Archive

• Disclosure of Child Welfare Records in Cases Where DSS is Not a Party

  This entry was contributed by Timothy Heinle on October 16, 2025 at 8:00 am and is filed under Child Welfare Law, Civil Practice, Social Services.

  Child welfare records maintained by a department of social services (DSS) contain sensitive information that parties in various proceedings are often interested in seeing. A complex web of state and federal law governs the disclosure of these records – more than I can cover here. For purposes of this post, it’s sufficient to know that G.S. 108A-80 is a broadly applicable confidentiality statute that applies to DSS and covers client information generally. Absent limited statutory exceptions, G.S. 108A-80(a) prohibits disclosure of information related to individuals who apply for or receive public assistance or social services, including child welfare services.

  Child welfare information is also subject to an additional set of confidentiality restrictions under Chapter 7B of the North Carolina General Statutes. For example, G.S. 7B-302 makes information that is obtained by DSS related to a juvenile’s alleged abuse, neglect, or dependency (A/N/D) confidential. Similarly, G.S. 7B-2901(b) requires DSS to maintain confidential records of juveniles it has in its custody. Both statutes provide exceptions to the confidentiality requirement.

  This post explores how the exceptions in G.S. 7B-302 and 7B-2901(b) apply when a party—either in a North Carolina civil case where DSS is not a party or in a criminal or delinquency matter—wants DSS child welfare records about someone other than themselves. Note that in this post I use the term ‘DSS records’ to refer to child welfare records maintained by DSS, including those from juvenile A/N/D proceedings. Continue Reading

• The Fostering Care in NC Act: Changes to Child Welfare Effective October 1, 2025, Part 2, and an On-Demand Webinar on the Legislative Changes

  This entry was contributed by Sara DePasquale on October 1, 2025 at 4:39 pm and is filed under Child Welfare Law.

  This is my third post discussing S.L. 2025-16, the Fostering Care in NC Act. The various sections of this significant 32-page session law have different effective dates: June 26, 2025, October 1, 2025, December 1, 2025, and April 1, 2026. This post discusses two significant changes to child welfare law that are effective October 1^st:

  • the right to seek expungement from the Responsible Individuals List (RIL) through a district court action under the new G.S. 7B-325, and
  • post-adoption contact agreement and orders between parents and prospective adoptive parents for children who are in DSS custody through an order entered in an abuse, neglect, or dependency (A/N/D) action under the new G.S. 7B-909.2, -909.3 and 50-13.2B.

  Because the changes made in S.L. 2025-16 and some other shorter session laws addressing child welfare are so numerous, my colleague, Kristi Nickodem, and I made a 1.5 hour on-demand webinar discussing these changes. It is free of charge and can be viewed at any time. There are no continuing education credit hours available. You can view the webinar at https://vimeo.com/1121169767. The end of this post has a list of all the posts addressing the legislative changes discussed in the webinar. Continue Reading

• Legislative Changes to Ex Parte Proceedings for the Provision of Emergency Services to Disabled Adults

  This entry was contributed by Meredith Smith on September 30, 2025 at 12:20 pm and is filed under Adult Protective Services.

  On November 1, 2025, legislative changes to North Carolina adult protective services (APS) law take effect pursuant to Session Law 2025-27, Part V. There are three primary changes reflected in two new statutes, G.S. 108A-106.1 and -106.2.

  1. Magistrates are authorized to accept for filing petitions for the provision of emergency services to disabled adults when the clerk’s office is closed and the petitioner requests the court enter an ex parte emergency services order. S. 108A-106.1.
  2. Certain “Authorized Magistrates” (defined below) may hear petitions for the provision of emergency services to disabled adults and enter ex parte emergency services orders. G.S. 108A-106.2(a), (b).
  3. District court judges and Authorized Magistrates may authorize ex parte emergency services orders telephonically under certain circumstances. G.S. 108A-106.2(c).

  This post explains each of these legislative changes in greater detail.

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• Statutory Case Review Multidisciplinary Teams: S.L. 2025-23 Provides a New Model for Protecting Vulnerable Adults

  This entry was contributed by Meredith Smith on September 17, 2025 at 10:22 am and is filed under Adult Protective Services.

  *This post is co-authored with my colleague, Kristi Nickodem.

  For years, local stakeholders in North Carolina have been forming adult protective multidisciplinary teams (MDTs)—groups of professionals from different disciplines who find ways to prevent and respond to abuse, neglect, and exploitation of vulnerable adults. Effective October 1, Session Law 2025-23 authorizes each North Carolina county to form a “Case Review Multidisciplinary Team,” whose members will be legally permitted to share confidential information with each other as necessary to investigate, review, and coordinate services for active adult protective services cases. The stated public policy of this new law recognizes that professionals from disparate disciplines have expertise that can promote the safety and well-being of disabled adults and older adults and prevent re-victimization. G.S. 108A-118(a).  This blog post explains the requirements of the new law and addresses some frequently asked questions.  If you are interested in learning more about S.L. 2025-23, we also have a one-hour webinar that is available for free on demand.

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• The Fostering Care in NC Act: Changes to Child Welfare Effective October 1, 2025, Part 1

  This entry was contributed by Sara DePasquale on August 20, 2025 at 2:17 pm and is filed under Child Welfare Law.

  This is my second post discussing S.L. 2025-16, the Fostering Care in NC Act. The various sections of this significant 32-page session law have different effective dates. Some sections became effective on June 26, 2025 and are discussed in my previous post – https://civil.sog.unc.edu/the-fostering-care-in-nc-act-changes-to-child-welfare-and-dss-that-are-effective-now/ – and my colleague’s post discussing changes to DHHS oversight https://civil.sog.unc.edu/state-oversight-of-county-departments-of-social-services-changes-in-session-law-2025-16/).

  Other sections are effective on October 1, 2025. The focus of this blog is on most of the provisions in Part I of S.L. 2025-16 that become effective on October 1, which is not that far away. Continue Reading

• Circulating Draft Orders in Juvenile Abuse, Neglect, Dependency Proceedings

  This entry was contributed by Timothy Heinle on July 15, 2025 at 9:06 am and is filed under Child Welfare Law.

  Assume a hearing in a juvenile abuse, neglect, or dependency (AND) matter has just concluded. The judge announced the broad strokes of their ruling from the bench.  Questions about who is responsible for drafting the order, the need to circulate the order, what happens when a draft order is received by the judge, and the effect on this process if a party appears pro se are discussed in this post. Continue Reading

• The Fostering Care in NC Act: Changes to Child Welfare and DSS that Are Effective Now

  This entry was contributed by Sara DePasquale on June 30, 2025 at 5:44 am and is filed under Child Welfare Law.

  On June 26, 2025, H612 was signed by the Governor and became S.L. 2025-16. This session law makes significant amendments to the laws addressing juvenile abuse, neglect, and dependency (A/N/D) and the oversight provided by the North Carolina Department of Health and Human Services (NCDHHS) over county departments of social services (DSS). The session law also affects termination of parental rights, adoptions of minors, permanent no contact orders, felony child abuse, and criminal history checks for applicants for city and county jobs that involve working with children. Finally, this session law enacts a guardianship assistance program for certain children who were in DSS custody when guardianship was ordered. The various sections of this significant 32-page session law have different effective dates, with some sections effective on June 26, 2025 and others not effective until as late as April 1, 2026. This blog only summarizes the changes that are effective now. Continue Reading

• Introducing a New Flow Chart for Adult Protective Services Court Proceedings

  This entry was contributed by Meredith Smith on June 11, 2025 at 8:30 pm and is filed under Adult Protective Services.

  Navigating the legal requirements applicable to adult protective services (APS) court proceedings can be challenging, given the expedited nature of the cases, the different types of orders the court may issue, and the varying legal standards and timelines that apply to each order. The urgent and often emergency-driven nature of APS cases adds further complexity to the process. That’s why we developed a new resource designed to assist county department of social services (DSS) directors, social workers, and attorneys—along with court officials and other professionals involved in APS —better understand the essential steps in a court proceeding to obtain an order for APS protective and emergency services.

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• A/N/D and TPR Cases: The Role of the Child’s Guardian ad Litem

  This entry was contributed by Sara DePasquale on April 30, 2025 at 8:04 am and is filed under Child Welfare Law.

  In abuse, neglect, dependency (A/N/D) and termination of parental rights (TPR) proceedings, the child who is the subject of the action is a party. G.S. 7B-401.1(f); -601; -1104. In most actions, the child is represented by a guardian ad litem (GAL). See G.S. 7B-601; -1108(b)–(c). This post provides an overview of the rights and duties of the child’s GAL, which are addressed in statute and case law. Continue Reading

• Big Changes Coming to North Carolina’s Child Fatality Prevention System

  This entry was contributed by Kristi Nickodem on February 18, 2025 at 9:55 am and is filed under Child Welfare Law.

  Tragically, 1,474 North Carolina children under the age of 18 died in 2022. According to the North Carolina Child Fatality Task Force’s 2024 Annual Report, the rate of child deaths in 2022 was 64.2 per 100,000 children—the highest rate recorded in the state since 2009. North Carolina will soon undergo a substantial restructuring of its statewide child fatality prevention system, including changes to how child fatalities and active child protective services cases are reviewed at the local level. The statutory changes to the system’s structure, many of which will become effective on July 1, 2025, were part of the 2023 Appropriations Act (S.L. 2023-134), as later amended by S.L. 2024-1 and S.L. 2024-57. The goal of these changes was to “eliminate the silos and redundancy that exist within the current system,” while also seeking to strengthen the system’s effectiveness in preventing child abuse, neglect, and death. Read on to learn more about the new system.

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