North Carolina § 7B-909 - Review of agency's plan for placement.

§ 7B-909. Review of agency's plan for placement.

The director of social services or the director of the licensed private child-placing agency shall promptly notify the clerk to calendar the case for review of the department's or agency's plan for the juvenile at a session of court scheduled for the hearing of juvenile matters if the juvenile is in the custody of the department or agency and has not become the subject of a decree of adoption within six months following relinquishment of the juvenile for adoption by a parent, guardian, or guardian ad litem under the provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes. Repealed by 2007-276, s. 6, effective October 1, 2007. If the court finds on motion of a department of social services or licensed child-placing agency that a consent or relinquishment for adoption necessary for the juvenile to be adopted cannot be obtained, and that no further steps are being taken to terminate the parental rights of the parent from whom consent or relinquishment has not been obtained, the court may order, upon finding that it is in the juvenile's best interest, that any relinquishment for adoption signed by a parent who has surrendered the child for adoption shall be voided pursuant to G.S. 48-3-707(a)(4). Before voiding any relinquishment under this subsection, the court shall require the county department of social services or licensed child-placing agency to give at least 15 days' notice to the relinquishing parent whose rights will be restored. The relinquishing parent shall have the right to be heard on (i) whether the relinquishment should be voided and (ii) the parent's plan to provide for the juvenile if the relinquishment is voided. If after due diligence the relinquishing parent cannot be located, the notice of hearing shall be deposited in the United States mail, return receipt requested, and sent to the address of the parent given in the relinquishment. The date of receipt of the notice is deemed the date of delivery or last attempted delivery. Notification of the court under this section shall be by a petition for review or motion for review, if the court is exercising jurisdiction over the juvenile. The review shall be conducted within 30 days following the filing of the petition for review unless the court shall otherwise direct. The court shall conduct reviews every six months until the juvenile is the subject of a decree of adoption. However, further reviews are not required after the voiding of a relinquishment under subsection (b1) of this section. The initial review and all subsequent reviews, except a review hearing under subsection (b1) of this section, shall be conducted pursuant to G.S. 7B-908. Any individual whose parental rights have been terminated or who has relinquished the juvenile for adoption under the provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes shall not be considered a party to the review unless an appeal of the order terminating parental rights is pending, and a court has stayed the order pending the appeal. History (1983, c. 607, s. 2; 1993, c. 537, s. 4; 1995, c. 457, s. 6; 1998-202, s. 6; 1998-229, s. 9; 1999-456, s. 60; 2005-398, s. 9; 2007-276, s. 6; 2013-129, s. 28; 2013-236, s. 1; 2013-410, s. 27.) Editor's Note. - This section was originally enacted as G.S. 7B-908. It has been renumbered at the direction of the Revisor of Statutes. Session Laws 2013-129, s. 28, amended this section, but was repealed by Session Laws 2013-410, s. 27, effective October 1, 2013. Effect of Amendments. - Session Laws 2007-276, s. 6, effective October 1, 2007, deleted subsection (b), regarding cases where adoption is dismissed or withdrawn; in subsection (c), substituted "under this section" for "required under subsection (a) or (b) of this section" in the first sentence, deleted "or (b)" in the second sentence, and substituted "the subject of a decree of adoption" for "placed for adoption and the adoption petition is filed by the adoptive parents" in the fourth sentence. Session Laws 2013-236, s. 1, effective July 3, 2013, substituted "if the juvenile is in the custody of the department or agency and has not become the subject of a decree of adoption within six months following relinquishment of the juvenile for adoption by a parent, guardian, or guardian ad litem under the provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes" for "in any case where" in the introductory paragraph of subsection (a); deleted subdivisions (a)(1) and (a)(2); added subsection (b1); and, in subsection (c), added "or motion for review, if the court is exercising jurisdiction over the juvenile" at the end of the first sentence, deleted the former second sentence, which read "The petition shall set forth the circumstances necessitating the review under subsection (a) of this section," added the present fourth sentence, inserted "except a review hearing under subsection (b1) of this section" in the present fifth sentence, and inserted "or who has relinquished the juvenile for adoption under the provisions of Part 7 of Article 3 of Chapter 48 of the General Statutes" in the present sixth sentence.