**UPDATED 11/10/2023** The rule changes discussed in this post were finalized and adopted on September 28, 2023 and are effective November 27, 2023. As my colleague Sara DePasquale noted in her post summarizing 2023 child welfare legislative updates, 88 Federal Register 66700 (September 28, 2023) “amends the definition of ‘foster family home’ at 45 C.F.R. 1355.20(a) for the purposes of Title IV-E eligibility to allow for states to establish a set of licensing requirements and approval standards for relative foster family homes that are different from the standards that are used to license and approve non-relative foster family homes. A relative foster home licensed with the lower standards must receive the same payment as a licensed non-relative foster home (amended 45 C.F.R. 1356.21(m)(1)). This provision will only apply if North Carolina DHHS chooses to participate.”

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The federal Administration for Children and Families (ACF) is proposing regulatory changes that could have a significant impact on the placement of children removed from their parents due to suspected abuse, neglect, or dependency. This post discusses the proposed changes and the reasons supporting them and highlights the importance of relatives and nonrelative kin in juvenile abuse, neglect, dependency (A/N/D) proceedings.

(Note that while the proposal refers generally to Title IV-E agencies, this post refers specifically to the Department of Social Services (DSS), the petitioner in North Carolina A/N/D matters. Additionally, this post cites to the ACF’s proposal but omits internal citations within the proposal. See the proposal if you are interested in the research and other sources cited to by the ACF.)

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What law applies when a juvenile is suspected of impaired driving? If the juvenile is 16- or 17-years-old, the criminal law applies in the same way that it applies to someone aged 18 or older. These offenses are carved out of juvenile jurisdiction (G.S. 7B-1501(7)b.) They are therefore criminal matters from their inception. However, if the juvenile is under age 16 at the time of the offense, the case is a juvenile matter from its inception. This blog explains how cases alleging impaired driving under the age of 16 should proceed pursuant to the Juvenile Code.

Recently, the School of Government hosted its biennial Guardianship Proceedings for Appointed Counsel program, co-sponsored by the Office of Indigent Defense Services. The program brings together attorneys who serve as guardians ad litem (GALs) in incompetency and guardianship proceedings – a unique role in our judicial system if ever there was one.

During the program, we discussed the reality that in every proceeding, assumptions get made—by the parties, doctors, social workers, clerks, and GALs themselves—and we brainstormed how GALs can turn those moments into opportunities for more effective representation. I thought it could be useful to share some of the ideas discussed by the group and to welcome folks who were not in attendance to reach out and share their own ideas. Continue Reading

**This post was written by my colleague Phil Dixon. You can reach Phil at dixon@sog.unc.edu

In response to the opioid crisis, North Carolina passed several protections designed to alleviate some of the legal liability surrounding drug use in the interest of harm reduction and public health. One of those protections authorized needle exchange programs (alternatively known as safe syringes programs). G.S. 90-113.27. A recent study examined how the needle exchange program is working in seven North Carolina counties and found that the law was not consistently applied. Brandon Morrison et al., “They Don’t Go by the Law Around Here”: Law Enforcement Interactions After the Legalization of Syringe Services Programs in North Carolina, vol. 19, Harm Reduction Journal, 106 (Sept. 27, 2022). Considering the study’s findings, I thought a refresher on the immunity provisions for syringe exchanges and similar protections would be timely. Read on for the details.

January recognizes the importance of knowing about human trafficking. The President has declared January Human Trafficking Prevention Month (see the proclamation here). The North Carolina Governor and the Chief Justice have both declared January Human Trafficking Awareness Month (see the Governor’s proclamation here and the Chief Justice’s proclamation here). The purpose of these declarations is both a recognition that human trafficking in the United States and North Carolina exists and to educate our citizens about this issue. Partnerships are required for a successful response to combat the crime of human trafficking, which involves both sex and labor trafficking. The national, state, and local responses involve the prevention of human trafficking, protection for victims and survivors, and the prosecution of traffickers.