New NC Law Expands Rights for Foster Parents and Caretakers in DSS Cases: What You Need to Know

Published by Batch, Poore & Williams, PC — Advocates for Families Across North Carolina

A sweeping new law—House Bill 612, the “Fostering Care in NC Act”—was recently ratified in North Carolina and will bring significant changes to the way courts, county departments of social services (DSS), and caretakers handle child welfare cases involving abuse, neglect, and dependency (A/N/D). The reforms, most of which go into effect on October 1, 2025, aim to improve protections for children while enhancing the legal clarity and procedural fairness for parents, foster parents, and caretakers.

Here’s a breakdown of what these changes mean for foster parents, relatives and caretakers, and parents involved in A/N/D proceedings.

Expanded Rights for Foster Parents and Caretakers

Key Change: Standing and Intervention Rights

The new law expands the ability of current foster parents and caretakers—including grandparents or other relatives—to intervene in A/N/D cases in limited circumstances.

Permanency Placement Protections

Under G.S. 7B-906.2(b1), when DSS plans to move a child from a caretaker or foster home where the child has lived for over 12 months, the foster parent/caretaker now has the right to present evidence, cross-examine witnesses, and even retain counsel to oppose the move—so long as the child is not returning to a biological parent or there are no abuse concerns with the caretaker/foster parent. This gives foster and kin caregivers a stronger voice in the child’s future.

New Tools To Challenge DSS Decisions

Review of Screened-Out Reports

Previously, if DSS declined to investigate a report of abuse or neglect, there was little recourse. Now, a new review process allows concerned individuals to appeal DSS’s screen-out decisions directly to the DHHS Division of Social Services. This additional layer of accountability can help protect families from administrative errors.

Increased Oversight and Fairness

“Christal’s Law,” a part of this bill, strengthens state oversight of county DSS agencies. If a county fails to follow legal mandates, DHHS can revoke the agency relationship and shield the state from liability—encouraging more rigorous adherence to best practices and legal standards.

Increased Protections for Families Accused of Abuse or Neglect

Legal Representation for DSS Standardized

Until now, DSS attorneys weren’t required to have specific training. Effective April 1, 2026, DSS attorneys must complete training in child welfare law, similar to the existing requirements for parent and GAL attorneys. This levels the legal playing field, helping ensure fairness, competency and professionalism in court proceedings.

Rule 17 Guardians Ad Litem Limited

In a win for teen parents, the automatic appointment of a Rule 17 Guardian ad Litem (GAL) will now only apply to parents aged 15 or younger. For 16- and 17-year-olds, the court must decide on a case-by-case basis whether the teen parent should have a Rule 17 GAL appointed. This shift acknowledges the constitutional rights of older minor parents to make decisions for their children.

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Open Adoptions and Post-Adoption Contact Agreements

New Option: Open Adoption Agreements in DSS cases

The bill creates a framework for post-adoption contact agreements—limited to cases where the child is in DSS custody from an A/N/D order. These voluntary, court-approved agreements allow for continued contact between the child and birth family after adoption, which can offer emotional security for the child, expedite permanency and reduce appeals.

Clearer Rules Around Custody, Hospitalization, and Mental Health Treatment

Hospital Discharge Disputes

When a child in DSS custody is hospitalized for mental health treatment, the court must now hold a hearing quickly if the hospital deems the child ready for discharge but no placement exists. This avoids prolonged, unnecessary hospital stays for children who need stable placements.

New Pathway for Expunging the Responsible Individuals List (RIL)

For individuals who have been placed on the Responsible Individuals List—a permanent record of substantiated abuse or serious neglect—HB 612 now creates a process for expungement after a specified time period, unless disqualifying convictions exist. This offers a second chance for individuals who have turned their lives around.

Kinship Guardianship Assistance Program (KinGAP)

This law finally codifies KinGAP, a financial assistance program for relatives and close family friends who assume guardianship. Eligible guardians can now receive state and federal assistance, helping to maintain continuity of care for children outside of traditional foster homes.

Criminal Background Checks and Violent Offender Orders

Starting October 1, 2025, any city or county employee offered a role working with children must pass a criminal background check. In addition, courts can now issue permanent no-contact orders against convicted violent offenders, offering added protections to victims and their families.

Why This Matters for Our Clients

At Batch, Poore & Williams, PC, we represent clients across the spectrum of child welfare—from biological parents defending their rights, to foster parents navigating the court system, to relatives stepping in as caretakers. The changes in HB 612:

• Empower caretakers with stronger legal rights;
• Offer safeguards for parents in A/N/D proceedings;

• Enhances transparency in DSS decision-making;
• Provide tools for expungement from the RIL list and gives those a second chance.

Whether you are seeking custody, facing a DSS investigation, or fostering a child, these reforms could dramatically affect your case.

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Need Legal Guidance?

If you’re a parent, grandparent, foster parent, caregiver, or guardian dealing with DSS or the family courts, our experienced board certified child welfare attorneys are here to help you navigate these evolving legal standards. Contact us today to schedule a consultation.