North Carolina § 7B-505 - Placement while in nonsecure custody.

§ 7B-505. Placement while in nonsecure custody.

A juvenile meeting the criteria set out in G.S. 7B-503 may be placed in nonsecure custody with the department of social services or a person designated in the order for temporary residential placement in any of the following: A licensed foster home or a home otherwise authorized by law to provide such care. A facility operated by the department of social services. Any other home or facility, including the home of a parent, relative, nonrelative kin, or other person with legal custody of a sibling of the juvenile, approved by the court and designated in the order. If juvenile siblings are removed from the home and placed in the nonsecure custody of a county department of social services, the director shall make reasonable efforts to place the juvenile siblings in the same home. The director is not required to make reasonable efforts under this subsection if the director documents that placing the juvenile siblings would be contrary to the safety or well-being of any of the juvenile siblings. If, after making reasonable efforts, the director is unable to place the juvenile siblings in the same home, the director shall make reasonable efforts to provide frequent sibling visitation and ongoing interaction between the juvenile siblings, unless the director documents that frequent visitation or other ongoing interaction between the juvenile siblings would be contrary to the safety or well-being of any of the juvenile siblings. 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. 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. In placing a juvenile in nonsecure custody under this section, the court shall also consider whether it is in the juvenile's best interest to remain in the juvenile's community of residence. In placing a juvenile in nonsecure custody under this section, the court shall consider the Indian Child Welfare Act, Pub. L. No. 95-608, 25 U.S.C. §§ 1901, et seq., as amended, and the Howard M. Metzenbaum Multiethnic Placement Act of 1994, Pub. L. No. 103-382, 108 Stat. 4056, as amended, as they may apply. Placement of a juvenile with a relative outside of this State must be in accordance with the Interstate Compact on the Placement of Children, Article 38 of this Chapter. History (1979, c. 815, s. 1; 1983, c. 639, ss. 1, 2; 1997-390, s. 4; 1997-443, s. 11A.118(a); 1998-202, s. 6; 1998-229, ss. 3, 20; 1999-456, s. 60; 2002-164, s. 4.7; 2013-129, s. 13; 2015-135, s. 2.2; 2015-136, s. 4; 2017-161, s. 5; 2021-100, s. 3.) Editor's Note. - Session Laws 2013-129, s. 41, made the amendment to this section by Session Laws 2013-129, s. 13, applicable to actions filed or pending on or after October 1, 2013. Session Laws 2015-135, s. 1.1, provides: "This act shall be known and may be cited as the 'Foster Care Family Act.' " Session Laws 2015-135, s. 2.2 and Session Laws 2015-136, s. 4, both added sentences to the beginning of subsection (b). At the direction of the Revisor of Statutes, the sentence as added by Session Laws 2015-135, s. 2.2, has been set out as the first sentence and the sentence as added by Session Laws 2015-136, s. 4, has been set out as the second sentence. Session Laws 2015-136, s. 18, made the amendment to this section by Session Laws 2015-136, s. 4, applicable to actions filed or pending on or after October 1, 2015. Effect of Amendments. - Session Laws 2013-129, s. 13, effective October 1, 2013, substituted "Placement while in" for "Place of" in the section heading; redesignated the formerly undesignated first, second and third paragraphs of this section as present subsections (a), (b), and (d); and added subsection (c). For applicability, see editor's note. Session Laws 2015-135, s. 2.2, effective October 1, 2015, inserted the first sentence in subsection (b). Session Laws 2015-136, s. 4, effective October 1, 2015, added the first sentence [now the second sentence] in subsection (b); in subsection (c), inserted "or other persons with legal custody of a sibling of the juvenile" in the first sentence and deleted the former second and third sentences, which read "Nonrelative kin is an individual having a substantial relationship with the juvenile. In the case of a juvenile member of a State-recognized tribe as set forth in G.S. 143B-407(a), nonrelative kin also includes any member of a State-recognized tribe or a member of a federally recognized tribe, whether or not there is a substantial relationship with the juvenile."; and made minor stylistic changes. For applicability, see editor's note. Session Laws 2017-161, s. 5, effective October 1, 2017, substituted "in any of the following" for "in" in subsection (a); substituted "the home of a parent, relative, nonrelative kin, or other person with legal custody of a sibling of the juvenile" for "a relatives home" in subdivision (a)(3); made minor stylistic and punctuation changes throughout the subsection; in subsection (b), deleted the former first sentence, which read: "The court shall order the department of social services to make diligent efforts to notify relatives and any custodial parents of the juvenile's siblings that the juvenile is in nonsecure custody and of any hearings scheduled to occur pursuant to G.S. 7B 506, unless the court finds such notification would be contrary to the best interests of the juvenile.", and inserted "of social services" in the present first sentence. Session Laws 2021-100, s. 3, effective October 1, 2021, added subsection (a1). Legal Periodicals. - For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980). For comment, "The Implications of In re L.M.T.: A Call to the North Carolina General Assembly to Reinstate Procedural Safeguards, a Parent's Right to Appeal, and the Importance of a Permanency Planning Order," see 38 Campbell L. Rev. 241 (2016).