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NC S567

Bill

Status

Passed

7/11/2010

Primary Sponsor

Fletcher Hartsell

Click for details

Origin

Senate

2010 Session

AI Summary

Senate Bill 567 Summary

  • Redefines "responsible individual" as a parent, guardian, custodian, or caretaker who abuses or seriously neglects a juvenile, replacing the previous director-identification standard.

  • Establishes that individuals can only be placed on the responsible individuals list after failing to timely petition for judicial review, obtaining a court determination, or being criminally convicted for the same incident.

  • Creates a judicial review process in district court with a 15-day filing deadline after notification, replacing the previous expunction procedure, with the director bearing the burden of proof by preponderance of evidence.

  • Requires district court judges to schedule judicial review hearings within 15 days and allows judges to cancel hearings if the director determines insufficient evidence supports the abuse or neglect determination.

  • Allows juvenile court petitions to allege and seek determinations that respondents are responsible individuals, with allegations of responsible individual status proved by preponderance of evidence rather than clear and convincing evidence.

Legislative Description

Responsible Individuals List/Abuse & Neglect

Last Action

Ch. SL 2010-90

7/11/2010

Committee Referrals

Judiciary II6/2/2010
Energy and Energy Efficiency5/11/2009
Commerce3/12/2009

Full Bill Text

No bill text available