New Law in Effect · October 2025 · NCGS §7B-906.2(b1)
Serving Wake County · Johnston · Durham · Chatham · Harnett · All of NC
Does the New Law Apply to Your Situation?
NCGS §7B-906.2(b1) does not apply automatically to every foster placement. You must meet all five criteria below for DSS to be required to seek a court hearing before removing the child.
The child is in the legal custody of a county Department of Social Services.
The child has lived continuously in your home for at least 12 consecutive months, and you object to the removal.
You are a relative caretaker (grandparent, aunt, uncle, sibling, etc.), or you are a non-relative caretaker and no willing and able relative is available to provide proper care in a safe home.
The court-ordered primary or secondary permanent plan for the child is adoption.
You object to the removal and have notified DSS in writing that you want to adopt the child.
Important Exception: This law does not apply if there are allegations that the child was abused or neglected while in your care. If DSS is citing abuse or neglect concerns, different legal procedures apply. Contact an attorney immediately.
What You Can Do in Court
Once the criteria are met, DSS is required to file a motion and the court must schedule a hearing within 30 days. The clerk must give you formal written notice. At that hearing, even though you are not technically a party to the juvenile case, you have the following rights under the new law:
Speak directly to the judge about your relationship with the child and your home
Present your own evidence — school records, medical history, photos, letters, expert testimony
Cross-examine DSS witnesses who testify in support of the placement change
Be represented by an attorney who can advocate forcefully for you and the child
Have the court apply a “best interests of the child” standard — not simply accept DSS’s preference
While you have the right to appear without an attorney, DSS will have legal counsel at this hearing. An experienced child welfare attorney knows how to build a compelling evidentiary record, challenge DSS’s reasoning, and frame the case in terms of the child’s best interests — which is the legal standard the judge must apply. This is not a hearing to navigate alone.
What to Do the Moment You Learn DSS Plans to Move Your Child
Send a written statement to the DSS caseworker and their supervisor stating that you object to the removal and that you desire to adopt the child. Do this the same day you are notified. This written notice is what legally triggers the protections under NCGS §7B-906.2(b1).
DSS has a legal obligation to file a motion requesting a hearing within 30 days. The sooner you retain an attorney, the more time there is to prepare your case, gather evidence, and build the strongest possible record for the judge.
Begin collecting school records, medical records, photos, and any written communications with DSS. Think about teachers, therapists, coaches, neighbors, and others who know the child and can speak to how they are thriving in your home.
If DSS has made any allegations of abuse or neglect in your home, this statute may not protect you and different legal procedures apply. An attorney can assess whether this exception applies to your situation and advise you on the correct course of action.
The 30-day hearing window is short. Every day matters.
Questions Foster Parents Ask About DSS Removal
Generally, no — if all five criteria are met, the statute requires DSS to file the motion and request the hearing before the placement change. If DSS attempts to move the child before the hearing without proper process, that is a serious issue you should raise with an attorney immediately.
Yes. Grandparents are relative caretakers under this statute. If your grandchild has been in DSS custody and has lived in your home for at least 12 consecutive months, the adoption plan is in place, and you have notified DSS of your intent to adopt, you qualify for this protection.
Yes, under a specific condition. Non-relative foster parents qualify if there are no relatives who are willing and able to provide proper care and supervision in a safe home. If DSS has already considered and ruled out relative placements, you may qualify as a non-relative caretaker under the statute.
The statute explicitly does not apply when there are allegations of abuse or neglect of the child while in your care. If DSS is raising safety concerns, different legal procedures apply and the situation requires immediate legal attention. This does not mean you have no rights — it means the legal pathway is different.
Yes — significantly. DSS will be represented by legal counsel at this hearing. Without an attorney, you are unlikely to know how to properly present evidence, how to cross-examine witnesses effectively, or how to frame your argument under the best-interests standard. An experienced Board Certified child welfare attorney levels the playing field and often makes the decisive difference in outcome.
NCGS §7B-906.2(b1) became effective October 1, 2025, as part of North Carolina’s Fostering Care in NC Act (House Bill 612, S.L. 2025-16). It applies to proceedings filed or pending on or after that date.
Board Certified Child Welfare Attorneys
Sydney Batch and Shannon Poore are two of a very small number of attorneys in North Carolina who hold Board Certification in Child Welfare Law from the NC State Bar. This certification requires demonstrated expertise, peer recognition, and a substantial record of child welfare cases. They understand how DSS operates, how juvenile courts apply the best-interests standard, and how to build the strongest case for foster parents and kinship caregivers facing placement changes.
Serving Foster Families Across North Carolina
We represent foster parents, relative caretakers, kinship caregivers, and prospective adoptive families in juvenile court proceedings statewide. Our primary focus counties include:
Johnston County
Durham County
Chatham County
Harnett County
Franklin County
Orange County
Nash County
Lee County
Granville County
Moore County
+ All 100 NC Counties
This page is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Batch, Poore & Williams, PC. The information above reflects NCGS §7B-906.2(b1) as enacted by S.L. 2025-16 (House Bill 612), effective October 2025. Every situation is different. Contact our office to discuss the specific facts of your case.