Foster Parent Rights in NC: Can DSS Remove Your Child Without a Court Hearing?
For years, DSS could move a child from a stable, loving foster home with little formal recourse for the caretaker. Under the new subsection (b1), effective October 2025, in certain situations. With the passage of the new law, that process now requires court involvement, advance notice, and a meaningful opportunity for you to speak, present evidence, and be represented by an attorney — before any removal occurs.
What NCGS §7B-906.2(b1) Actually Requires
North Carolina General Statute §7B-906.2(b1), effective October 2025, creates a mandatory hearing process before any change of placement when specific criteria are met. This is not automatic for every foster case. It applies when all five conditions below exist at the same time.
What You Can Do in Court Under the New Law
Once the criteria are met, DSS must file a motion and request a hearing within 30 days. The clerk must give you formal notice. At that hearing, the law grants you specific rights, even though you are not technically a party to the case.
Address the court directly and tell your story
Present your own evidence to the judge
Cross-examine witnesses who testify against placement with you
Be represented by an attorney of your choosing (at your own expense)
Have the court apply a “best interests of the child” standard, not simply defer to DSS’ preference
The judge may also consider hearsay evidence and testimony from non-parties that is relevant, reliable, and necessary, giving the court a fuller picture of the child’s needs and your relationship with them.
How the Process Works, Step by Step
The moment you learn of a potential placement change, put your objection and your desire to adopt in writing to the DSS caseworker and supervisor. This written notice triggers the statute and starts the clock.
DSS is required to file a motion with the court and request a hearing within 30 days. The court clerk must provide you formal written notice of the hearing date. If they do not file a motion, you need to contact an attorney as soon as possible.
While you have the right to appear on your own, having a Board Certified Child Welfare specialist at your side dramatically changes the outcome. This is the moment to call us. The window is short.
Your attorney presents your evidence, cross-examines DSS witnesses, and argues that it is in the child’s best interests to remain in your home. The judge, not DSS, decides.
The court determines whether removal is truly in the child’s best interests. This is a meaningful legal standard requiring DSS to justify the move, not merely request it.
We Represent Foster Families Across North Carolina
Our team handles juvenile law and foster placement cases statewide. We have over 60 years combined experience in Wake County’s juvenile court system and regularly appear in courthouses across the surrounding region. If DSS has notified you of a placement change, see our detailed guide on your rights before a removal hearing.
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Board Certified in Child Welfare Law
Sydney Batch and Shannon Poore hold national and North Carolina State Bar Board Certifications in Child Welfare Law, a distinction earned by fewer than a handful of attorneys in the state. They have represented biological parents, foster parents, relative caretakers, and prospective adoptive families in juvenile court for years.
Common Questions About the New Law
Yes, under specific conditions. If no relatives are willing and able to provide proper care, a non-relative caretaker may qualify. You must also meet the other four criteria, including the 12-month residency requirement and the adoption plan.
No. The statute is explicit that participating in this hearing does not make you a formal party to the proceeding. However, you have meaningful participation rights including presenting evidence and cross-examining witnesses, which is why legal representation matters.
If all five criteria are met, DSS has a legal obligation to file the motion and request the hearing before any placement change. Contact an attorney immediately if you believe DSS is moving to circumvent this process.
The court will weigh factors like the strength of the child’s bond with you, the stability you provide, the child’s adjustment to home and school, and the potential harm of separation. This is where a strong evidentiary record, built with legal counsel, makes the greatest difference.
NCGS §7B-906.2(b1) became effective in October 2025 as part of a legislative update to North Carolina’s juvenile law framework. It applies to proceedings on or after that date.
Time Matters in These Cases
If DSS has notified you of a potential placement change, do not wait. The 30-day hearing window is short, and preparation matters. Contact our team today.
This article is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. The law described above is based on NCGS §7B-906.2(b1), effective October 2025. Every case is unique. Contact Batch, Poore & Williams, PC to discuss the specific facts of your situation.
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