental rights under Article 11 of this Subchapter. A surrendering parent is entitled to notice of the juvenile proceedings by publication and according to court orders under subsection (a) of this section unless the parent contacts the department of social services or the court in accordance with G.S. 7B‑527.
(c)	Personal Notice for Nonsurrendering Parent. – Nothing in this section shall be construed to waive or limit a nonsurrendering parent's rights to personal service of process.
"§ 7B‑528.  When surrendering parent seeks to regain custody of infant; parental identity.
At any time prior to an order terminating a surrendering parent's parental rights, a surrendering parent may contact the department of social services or the court seeking to (i) regain custody of the infant, (ii) express a desire to participate in dependency proceedings for which the surrendered infant is the subject, or (iii) inquire about the infant's well‑being. Upon making contact pursuant to this section, the surrendering parent is entitled to personal service of process and is no longer deemed to have waived that right. However, juvenile court proceedings for which the surrendered infant is the subject of the petition shall proceed. The court shall take whatever measures it deems necessary to verify the identity and parentage of anyone claiming to be the parent of a safely surrendered infant and shall do so prior to making placement determinations that involve that parent or relative of that parent."
SECTION 2.  G.S. 7B‑101 reads as rewritten:
"§ 7B‑101.  Definitions.
As used in this Subchapter, unless the context clearly requires otherwise, the following words have the listed meanings:
…
(9)	Dependent juvenile. – A juvenile in need of assistance or placement because (i) the juvenile has no parent, guardian, or custodian responsible for the juvenile's care or supervision, (ii) the juvenile's parent, guardian, or custodian is unable to provide for the juvenile's care or supervision and lacks an appropriate alternative child care arrangement, or (iii) the juvenile is a safely surrendered infant.
…
(15)	Neglected juvenile. – Any juvenile less than 18 years of age (i) who is found to be a minor victim of human trafficking under G.S. 14‑43.15 or (ii) whose parent, guardian, custodian, or caretaker does not provide proper care, supervision, or discipline; or who has been abandoned without being safely surrendered pursuant to Article 5A of this Subchapter; 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 the custody of whom has been unlawfully transferred under G.S. 14‑321.2; or who has been 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.
…
(15b)	Nonsurrendering parent. – A parent of a safely surrendered infant other than the parent who physically surrenders the parent's infant pursuant to Article 5A of this Subchapter.
…
(19a)	Safely surrendered infant. – An infant reasonably believed to be under seven days of age and without signs of abuse or neglect who is voluntarily delivered to an individual in accordance with Article 5A of this Subchapter by the infant's parent who does not express an intent to return for the infant.
(19b)	Serious neglect. – Conduct, behavior, or inaction of the juvenile's parent, guardian, custodian, or caretaker that evidences a disregard of consequences of such magnitude that the conduct, behavior, or inaction constitutes an unequivocal danger to the juvenile's health, welfare, or safety, but does not constitute abuse.
…
(21a)	Surrendering parent. – A parent who physically surrenders the parent's infant pursuant to Article 5A of this Subchapter.
…."
SECTION 3.  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 of a juvenile or unlawful transfer of custody under G.S. 14‑321.2, the director shall immediately initiate an assessment. When the report alleges abandonment, the director shall also take appropriate steps to assume temporary custody of the juvenile, and take appropriate steps to secure an order for nonsecure custody of the juvenile. When the report alleges dependency as a safely surrendered infant, the director shall proceed pursuant to Article 5A of this Subchapter and take appropriate steps to assume custody of the juvenile and receive an order for nonsecure custody. 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 or when the report alleges dependency as a safely surrendered infant. 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 4.  G.S. 7B‑500 reads as rewritten:
"§ 7B‑500.  Taking a juvenile into temporary custody; civil and criminal immunity.
(a)	Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for nonsecure custody can be obtained. A juvenile may be taken into temporary custody without a court order by a law enforcement officer or a department of social services worker if there are reasonable grounds to believe that the juvenile is abused, neglected, or dependent and that the juvenile would be injured or could not be taken into custody if it were first necessary to obtain a court order. If a department of social services worker takes a juvenile into temporary custody under this section, the worker may arrange for the placement, care, supervision, and transportation of the juvenile.
(b)	

	
	
The process for taking into temporary custody a safely surrendered infant is as provided under Article 5A of this Subchapter.

	"
SECTION 5.  G.S. 7B‑501(a) reads as rewritten:
"(a)	A person who takes a juvenile into custody without a court order under G.S. 7B‑500 shall proceed as follows, except that the person shall proceed in accordance with G.S. 7B‑522 for a safely surrendered infant:
…."
SECTION 6.  G.S. 7B‑503(a) is amended by adding a new subdivision to read:
"(a)	When a request is made for nonsecure custody, the court shall first consider release of the juvenile to the juvenile's parent, relative, guardian, custodian, or other responsible adult. An order for nonsecure custody shall be made only when there is a reasonable factual basis to believe the matters alleged in the petition are true, and any of the following apply:
…
(7)	The juvenile is a safely surrendered infant as defined under G.S. 7B‑101(19a).
…."
SECTION 7.  G.S. 7B-504 reads as rewritten:
"§ 7B‑504.  Order for nonsecure custody.
The custody order shall be in writing and shall direct a law enforcement officer or other authorized person to take physical custody of the juvenile and to make due return on the order. A copy of the order shall be given to the juvenile's parent, guardian, custodian, or caretaker by the official executing the order, except that a copy is not required to be given to a surrendering parent.
An officer receiving an order for custody which is complete and regular on its face may execute it in accordance with its terms. If the court finds on the basis of the petition and request for nonsecure custody or the testimony of the petitioner that a less intrusive remedy is not available, the court may authorize a law enforcement officer to enter private property to take physical custody of the juvenile. If required by exigent circumstances of the case, the court may authorize a law enforcement officer to make a forcible entry at any hour. The officer is not required to inquire into the regularity or continued validity of the order and shall not incur criminal or civil liability for its due service."
SECTION 8.  G.S. 7B‑505 reads as rewritten:
"§ 7B‑505.  Placement while in nonsecure custody.
…
(b)	Except as otherwise provided in subsection (c) of this section, the court shall order the department of social services to make diligent efforts to notify relatives and other persons with legal custody of a sibling of the juvenile that the juvenile is in nonsecure custody and of any hearings scheduled to occur pursuant to G.S. 7B‑506, unless the court finds the notification would be contrary to the best interests of the juvenile. In placing a juvenile in nonsecure custody under this section, the court shall first consider whether a relative of the juvenile is willing and able to provide proper care and supervision of the juvenile in a safe home. If the court finds that the relative is willing and able to provide proper care and supervision in a safe home, then the court shall order placement of the juvenile with the relative unless the court finds that placement with the relative would be contrary to the best interests of the juvenile.
(c)	In the case of a safely surrendered infant in accordance with Article 5A of this Subchapter, the court may specify in its order the nature of diligent efforts expected, taking into consideration the circumstances surrounding the safe surrender of the infant and the best interests of the child. If the court does not place the juvenile with a relative, the court may consider whether nonrelative kin or other persons with legal custody of a sibling of the juvenile are willing and able to provide proper care and supervision of the juvenile in a safe home. The court may order the department to notify the juvenile's State‑recognized tribe of the need for nonsecure custody for the purpose of locating relatives or nonrelative kin for placement. The court may order placement of the juvenile with nonrelative kin if the court finds the placement is in the juvenile's best interests.
…."
SECTION 9.  G.S. 7B‑506(h) reads as rewritten:
"(h)	At each hearing to determine the need for continued custody, the court shall determine the following:
(1)	Inquire as to the identity and location of any missing parent and whether paternity is at issue. The court shall include findings as to the efforts undertaken to locate the missing parent and to serve that parent, as well as efforts undertaken to establish paternity when paternity is an issue. The order may provide for specific efforts aimed at determining the identity and location of any missing parent, as well as specific efforts aimed at establishing paternity. In the case of a safely surrendered infant pursuant to Article 5A of this Subchapter, a court order may specify the nature of diligent efforts to be undertaken, upon considering the circumstances surrounding the safe surrender of the infant and the best interests of the child.
…
(4)	The court shall order special notice by publication pursuant to Article 5A of this Subchapter for cases involving safely surrendered infants."
SECTION 10.  G.S. 7B‑602(a) reads as rewritten:
"(a)	In cases where the juvenile petition alleges that a juvenile is abused, neglected, or dependent, the parent has the right to counsel and to appointed counsel in cases of indigency unless that person waives the right. When a petition is filed alleging that a juvenile is abused, neglected, or dependent, the clerk shall appoint provisional counsel for each parent named in the petition in accordance with rules adopted by the Office of Indigent Defense Services and shall indicate the appointment on the juvenile summons or attached notice. At the first hearing, the court shall dismiss the provisional counsel if any of the following apply to the respondent parent:
(1)	Does not appear at the hearing.
(2)	Does not qualify for court‑appointed counsel.
(3)	Has retained counsel.
(4)	Waives the right to counsel.
(5)	Is the surrendering parent of a safely surrendered infant who has not contacted the department of social services or the court pursuant to this section.
…."
SECTION 11.  G.S. 7B‑901 reads as rewritten:
"§ 7B‑901.  Initial dispositional hearing.
…
(b)	Except as provided in subsection (b1) of this section, at the dispositional hearing, the court shall inquire as to the identity and location of any missing parent and whether paternity is at issue. The court shall include findings of the efforts undertaken to locate the missing parent and to serve that parent and efforts undertaken to establish paternity when paternity is an issue. The order may provide for specific efforts in determining the identity and location of any missing parent and specific efforts in establishing paternity. The court shall also inquire about efforts made to identify and notify relatives, parents, or other persons with legal custody of a sibling of the juvenile, as potential resources for placement or support.
(b1)	In the case of a safely surrendered infant in accordance with Article 5A of this Subchapter, the court may specify in its order the nature of diligent efforts expected, taking into consideration the circumstances surrounding the safe surrender of the infant and the best interests of the child.
(c)	If the disposition order places a juvenile in the custody of a county department of social services, the court shall direct that reasonable efforts for reunification as defined in G.S. 7B‑101 shall not be required if the court makes written findings of fact pertaining to any of the following, unless the court concludes that there is compelling evidence warranting continued reunification efforts:
…
(4)	A court of competent jurisdiction has determined that the juvenile is a safely surrendered infant in accordance with Article 5A of this Subchapter and the parent is a surrendering parent who has not contacted the department of social services or the court pursuant to this section.
…."
SECTION 12.  G.S. 7B‑1102(b)(1) is amended by adding a new sub‑subdivision to read:
"(b)	A motion pursuant to subsection (a) of this section and the notice required by G.S. 7B‑1106.1 shall be served in accordance with G.S. 1A‑1, Rule 5(b), except:
(1)	Service must be in accordance with G.S. 1A‑1, Rule 4, if one of the following applies:
a.	The person or agency to be served was not served originally with summons.
b.	The person or agency to be served was served originally by publication that did not include notice substantially in conformity with the notice required by G.S. 7B‑406(b)(4)e.
c.	Two years has elapsed since the date of the original action.
d.	The case involves a safely surrendered infant and the court ordered service by publication in accordance with Article 5A of this Subchapter."
SECTION 13.  G.S. 7B‑1105(b) reads as rewritten:
"(b)	The court may, in its discretion, inquire of any known parent of the juvenile concerning the identity of the unknown parent and may order the petitioner to conduct a diligent search for the parent. Should the court ascertain the name or identity of the parent, it shall enter a finding to that effect; and the parent shall be summoned to appear in accordance with G.S. 7B‑1106. When the petition involves a safely surrendered infant pursuant to Article 5A of this Subchapter, the court may specify in its order the nature of diligent efforts expected, taking into consideration the circumstances surrounding the safe surrender of the infant and the best interests of the child."
SECTION 14.  G.S. 7B‑1111(a) reads as rewritten:
"(a)	The court may terminate the parental rights upon a finding of one or more of the following:
…
(7)	The parent has willfully abandoned the juvenile for at least six consecutive months immediately preceding the filing of the petition or motion, or the parent has voluntarily abandoned an infant as a safely surrendered infant pursuant to Article 5A of this Subchapter for at least 60 consecutive days immediately preceding the filing of the petition or motion.
…
(9)	The parental rights of the parent with respect to another child of the parent have been terminated involuntarily by a court of competent jurisdiction and the parent lacks the ability or willingness to establish a safe home. This ground shall not apply when (i) the other child of the parent was a safely surrendered infant or (ii) the parent was a surrendering parent and parental rights were terminated pursuant to subdivision (7) of this subsection.
…."
SECTION 15.  G.S. 14‑322.3 reads as rewritten:
"§ 14‑322.3.  Abandonment of an infant under seven days of age.
When a parent abandons an infant less than seven days of age by voluntarily delivering the infant as provided in Article 5A of Chapter 7B of the General Statutes and does not express an intent to return for the infant, that parent shall not be prosecuted under G.S. 14‑322, 14‑322.1, or 14‑43.14."
SECTION 16.  G.S. 115C‑47(52) reads as rewritten:
"§ 115C‑47.  Powers and duties generally.
In addition to the powers and duties designated in G.S. 115C‑36, local boards of education shall have the power or duty:
…
(52)	To Ensure That Certain Students Receive Information Annually on Lawfully Abandoning a Newborn Baby. – Not later than August 1, 2008, local boards of education shall adopt policies to ensure that students in grades nine through 12 receive information annually on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with Article 5A of Chapter 7B of the General Statutes.
…."
SECTION 17.  G.S. 115C‑218.75(a) reads as rewritten:
"(a)	Health and Safety Standards. – A charter school shall meet the same health and safety requirements required of a local school administrative unit. The Department of Public Instruction shall ensure that charter schools provide parents and guardians with information about meningococcal meningitis and influenza and their vaccines at the beginning of every school year. This information shall include the causes, symptoms, and how meningococcal meningitis and influenza are spread and the places where parents and guardians may obtain additional information and vaccinations for their children.
…
The Department of Public Instruction shall also ensure that charter schools provide students in grades nine through 12 with information annually on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with Article 5A of Chapter 7B of the General Statutes.
…."
SECTION 18.  G.S. 115C‑548 reads as rewritten:
"§ 115C‑548.  Attendance; health and safety regulations.
…
The Division of Nonpublic Education, Department of Administration, shall also ensure that information is available to these schools so that they can provide information on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with Article 5A of Chapter 7B of the General Statutes."
SECTION 19.  G.S. 115C‑556 reads as rewritten:
"§ 115C‑556.  Attendance; health and safety regulations.
…
The Division of Nonpublic Education, Department of Administration, shall also ensure that information is available to each qualified nonpublic school so that the school can provide information on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with Article 5A of Chapter 7B of the General Statutes."
SECTION 20.  G.S. 115C‑565 reads as rewritten:
"§ 115C‑565.  Requirements exclusive.
…
The Division of Nonpublic Education, Department of Administration, shall also provide to home schools information on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with Article 5A of Chapter 7B of the General Statutes. This information may be provided electronically or on the Division's Web page."
SECTION 21.  This act becomes effective October 1, 2019.