NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 926

SENATE BILL 405

 

 

AN ACT TO AMEND CHAPTER 48 OF THE GENERAL STATUTES TO SPECIFY ADDITIONAL EFFECTS OF GIVING A SURRENDER AND CONSENT FOR ADOPTION TO A DIRECTOR OF PUBLIC WELFARE OR A LICENSED CHILD-PLACING AGENCY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 48 of the General Statutes is hereby amended by adding a new Section therein to be numbered 48-9.1 and to read as follows:

"§ 48-9.1.  Additional effects of surrender and consent given to director of public welfare or to licensed child-placing agency; custody of child; disposition of certain unadoptable children. The legal effects of written surrender and general consent to adoption given to and accepted by a director of public welfare or a licensed child-placing agency in accordance with G.S. 48-9(a)(1) shall be as follows:

"(1)      The county department of public welfare which the director represents, or the child-placing agency, to whom surrender and consent has been given, shall have legal custody of the child and the rights of the consenting parties, except inheritance rights, until entry of the interlocutory decree provided for in G.S. 48-17, or until the final order of adoption is entered if the interlocutory decree is waived by the court in accordance with G.S. 48-21, or until consent is revoked within the time permitted by law, or unless otherwise ordered by a court of competent jurisdiction. A county department of public welfare having custody of the child shall pay the costs of the care of the child prior to placement for adoption.

"(2)      Upon receipt of written notice from a county department of public welfare or duly licensed adoption agency which has accepted surrender, release and consent to adoption, that a child is unadoptable for physical, mental, or other causes, the county department of public welfare of the child's legal settlement at the time of the child's birth shall assume custody and full responsibility for the care of the child and shall acknowledge acceptance of custody and responsibility in writing to the notifying agency. Certified copies of the notice and acceptance shall be filed by the county department of public welfare with the State Department of Public Welfare. Such transfer of custody of the child shall be accompanied by the surrender, release and consent and the county department of public welfare shall thereafter have the same authority to place the child and give consent for his adoption as given to the original agency. In the event of controversy as to the county of the child's legal settlement at the time of his birth, any court assuming jurisdiction over the controversy shall determine which county department of public welfare shall be responsible for the care and custody of the child in accordance with the provisions of G.S. 110-29(3). The county of the child's settlement at the time of his birth shall be deemed the county of residence of the child for the purpose of making appropriate disposition of the child under G.S. 110-29(3). If the court shall award custody of the child to a county department of public welfare, the court shall order the child-placing agency to deliver the surrender and consent in its possession to the county department of public welfare to which custody of the child has been given. The county department of public welfare, upon receiving custody of the child and the surrender and consent, shall have authority to give consent to the adoption of the child as in the case of surrender and consent given initially to a director of public welfare. The agency or director of public welfare having the surrender, release and consent and the custody of the child may make mutually voluntary placement of the child with one or more of those who surrendered the child, as to the agency or director may seem in the best interest of the child and the parties to the surrender, provided the placement is approved by a court of competent jurisdiction."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be effective on and after July 1, 1967.

In the General Assembly read three times and ratified, this the 27th day of June, 1967.