North Carolina § 143B-936 - Criminal record checks required prior to placement for adoption of a minor who is in the custody or placement responsibility of a county department of social services.

§ 143B-936. Criminal record checks required prior to placement for adoption of a minor who is in the custody or placement responsibility of a county department of social services.

The Department of Public Safety may provide to the Division of Social Services, Department of Health and Human Services, the criminal history from the State and National Repositories of Criminal Histories as defined in G.S. 48-1-101 (5a). The Division shall provide to the Department of Public Safety, along with the request, the fingerprints of any individual to be checked, any additional information required by the Department of Public Safety, and a form consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the State or National Repositories signed by the individual to be checked. The fingerprints of the individual shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The Division shall keep all information pursuant to this section privileged, as provided in G.S. 48-3-309(f) . The Department of Public Safety shall charge a reasonable fee only for conducting the checks of the national criminal history records authorized by this section. History (1998-229, s. 16; 2003-214, s. 1(2); 2005-114, s. 3; 2014-100, s. 17.1(m), (o).) Editor's Note. - G.S. 48-1-101 (5a), referred to above, was redesignated as G.S. 48-1-101 (5b) at the direction of the Revisor of Statutes. Session Laws 1998-229, s. 29, made this section effective January 1, 1999, and applicable to any placement of a minor who is in the custody or placement responsibility of a county department of social services on and after that date. This section was formerly G.S. 114-19.7. It was recodified as G.S. 143B-936 by Session Laws 2014-100, s. 17.1(m), effective July 1, 2014. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.7, is a severability clause. Effect of Amendments. - Session Laws 2005-114, s. 3, effective June 24, 2005, in the section heading, inserted "required" and substituted "for adoption of" for "of prospective adoptive parents seeking to adopt"; in the second sentence, substituted "any individual to be checked" for "the prospective adoptive parent seeking to adopt a minor who is in the custody or placement responsibility of a county department of social services" and in the third sentence, substituted "individual" for "prospective adoptive parent." Session Laws 2014-100, s. 17.1(o), effective July 1, 2014, substituted "Department of Public Safety" for "Department of Justice" throughout the section.