Text of NC S 442 (2025)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S D SENATE BILL DRS35180-NB-2A Short Title: Parents Protection Act. (Public) Sponsors: Senators Burgin, Galey, and Sawrey (Primary Sponsors). Referred to: *DRS35180-NB-2A* A BILL TO BE ENTITLED 1 AN ACT TO MAKE VARIOUS CHANGES TO LAWS AFFECTING THE CARE OF 2 JUVENILES AND THE ADOPTION OF CHILDREN. 3 The General Assembly of North Carolina enacts: 4 SECTION 1.(a) The title of Article 1 of Subchapter I of Chapter 7B of the General 5 Statutes reads as rewritten: 6 "Article 1. 7 "Purposes; Definitions.Definitions; Limitation." 8 SECTION 1.(b) Article 1 of Subchapter I of Chapter 7B of the General Statutes is 9 amended by adding a new section to read: 10 "§ 7B-102. Limitation. 11 A parent, guardian, custodian, or caretaker who raises a juvenile consistent with the juvenile's 12 biological sex, or who refers to a juvenile consistent with the juvenile's biological sex, shall not 13 be subject to a petition supporting abuse or neglect under this Subchapter based solely on those 14 acts. This section shall not be construed to authorize or allow any other acts or omissions 15 prohibited by this Subchapter that would constitute abuse or neglect, including abandonment or 16 the creation of an injurious environment." 17 SECTION 1.(c) G.S. 48-3-203 reads as rewritten: 18 "§ 48-3-203. Agency placement adoption. 19 (a) An agency may acquire legal and physical custody of a minor for purposes of adoptive 20 placement only by means of a relinquishment pursuant to Part 7 of this Article or by a court order 21 terminating the rights and duties of a parent or guardian of the minor. 22 (a1) No agency shall deny or delay (i) the opportunity to become an adoptive parent or (ii) 23 the placement of a child for adoption on the basis of race, any of the following: 24 (1) Race, color, or national origin of the person or the child involved. 25 (2) The adoptive parents' refusal, unwillingness, or lack of support to enable the 26 child to engage in a gender transition. 27 …." 28 SECTION 1.(d) G.S. 131D-10.1 reads as rewritten: 29 "§ 131D-10.1. Foster Care Children's Bill of Rights; purpose. 30 (a) It is the policy of this State to strengthen and preserve the family as a unit consistent 31 with a high priority of protecting children's welfare. When a child requires care outside the family 32 unit, it is the duty of the State to assure that the quality of substitute care is as close as possible 33 to the care and nurturing that society expects of a family. However, the State recognizes there 34 are instances when protecting a child's welfare outweighs reunifying the family unit, and as such, 35 the care of residential care facilities providing high quality services that include meeting the 36 FILED SENATE Mar 24, 2025 S.B. 442 PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 Page 2 DRS35180-NB-2A children's educational needs as determined by the Department of Health and Human Services, 1 Division of Social Services can satisfy the standard of protecting a child's welfare, regardless of 2 the child's age, particularly when the sibling groups can be kept intact. To that end, the General 3 Assembly promotes the following in the provision of foster care: 4 (1) A safe foster home free of violence, abuse, neglect, and danger. The act of 5 raising a child in a manner consistent with the child's biological sex, including 6 any related mental health or medical decisions, shall not be considered a 7 violation under this subdivision of violence, abuse, neglect, or danger, as those 8 terms are used in this subdivision. 9 … 10 A violation of subdivisions (1) through (11) of this subsection shall not be construed to create a 11 cause of action under this section against the State, the Department of Health and Human 12 Services, or a person or entity providing foster care pursuant to this Article. 13 (a1) No agency or other State entity shall deny or delay (i) the opportunity to become a 14 foster parent or (ii) the placement of a child in foster care on the basis of race, any of the 15 following: 16 (1) Race, color, or national origin of the person or the child involved. 17 (2) The adoptive parents' refusal, unwillingness, or lack of support to enable the 18 child to engage in a gender transition. 19 (b) The purpose of this Article is to assign the authority to protect the health, safety and 20 well-being of children separated from or being cared for away from their families." 21 SECTION 1.(e) This section becomes effective December 1, 2025, and applies to 22 petitions filed on or after that date. 23 SECTION 2.(a) G.S. 14-318.2 reads as rewritten: 24 "§ 14-318.2. Child abuse a misdemeanor. 25 … 26 (d) Any parent of a child less than 16 years of age, or any other person providing care to 27 or supervision of the child, is not guilty of a violation of this section for raising a child consistent 28 with the child's biological sex, including referring to a child consistent with the child's biological 29 sex, and making related mental health or medical decisions based on the child's biological sex. 30 Nothing in this subsection shall be construed to authorize or allow any other acts or omissions 31 that would constitute a violation under this section, including the infliction of serious physical 32 injury or the creation of a substantial risk of physical injury." 33 SECTION 2.(b) G.S. 14-318.4 reads as rewritten: 34 "§ 14-318.4. Child abuse a felony. 35 … 36 (c1) Any parent of a child less than 16 years of age, or any other person providing care to 37 or supervision of the child, is not guilty of a violation of this section for raising a child consistent 38 with the child's biological sex, including referring to a child consistent with the child's biological 39 sex, and making related mental health or medical decisions based on the child's biological sex. 40 Nothing in this subsection shall be construed to authorize or allow any other acts or omissions 41 that would constitute a violation under this section, including the infliction of serious bodily 42 injury or serious physical injury. 43 (d) The following definitions apply in this section: 44 (1) Serious bodily injury. – Bodily injury that creates a substantial risk of death 45 or that causes serious permanent disfigurement, coma, a permanent or 46 protracted condition that causes extreme pain, or permanent or protracted loss 47 or impairment of the function of any bodily member or organ, or that results 48 in prolonged hospitalization. 49 (2) Serious physical injury. – Physical injury that causes great pain and suffering. 50 The term includes serious mental injury. For purposes of this subdivision, a 51 General Assembly Of North Carolina Session 2025 DRS35180-NB-2A Page 3 parent raising a child consistent with the child's biological sex does not 1 constitute serious mental injury." 2 SECTION 2.(c) This section becomes effective December 1, 2025, and applies to 3 offenses committed on or after that date. 4 SECTION 3. Except as otherwise provided, this act becomes effective December 1, 5 2025. 6

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 SESSION LAW 2025-59 SENATE BILL 442 *S442-v-4* AN ACT TO MAKE VARIOUS CHANGES TO LAWS AFFECTING THE CARE OF JUVENILES AND THE ADOPTION OF CHILDREN. The General Assembly of North Carolina enacts: SECTION 1.(a) The title of Article 1 of Subchapter I of Chapter 7B of the General Statutes reads as rewritten: "Article 1. "Purposes; Definitions.Definitions; Limitation." SECTION 1.(b) Article 1 of Subchapter I of Chapter 7B of the General Statutes is amended by adding a new section to read: "§ 7B-102. Limitation. Raising a juvenile consistent with the juvenile's biological sex, or referring to a juvenile consistent with the juvenile's biological sex, shall not be a basis supporting the filing of a petition supporting abuse or neglect under this Subchapter. This section shall not be construed to authorize or allow any other acts or omissions prohibited by this Subchapter that would constitute abuse or neglect, including abandonment or the creation of an injurious environment." SECTION 1.(c) G.S. 48-3-203 reads as rewritten: "§ 48-3-203. Agency placement adoption. (a) An agency may acquire legal and physical custody of a minor for purposes of adoptive placement only by means of a relinquishment pursuant to Part 7 of this Article or by a court order terminating the rights and duties of a parent or guardian of the minor. (a1) No agency shall deny or delay (i) the opportunity to become an adoptive parent or (ii) the placement of a child for adoption on the basis of race, any of the following: (1) Race, color, or national origin of the person or the child involved. (2) The adoptive parents' refusal, unwillingness, or lack of support to enable the child to engage in a gender transition. …." SECTION 1.(d) Subsection (b) of this section is effective when it becomes law and applies to petitions filed before, on, or after that date. Subsection (c) of this section is effective when it becomes law and applies to petitions and placements for adoption and opportunities to become an adoptive parent requested, filed, or submitted before, on, or after that date. The remainder of this section is effective when it becomes law. SECTION 2.(a) G.S. 14-318.2 reads as rewritten: "§ 14-318.2. Child abuse a misdemeanor. … (d) Any parent of a child less than 18 years of age, or any other person providing care to or supervision of the child, is not guilty of a violation of this section for raising a child consistent with the child's biological sex, including referring to a child consistent with the child's biological sex, and making related mental health or medical decisions based on the child's biological sex. Nothing in this subsection shall be construed to authorize or allow any other acts or omissions Page 2 Session Law 2025-59 Senate Bill 442 that would constitute a violation under this section, including the infliction of serious physical injury or the creation of a substantial risk of physical injury." SECTION 2.(b) G.S. 14-318.4 reads as rewritten: "§ 14-318.4. Child abuse a felony. … (c1) Any parent of a child less than 18 years of age, or any other person providing care to or supervision of the child, is not guilty of a violation of this section for raising a child consistent with the child's biological sex, including referring to a child consistent with the child's biological sex, and making related mental health or medical decisions based on the child's biological sex. Nothing in this subsection shall be construed to authorize or allow any other acts or omissions that would constitute a violation under this section, including the infliction of serious bodily injury or serious physical injury. (d) The following definitions apply in this section: (1) Serious bodily injury. – Bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization. (2) Serious physical injury. – Physical injury that causes great pain and suffering. The term includes serious mental injury. For purposes of this subdivision, a parent raising a child consistent with the child's biological sex does not constitute serious mental injury." SECTION 2.(c) This section becomes effective July 1, 2025, and applies to offenses committed before, on, or after that date. SECTION 3. Except as otherwise provided, this act is effective when it becomes law. In the General Assembly read three times and ratified this the 24th day of June, 2025. s/ Rachel Hunt President of the Senate s/ Destin Hall Speaker of the House of Representatives s/ Josh Stein Governor Approved 9:22 a.m. this 3rd day of July, 2025