A BILL TO BE ENTITLED
AN ACT to allow adult adoptees to be adopted by a former stepparent, the removal of certain redaction RESTRICTIONS from adoption home studies, the expansion of acknowledgment options for agency relinquishments for adoption, CONFLICTS OF INTEREST IN JUVENILE MATTERS, AND GUARDIAN AD LITEM APPOINTMENT FOR UNEMANCIPATED MINORs.
The General Assembly of North Carolina enacts:

part i. adoption of adult adoptee by former stepparent
SECTION 1.1.  G.S. 48‑1‑101 is amended by adding a new subdivision to read:
"(7a)	"Former stepparent" means an individual who was the spouse of a parent of a child, but who is not a genetic parent or adoptive parent of the child, and who has become divorced from the parent of the child."
SECTION 1.2.  G.S. 48‑1‑106 reads as rewritten:
"§ 48‑1‑106.  Legal effect of decree of adoption.
…
(c)	Subject to subsection (d) of this section, a decree of adoption severs the relationship of parent and child between the individual adopted and that individual's biological or previous adoptive parents. After the entry of a decree of adoption, the former parents are relieved of all legal duties and obligations due from them to the adoptee, except that a former parent's duty to make past‑due payments for child support is not terminated, and the former parents are divested of all rights with respect to the adoptee.
(d)	Notwithstanding any other provision of this section, a decree of adoption shall not affect the relationship between the child and the parent who is the stepparent's spouse or the stepparent's former spouse in any of the following circumstances:
(1)	An adoption by a stepparent.
(2)	An adoption of an adult adoptee by a former stepparent who is unmarried or whose current spouse does not join in the petition.
(3)	A readoption pursuant to G.S. 48‑6‑102.
…."
SECTION 1.3.  G.S. 48‑5‑101(b) reads as rewritten:
"(b)	If a prospective adoptive parent is married, both spouses must join in the petition unless the prospective adoptive parent is the adoptee's stepparent, former stepparent, or the court waives this requirement for cause."

part ii. redaction of INFORMATION from adoption home study
SECTION 2.1.  G.S. 48‑3‑202(b) reads as rewritten:
"(b)	Information about a prospective adoptive parent shall be provided to a prospective placing parent or guardian by the prospective adoptive parent, the prospective adoptive parent's attorney, or a person or entity assisting the parent or guardian. Except as otherwise provided in this subsection, this information shall include the preplacement assessment prepared pursuant to Part 3 of this Article, and may include additional information requested by the parent or guardian. The information described in G.S. 48‑3‑303(c)(12) may be redacted from the preplacement assessment."
SECTION 2.2.  G.S. 48‑3‑303(c)(12) reads as rewritten:
"(12)	The following information may be redacted from the preplacement assessment provided to a placing parent or guardian: (i) detailed information reflecting the prospective adoptive parent's income, expenditures, assets, liabilities, and social security numbers, (ii) detailed information about the prospective adoptive parent's extended family members, including surnames, names of employers, names of schools attended, social security numbers, telephone numbers and addresses, and (iii) other similarly detailed information about extended family members obtained under subsections (b) and (c) of this section."

part iii. Expand acknowledgment options for agency relinquishments for adoption
SECTION 3.1.  G.S. 48‑3‑702(b) reads as rewritten:
"(b)	The provisions of G.S. 48‑3‑605(b), (e), (f), (g), and (h) also apply to a relinquishment executed under this Part."

PART IV. CONFLICTS OF INTEREST IN JUVENILE MATTERS
SECTION 4.1.  Article 3 of Subchapter I of Chapter 7B of the General Statutes is amended by adding a new section to read:
"§ 7B‑302.1.  Conflicts of interest.
(a)	A conflict of interest may exist when the reported abuse, neglect, or dependency involves any of the following:
(1)	An employee of the child welfare division of the county department of social services.
(2)	A relative of an employee of the child welfare division of the county department of social services.
(3)	An employee of the county department of social services or relative of an employee of the county department of social services outside of the child welfare division when, in the professional judgment of the director, the county department of social services has a possible conflict of interest.
(4)	A foster parent supervised by the county department of social services.
(5)	The county manager, an assistant county manager, a member of the Board of County Commissioners, or a member of the county's governing board for social services, as defined in G.S. 108A‑1.
(6)	A caretaker in a sole‑source contract group home.
(7)	A juvenile's parent, guardian, custodian, or caretaker who has been determined to be an incompetent adult and subject to guardianship under Chapter 35A of the General Statutes and is a ward, as defined in G.S. 35A‑1101, of that county department of social services.
(8)	A juvenile in the custody of the department who is also a parent or caretaker.
(9)	A juvenile who is subject to a new report of abuse or neglect arising from events that occurred while in the custody of the department.
(10)	A perceived conflict of interest that is identified through the professional judgment of the director of the county department of social services.
(b)	The director of the county department of social services that receives the report where the possible conflict exists shall request that another county department conduct the assessment. The director shall notify the Division of Social Services of the Department of Health and Human Services of the possible conflict of interest and the county that accepted the report for assessment.
(c)	If the director makes requests of two or more other counties, and if no other county is willing or able to accept the case for assessment, then the county director where the possible conflict exists shall notify the Division of Social Services of the Department of Health and Human Services. The Division shall evaluate the possible conflict and make the following determinations:
(1)	Whether the county with the possible case conflict is able to manage the case by implementing measures to sufficiently obviate the possible conflict.
(2)	If the Division determines the possible conflict cannot be managed in the county that receives the report, the Division shall appoint another county department that shall assume management of the case.
(3)	The Division shall determine which county should bear the financial responsibility of the case when another county is appointed to manage the case unless the counties agree between themselves.
(d)	The county department of social services with the possible conflict of interest shall inform, in writing, the parent, guardian, custodian, or caretaker of the possible conflict and the county that assumes the management of the case. The written notice shall include a copy of the AOC form petition or motion to request a change of venue based upon a possible conflict of interest.
(e)	If the county department of social services has a possible conflict of interest at the time of the report or any time while managing the case and the county department of social services does not refer the case to another county, a parent, guardian, custodian, caretaker, juvenile, or their representative may seek to have the case transferred to another county by one of the following methods:
(1)	If no petition alleging abuse, neglect, or dependency has been filed, the parent, guardian, custodian, caretaker, juvenile, or their representative may file a petition with the district court which regularly hears juvenile matters in the county where the conflict of interest may exist. The petition shall be served on the director of the county department of social services alleged to have the possible conflict of interest pursuant to G.S. 1A‑1, Rule 4. A petition filed pursuant to this subsection shall be considered confidential and shall not be public record. If a petition alleging abuse, neglect, or dependency is later filed, the petition alleging the conflict of interest and any subsequent filings shall be transferred to the juvenile court file.
(2)	If the county has filed a petition alleging abuse, neglect, or dependency, the parent, guardian, custodian, caretaker, juvenile, or their representative may file a motion to change venue in the pending action. The motion shall be served on all parties to the juvenile proceeding pursuant to G.S. 1A‑1, Rule 5.
In any petition or motion filed pursuant to this subsection, the parent, guardian, custodian, caretaker, juvenile, or their representative must allege the reasons a conflict of interest may exist. Within 10 business days of when the petition or motion is served or the next scheduled juvenile court session, whichever occurs later, the petition or motion shall be heard. Any person or party served with notice of the petition or motion pursuant to this subsection may request to be heard by the court and present evidence. The hearing shall be conducted in accordance with G.S. 7B‑801. The order shall be entered within three business days of the hearing."
SECTION 4.2.  G.S. 7B‑400(c) reads as rewritten:
"(c)	For good cause, the court may grant a motion for a change of venue before adjudication. A pre‑adjudication change of venue shall not affect the identity of the petitioner, unless a possible conflict of interest arising under G.S. 7B‑302.1 necessitates a substitution of parties."
SECTION 4.3.  The Administrative Office of the Courts (AOC) shall create forms to serve as the petition and motion required by G.S. 7B‑302.1(e) as enacted by Section 4.1 of this act. The form must provide the parent, guardian, custodian, caretaker, juvenile, or their representative sufficient space to describe the reasons they allege a conflict of interest may exist. The forms shall be made available on AOC's website. Additionally, upon request of the parent, guardian, custodian, caretaker, juvenile, or their representative, the clerk of superior court of each county and the county department of social services shall provide the appropriate form to enable the parent, guardian, custodian, caretaker, juvenile, or their representative to request judicial review of the possible conflict of interest. AOC shall develop a procedure to maintain the confidentiality of the petition required by G.S. 7B‑302.1(e)(1) as enacted by Section 4.1 of this act.
SECTION 4.4.  Section 4.3 of this act is effective when it becomes law. The remainder of this Part becomes effective October 1, 2023, and applies to all actions filed or pending on or after that date.

part v. GUARDIAN AD LITEM APPOINTMENT FOR UNEMANCIPATED MINOR
SECTION 5.1.  G.S. 7B‑602 reads as rewritten:
"§ 7B‑602.  Parent's right to counsel; guardian ad litem.
(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, shall indicate the appointment on the juvenile summons or attached notice, and shall provide a copy of the petition and summons or notice to the attorney. At the first hearing, the court shall dismiss the provisional counsel if the respondent parent:
(1)	Does not appear at the hearing;
(2)	Does not qualify for court‑appointed counsel;
(3)	Has retained counsel; or
(4)	Waives the right to counsel.
The court shall confirm the appointment of counsel if subdivisions (1) through (4) of this subsection are not applicable to the respondent parent.
The court may reconsider a parent's eligibility and desire for appointed counsel at any stage of the proceeding.
(a1)	A parent qualifying for appointed counsel may be permitted to proceed without the assistance of counsel only after the court examines the parent and makes findings of fact sufficient to show that the waiver is knowing and voluntary. The court's examination shall be reported as provided in G.S. 7B‑806.
(b)	The appointment of a guardian ad litem under this section for any parent under the age of 18 years shall not affect the minor parent's entitlement to a guardian ad litem pursuant to G.S. 7B‑601 in the event that the minor parent is the subject of a separate juvenile petition.
(c)	On motion of any party or on the court's own motion, the court may appoint a guardian ad litem for a parent who is incompetent in accordance with G.S. 1A‑1, Rule 17. For an unemancipated minor parent, a G.S. 1A‑1, Rule 17, guardian ad litem may be appointed when the parent is incompetent but shall not be appointed based solely on the parent being under the age of 18.
(d)	The parent's counsel shall not be appointed to serve as the guardian ad litem and the guardian ad litem shall not act as the parent's attorney. Communications between the guardian ad litem appointed under this section and the parent and between the guardian ad litem and the parent's counsel shall be privileged and confidential to the same extent that communications between the parent and the parent's counsel are privileged and confidential.
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part vi. effective date
SECTION 6.1.  Parts I, II, and III of this act become effective October 1, 2023. Except as otherwise provided, the remainder of this act is effective when it becomes law.