AN ACT to enact article three of the uniform unregulated child custody transfer act, as recommended by the general statutes commission.

The General Assembly of North Carolina enacts:

part I. article three of the uniform unregulated child custody transfer act

SECTION 1.  Article 3 of Chapter 48 of the General Statutes is amended by adding a new Part to read:

Part 2A. Information and Guidance.

§ 48‑3‑230.  Title and purpose.

This Part consists of and may be cited as the Information and Guidance Provisions of the Uniform Unregulated Child Custody Transfer Act. The purpose of this Part is to prevent the unlawful transfer of custody of minors, as prohibited by G.S. 14‑321.2, by better preparing adoptive parents for issues that may arise when caring for an adopted minor.

§ 48‑3‑231.  Definitions.

For the purposes of this Part, the following definitions apply:

(1)        Intercountry adoption. – An adoption or placement for adoption of a minor who resides in a foreign country at the time of adoption or placement. The term includes an adoption finalized in the minor's country of residence or in a state.

(2)        Parent. – An individual recognized as a parent under other law of this State.

(3)        Prospective adoptive parent. – An individual approved or permitted under other law of this State to adopt a minor.

(4)        Record. – Information inscribed on a tangible medium or stored in an electronic or other medium and retrievable in perceivable form.

§ 48‑3‑232.  Scope.

This Part applies to placement for adoption of a minor to whom any of the following applies:

(1)        Has been or is in foster or institutional care.

(2)        Previously has been adopted in a state.

(3)        Has been or is being adopted under the law of a foreign country.

(4)        Has come or is coming to a state from a foreign country to be adopted.

(5)        Is not a citizen of the United States.

§ 48‑3‑233.  General adoption information.

Within a reasonable time before an agency places a minor for adoption with a prospective adoptive parent, the agency shall provide or cause to be provided to the prospective adoptive parent general adoption information. The information shall address all of the following:

(1)        Possible physical, mental, emotional, and behavioral issues concerning all of the following:

a.         Identity, loss, and trauma that a minor might experience before, during, or after adoption.

b.         A minor leaving familiar ties and surroundings.

(2)        The effect that access to resources, including health insurance, may have on the ability of an adoptive parent to meet the needs of a minor.

(3)        Causes of disruption of an adoptive placement or dissolution of an adoption and resources available to help avoid disruption or dissolution.

(4)        Criminal prohibitions under G.S. 14‑321.2.

§ 48‑3‑234.  Nonidentifying information about minor.

(a)        Within a reasonable time before an agency places a minor to whom this Part applies for adoption with a prospective adoptive parent, the agency shall provide or cause to be provided to the prospective adoptive parent nonidentifying information specific to the minor, in addition to information provided pursuant to G.S. 48‑3‑205, that is known to or reasonably obtainable by the agency and material to the prospective adoptive parent's informed decision to adopt the minor. To the extent that it is not already being provided under G.S. 48‑3‑205, the nonidentifying information shall include all of the following:

(1)        The minor's family, cultural, racial, religious, ethnic, linguistic, and educational background.

(2)        The minor's physical, mental, emotional, and behavioral health.

(3)        Circumstances that might adversely affect the minor's physical, mental, emotional, or behavioral health.

(4)        The minor's medical history, including immunizations.

(5)        The medical history of the minor's biological parents and siblings.

(6)        The history of an adoptive or out‑of‑home placement of the minor and the reason the adoption or placement ended.

(7)        The minor's United States immigration status.

(8)        Medical, therapeutic, and educational resources, including language‑acquisition training, available to the adoptive parent and minor after placement for adoption or adoption to assist in responding effectively to physical, mental, emotional, or behavioral health issues.

(b)        Subject to the requirements of Article 9 of this Chapter, an agency shall include available records relevant to the information in subdivisions (1) through (8) of subsection (a) of this section when providing the information, regardless of whether the information is provided pursuant to subsection (a) of this section or G.S. 48‑3‑205.

(c)        If, before an adoption is finalized, additional information under subsection (a) of this section that is material to a prospective adoptive parent's informed decision to adopt the minor becomes known to or reasonably obtainable by the agency, the agency shall provide the information to the prospective adoptive parent.

(d)       If, after an adoption is finalized, additional information under subsection (a) of this section becomes known to the agency, the agency shall make a reasonable effort to provide the information to the adoptive parent.

§ 48‑3‑235.  Guidance and instruction.

(a)        An agency placing a minor for adoption shall provide or cause to be provided to the prospective adoptive parent guidance and instruction specific to the minor to help prepare the parent to respond effectively to needs of the minor that are known to or reasonably ascertainable by the agency.

(b)        The guidance and instruction under subsection (a) of this section shall address, if applicable, all of the following:

(1)        The potential effect on the minor of all of the following:

a.         A previous adoption or out‑of‑home placement.

b.         Multiple previous adoptions or out‑of‑home placements.

c.         Trauma, insecure attachment, fetal alcohol exposure, or malnutrition.

d.         Neglect, abuse, drug exposure, or similar adversity.

e.         Separation from a sibling or significant caregiver.

f.          A difference in ethnicity, race, or cultural identity between the minor and the prospective adoptive parent or other minor of the parent.

(2)        Information available from the federal government on the process for the minor to acquire United States citizenship.

(3)        Any other matter the agency considers material to the adoption.

(c)        The guidance and instruction under subsection (a) of this section shall be provided as follows:

(1)        For adoption of a minor residing in the United States, a reasonable time before the adoption is finalized.

(2)        For an intercountry adoption, in accordance with federal law.

§ 48‑3‑236.  Information about financial assistance and support services.

Consistent with the purposes of G.S. 48‑1‑110, on request of a minor who was placed for adoption or the minor's adoptive parent, the agency placing the minor or the Department of Health and Human Services shall provide information about how to obtain financial assistance or support services as follows:

(1)        To assist the minor or parent to respond effectively to adjustment, behavioral health, and other challenges.

(2)        To help preserve the placement or adoption.

§ 48‑3‑237.  Agency compliance.

(a)        The Department of Health and Human Services may investigate an allegation that an agency has failed to comply with this Part and may commence an action for injunctive or other relief or initiate an administrative proceeding against the agency to enforce this Part.

(b)        The Department of Health and Human Services may initiate a proceeding to determine whether an agency has failed to comply with this Part. If the Department of Health and Human Services finds that the agency has failed to comply, the Department may suspend or revoke the agency's license or take other action permitted by law of this State.

§ 48‑3‑238.  Uniformity of application and construction.

In applying and construing this Part, a court shall consider the promotion of uniformity of the law among jurisdictions that enact Article 3 of the Uniform Unregulated Child Custody Transfer Act.

§ 48‑3‑239.  Relation to Electronic Signatures in Global and National Commerce Act.

This Part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b).

part II. clarifying change

SECTION 2.  G.S. 48‑3‑205 reads as rewritten:

§ 48‑3‑205.  Disclosure of background information.

(a)        Notwithstanding any other provision of law, before Before placing a minor for adoption, an individual or agency placing the minor, or the individual's agent, must shall compile and provide to the prospective adoptive parent a written document containing all of the following information:

(1)        The date of the birth of the minor and the minor's weight at birth and any other reasonably available nonidentifying information about the minor that is relevant to the adoption decision or to the minor's development and well‑being;well‑being.

(2)        Age of the biological parents in years at the time of the minor's birth;birth.

(3)        Heritage of the biological parents, which shall consist consisting of nationality, ethnic background, and race;race.

(4)        Education of the biological parents, which shall be consisting of the number of years of school completed by the biological parents at the time of the minor's birth; andbirth.

(5)        General physical appearance of the biological parents.

In addition, the written document must shall also include all reasonably available nonidentifying information about the health of the minor, the biological parents, and other members of the biological parents' families that is relevant to the adoption decision or to the minor's health and development. This health‑related information shall include each such individual's present state of physical and mental health, health and genetic histories, and information concerning any history of emotional, physical, sexual, or substance abuse. This health‑related information shall also include an account of the prenatal and postnatal care received by the minor. The information described in this subsection, if known, shall, upon written request of the minor, be made available to the minor upon the minor reaching age 18 or upon the minor's marriage or emancipation.

(b)        Information provided under this section, or any information directly or indirectly derived from such the information, may shall not be used against the provider or against an individual described in subsection (a) of this section who is the subject of the information in any criminal action or any civil action for damages. In addition, information provided under this section may shall not be admitted in evidence against the provider or against an individual described in subsection (a) of this section who is the subject of the information in any other action or proceeding.

(c)        The agency placing the minor shall receive and preserve any additional health‑related information obtained after the preparation of the document described in subsection (a) of this section.

(d)       The Division shall develop and make available forms designed to collect the information described in subsection (a) of this section. However, forms reasonably equivalent to those provided by the Division may be substituted.

part IiI. severability, Effective date, and applicability

SECTION 3.(a)  If a provision of this act or its application to a person or circumstance is held invalid, the invalidity does not affect another provision or application that can be given effect without the invalid provision.

SECTION 3.(b)  The Revisor of Statutes shall cause to be printed, as annotations to the published General Statutes, all relevant portions of the Official Comments to Article 3 of the Uniform Unregulated Child Custody Transfer Act and all explanatory comments of the drafters of this act as the Revisor may deem appropriate.

SECTION 3.(c)  This act is effective when it becomes law and applies to placement of a minor for adoption beginning 60 days after the effective date of this act.