Gov. Josh Stein, with the help of North Carolina’s legislative branch, signed a bill designed to protect children in the state’s foster care system. Touted as a lifeline for children in the foster care network, the Fostering Care in NC Act is meant to correct flaws in the system that make foster care challenging or confusing. Some of these changes will help streamline the foster care process, improve caregivers’ experiences in the courtroom, and bring transparency and accountability into welfare decisions for these children. You can contact a North Carolina foster care attorney to learn more about the act and how it can affect your process as you explore the state’s foster care network.
What HB 612 Does in Plain English
As a quick summary, here’s what the Fostering Care in NC Act accomplishes:
- Gives caregivers a louder voice: Foster parents and kin can now speak up in court before a child’s placement changes.
- Moves kids to permanency faster: Guardianship stipends start at age 10, and “open adoption” contact agreements become an option.
- Raises the safety bar: Lifetime no‑contact orders for violent offenders, stricter felony child‑abuse rules, and mandatory background checks for public employees who work with kids.
- Adds real oversight: State officials gain power to audit county DSS practices and override conflicts of interest.
- Builds in second chances: A new process lets people petition to clear their name from the Responsible Individuals List after years of good conduct.
Most of these provisions will become active by the beginning of October of this year.
Digging In: A Closer Look at the New Fostering Act
1. Guardianship Assistance Begins at Age 10—Not 14
Until now, relatives and “fictive kin” could tap state‑funded guardianship stipends only when a child turned 14. HB 612 pushes that doorway four years earlier.
- What it does: Grandparents, aunts, cousins, and close family friends who have cared for a foster child six months or more can now secure legal guardianship for ten‑, eleven‑, or twelve‑year‑olds and receive the same monthly support foster parents get.
- Why it matters: Earlier eligibility keeps kids with familiar faces instead of in agency placements, helping them settle into permanent homes sooner and sparing counties the higher cost of traditional foster care.
2. Lifelong No‑Contact Orders Against Violent Offenders
Judges have long issued protective orders, but those typically expire. HB 612 authorizes permanent, lifetime bans on contact when someone is convicted of a violent offense involving a child victim.
- What it does: At sentencing, courts may bar the offender from approaching or communicating with the child—or the child’s immediate family—forever. Violations lead to new criminal charges.
- Why it matters: Survivors no longer need to re‑file for protection every year or two, removing a major source of stress and closing a gap in long‑term safety planning.
3. Clearer, Tougher Felony Child‑Abuse Rules
The bill rewrites North Carolina’s felony child‑abuse statute to ensure it reaches any caregiver who permits, not just personally commits, a sexual act on a child under 16.
- What it does: “Allowing” abuse now triggers the same Class D or Class B2 felony levels as direct offenders. The statute also sharpens definitions of “serious physical” and “serious bodily” injury, giving prosecutors a clearer ladder of charges.
- Why it matters: Caregivers who look the other way while others harm a child can no longer dodge serious accountability, and prosecutors gain airtight language to secure convictions.
4. Background Checks for Public Employees Working With Kids
Starting October 1 , 2025, every municipality and county must run State and FBI fingerprint checks before hiring anyone whose duties include contact with children—whether that’s a library storyteller, recreation‑center coach, or after‑school program aide.
- What it does: Converts what was merely “allowed” under existing law into a mandatory, conditional‑offer requirement. Agencies must keep the offer on hold until results return.
- Why it matters: Parents can enroll kids in city and county programs with added confidence that staff have been vetted, and local governments gain uniform hiring standards across all 100 counties.
5. Documented, Court‑Supervised Steps Before Reunification
HB 612 requires county DSS workers to observe at least two supervised visits (a week apart, each ≥ 1 hour) within 30 days of court before recommending unsupervised contact or returning custody to a parent.
- What it does: Judges cannot green‑light unsupervised visits—or send a child home—without written proof that the parent’s home is safe and the child is comfortable.
- Why it matters: The days of “trial visits” based solely on worker opinion are over; courts now review concrete evidence, reducing rushed reunifications that sometimes result in repeat removals.
Next Steps for Caregivers, Parents, and Advocates
- Relatives & Kin: If you’re caring for a foster child who will be at least 10 by October 2025, talk with DSS now about transitioning to guardianship assistance.
- Biological Parents: Expect courts to ask for documented safety checks before overnight visits. Engage fully in your case plan to meet the new standard.
- Youth‑Serving Agencies: Update hiring workflows so background checks occur before start dates—build in processing time for SBI and FBI reports.
- Victim Advocates: Inform clients that permanent no‑contact orders can be requested at sentencing; gather impact statements early.
Need More Information About Fostering in North Carolina?
The Fostering Care in NC Act makes broad advances in foster care, allowing more protections and opportunities for children in the foster network. Advocates like the foster care attorneys at Breeden Law Office understand how difficult and confusing the foster care process can be. We are here to support anyone thinking of becoming a foster parent or hoping to contribute to the system. Our firm has supported North Carolinians for more than 20 years. We understand the chance fostering gives to families to grow. We want you to grow, protecting your future and your love.
Call (919) 480-8005 or fill out our contact form to get started.
