§ 48-3-203. Agency placement adoption. - North Carolina Statutes

§ 48‑3‑203. Agency placement adoption.

(a)        An agency mayacquire legal and physical custody of a minor for purposes of adoptiveplacement only by means of a relinquishment pursuant to Part 7 of this Articleor by a court order terminating the rights and duties of a parent or guardianof the minor.

(b)        An agency shallgive any individual, upon request, a written statement of the services itprovides, its procedure for selecting a prospective adoptive parent for aminor, including the role of the minor's parent or guardian in the selectionprocess, and the procedure for an agency identified adoption and thedisclosures permitted under G.S. 48‑9‑109. This statement  shallinclude a schedule of any fee or expenses charged or required to be paid by theagency and a summary of the provisions of this Chapter that pertain to therequirements and consequences of a relinquishment and to the selection of aprospective adoptive parent.

(c)        An agency maynotify the parent when a placement has occurred and when an adoption decree isissued.

(d)        An agency may placea minor for adoption only with an individual for whom a favorable preplacementassessment has been prepared. Placement shall be made as follows:

(1)        If the agency hasagreed to place the minor with the prospective adoptive parent selected by theparent or guardian, the minor shall be placed with the individual selected bythe parent or guardian.

(2)        If the agency hasnot agreed to place the minor with the prospective adoptive parent selected bythe parent or guardian, the minor shall be placed with the prospective adoptiveparent selected by the agency on the basis of the preplacement assessment. Theselection may not be delegated, but may be based on criteria requested by aparent who relinquishes the child to the agency.

(d1)      A minor who is inthe custody or placement responsibility of a county department of socialservices shall not be placed with a selected prospective adoptive parent priorto the completion of an investigation of the individual's criminal historypursuant to G.S. 48‑3‑309 or G.S. 131D‑10.3A and, based onthe criminal history, a determination as to the individual's fitness to haveresponsibility for the safety and well‑being of children.

(e)        In addition to theauthority granted in G.S. 131D‑10.5, the Social Services Commission mayadopt rules for placements by agencies consistent with the purposes of thisChapter.

(f)         An agency mayrelease identifying information as provided in G.S. 48‑9‑104. (1949, c. 300; 1953, c. 906;1961, c. 186; 1969, c. 911, s. 7; c. 982; 1975, c. 702, ss. 1‑3; 1977, c.879, s. 5; 1985, c. 758, ss. 10, 11; 1995, c. 457, s. 2; 1998‑229, s. 13;2001‑150, s. 7.)