NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION

CHAPTER 218
SENATE BILL 117

AN ACT TO PROVIDE A LIMITATION ON THE OBLIGATION OF PARENTS TO PAY THE COST OF CARE AND MAINTENANCE OF CERTAIN CHILDREN IN STATE DEPARTMENT OF MENTAL HEALTH FACILITIES.

The General Assembly of North Carolina do enact:

Section 1.  Article 7 of Chapter 143 of the General Statutes is hereby amended by adding at the end thereof a new section designated G.S. 143-127.1 to read as follows:
"§ 143-127.1.  Parental liability for payment of cost of care for long term patients in State Department of Mental Health facilities. — (a) Notwithstanding the foregoing provisions of G.S. 143-117 through G.S. 143-127 inclusive, the natural or adoptive parents of persons who are long term patients at facilities owned or operated by the State Department of Mental Health shall only be liable on the charges made by such facility for treatment, care and maintenance for an amount not to exceed the cost of caring for a normal child at home as determined from standard sources by the State Department of Mental Health.
(b)	Parents or adoptive parents of a long term patient in a facility owned or operated by the State Department of Mental Health shall not be liable for any charges made by such facility for treatment, care and maintenance of such a patient incurred or accrued subsequent to such patient attaining age 21.
(c)	For purposes of this section the term "long term patient" is defined as a person who has been a patient in a facility owned or operated by the State Department of Mental Health for a continuous period in excess of 120 days. No absence of a patient from the facility due to a temporary or trial visit shall be counted as interrupting the accrual of the 120 days herein required to attain the status of a long term patient."
Sec. 2.  G.S. 14-322.2 is hereby amended and rewritten to read as follows:
"§ 14-322.2.  Failure to support handicapped dependent. — If any father or mother shall wilfully fail and refuse to provide support for a physically handicapped child or a mentally retarded child who becomes eighteen years of age and who is unable to be self-supporting, then the parent shall be guilty of a misdemeanor; failure to provide such support shall be a continuing offense after the eighteenth birthday and after the child reaches his majority until such time as the physically handicapped or mentally retarded dependent is able to become self-supporting or until such time as such dependent attains age 21 and is a patient in a facility owned or operated by the State Department of Mental Health."
Sec. 3.  G.S. 50-13.8 is hereby amended and rewritten to read as follows:
"§ 50-13.8.  Custody and support of persons incapable of self-support upon reaching majority. — For the purposes of custody and support, the rights of a person who is mentally or physically incapable of self-support upon reaching his majority shall be the same as a minor child for so long as he remains mentally or physically incapable of self support, provided that no parent may be held liable for the charges made by a facility owned or operated by the State Department of Mental Health for the care, maintenance and treatment of such person who is a long term patient."
Sec. 4.  This act is intended to relieve and shall be construed to relieve, any parent of any liability for charges accrued prior to the ratification of this act for treatment, care and maintenance of a natural or adoptive child at facilities owned or operated by the State Department of Mental Health.
Sec. 5.  This act shall become effective upon ratification.
In the General Assembly read three times and ratified, this the 21st day of April, 1971.