Fostering Care of NC Act is Now Effective!

Yesterday, October 1st, 2025, marks a historic moment for child welfare in North Carolina. The next set of changes from FOSTERING CARE ACT OF NC (S.L. 2025-16), which introduces critical and impactful changes to protect vulnerable children and support their caregivers has taken effect.

This legislation, passed in June, represents a monumental step forward, enhancing stability, oversight, and communication within the child welfare system. Here is an overview of select changes that are now law:

RIGHT TO A COURT HEARING BEFORE REMOVAL OF A CHILD (G.S. 7B-906.2(b1))

• Enhanced Stability: If a child has lived with a foster or kinship caregiver for 12 or more consecutive months, the permanency plan includes adoption, and the caregiver intends to adopt, DSS cannot remove the child (unless for reunification or safety) without a formal court hearing.

• Caregiver Voice: Caregivers now have the right to present evidence, cross-examine witnesses, and be represented by an attorney at their own expense during this critical hearing.

STATE-LEVEL DSS AUTHORITY OVER COUNTY-LEVEL DSS (“CHRISTAL’s LAW”) (G.S. 108A-74(a5))

• Increased Accountability: The state Division of Social Services now has direct oversight authority over county DSS agencies. The state can access and review records for any open or closed (within the previous 12 months) child welfare case to inquire into county practices.

• Your Action: Caregivers can now request a state-level review and a directive to the county DSS to correct a violation. This is a crucial mechanism if you believe the county is:

  • Refusing or delaying filing a juvenile petition to protect a child.

  • Ignoring reports or concerns about a child's well-being.

  • Not actively working to secure permanency (e.g., adoption or guardianship).

POST-ADOPTION CONTACT AGREEMENT (PACA) (G.S. 7B-909.2)

• Voluntary, Enforceable Connection: A PACA is now a voluntary, legally binding agreement between adoptive parents and the biological parents or relatives of a child being adopted out of DSS custody.

• Best Interest of the Child: It allows parties to agree on contact after adoption finalization. The agreement is drafted in court-approved mediation, approved by a judge, and becomes a legally enforceable court order. Adoptive parents must agree voluntarily.

DSS SCREEN-OUT REVIEW AND NOTIFICATION RIGHTS (G.S. 7B-302)

• Reporter Rights: This provision strengthens the rights of individuals who report child abuse or neglect.

• Required Notification: DSS must now notify the reporter in writing within 5 working days of receiving a report whether it was accepted for assessment. Following the assessment, DSS must again notify the reporter of the findings and any intended action (including whether or not a petition was filed) within 5 working days of completion.

• Right to Review: If DSS decides not to file a petition, the reporter may now request a prosecutor to review that decision.

These changes collectively strengthen the safety net for children in foster care, empower caregivers with a stronger voice, and introduce a higher level of oversight and transparency.

Please share this vital information within your networks. Understanding these new rights and mechanisms is essential for all involved in North Carolina's child welfare system.

This is a time to celebrate the tireless work of advocates, lawmakers, and caregivers across the state and continue momentum for change in Mecklenburg County!