H424 Summary

• Creates new criminal offense G.S. 14-321.2 prohibiting unlawful transfer of custody of a minor child by a parent without court order, with exceptions for legal adoptions, relative placements, and temporary placements for medical or educational needs.

• Makes it unlawful for a parent to effect unlawful custody transfer, for a person to accept such transfer (except those who promptly notify law enforcement), and for persons to advertise or recruit for unlawful transfers.

• Establishes Class A1 misdemeanor penalty for violations; elevates to Class G felony if offense results in serious physical injury to the child.

• Defines "unlawful transfer of custody" as transfer to non-relatives without court authorization in violation of adoption law or through grossly negligent omission, excluding lawful adoptions, relative transfers, and temporary placements with prior substantial relationships.

• Effective December 1, 2016 for criminal provisions; directs Department of Health and Human Services to develop support programs for families at risk of adoption dissolution.