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A. PROHIBITED ACTIVITIES IN PLACEMENT
B. UNLAWFUL PAYMENTS RELATED TO ADOPTION
E. UNAUTHORIZED DISCLOSURE OF INFORMATION
1. No one other than a person or entity specified in N.C.G.S.§48-3-201 may place a minor for adoption. No one other than a person or entity specified in N.C.G.S.§48-3-201, or an adoption facilitator, may solicit potential adoptive parents for children in need of adoption. No one other than an agency or an adoption facilitator, or an individual with a completed pre-placement assessment that contains a finding that the individual is suitable to be an adoptive parent or that individual's immediate family, may solicit for adoption a potential adoptee.
2. No one other than a county department of social services, an adoption facilitator, or an agency licensed by the Department in this State may advertise in any periodical or newspaper, or by radio, television, or other public media, that any person or entity will place or accept a child for adoption. Persons with current, favorable pre-placement assessments may advertise their desire to adopt in a periodical or newspaper or on radio, television, cable television or on the Internet. This advertisement must include a statement that the person has a completed, favorable pre-placement assessment, identify the agency which prepared the assessment and the date it was completed. The advertisement may state whether the person is willing to provide lawful expenses as permitted by N.C.G.S.§48-10-103.
3. A person who violates (1) or (2) above is guilty of a Class 1 misdemeanor.
4. The district court may enjoin any person from violating this section.
1. Except as provided in N.C.G.S.§48-10-103, a person or entity may not pay or give, offer to pay or give, or request, receive or accept any money or anything of value, directly or indirectly, for:
a. The placement of a minor for adoption;
b. The consent of a parent, a guardian, or an agency to the adoption of a minor;
c. The relinquishment of a minor to an agency for purposes of adoption; or
d. Assisting a parent or guardian in locating or evaluating a potential adoptive parent or in transferring custody of a minor to the adoptive parent.
2. A person who violates this section is guilty of a Class 1 misdemeanor. For each subsequent violation, a person is guilty of a Class H felony which may include a fine of not more than ten thousand dollars ($10,000).
3. The district court may enjoin any person or entity from violating this section.
1. An adoptive parent, or another person acting on behalf of an adoptive parent, may pay the reasonable and actual fees and expenses for:
a. Services of an agency in connection with an adoption;
b. Medical, hospital, nursing, pharmaceutical, traveling, or other similar expenses incurred by a mother or her child incident to the pregnancy and birth or any illness of the adoptee;
c. Counseling services for a parent or the adoptee that are directly related to the adoption and are provided by a licensed psychiatrist, psychologist, marital and family therapist, registered practicing counselor, certified social worker, fee-based practicing pastoral counselor or other licensed professional counselor, or an employee of an agency;
d. Ordinary living expenses of a mother during the pregnancy and for no more than six weeks after the birth;
e. Expenses incurred in ascertaining the information required under N.C.G.S.§48-3-205 about an adoptee and the adoptee's biological family;
f. Legal services, court costs, and traveling or other administrative expenses connected with an adoption, including any legal service connected with the adoption performed for a parent who consents to the adoption of a minor or relinquishes the minor to an agency; and
g. Preparation of the pre-placement assessment and the report to the court.
2. A birth parent, or another person acting on the parent's behalf, may receive or accept payments authorized in (1) above; or a provider of a service listed in (1) above may receive or accept payments for that service.
3. A payment authorized by (1) above may not be made contingent on the placement of the minor for adoption, relinquishment of the minor, consent to the adoption, or cooperation in the completion of the adoption. Except as provided in (4) below, if the adoption is not completed, a person who has made payments authorized by (1) above may not recover them; but neither is this person liable for any further payment unless the person has agreed in a signed writing with a provider of a service to make this payment regardless of the outcome of the proceeding for adoption.
4. A prospective adoptive parent may seek to recover a payment if the parent or other person receives or accepts it with fraudulent intent to prevent the proposed adoption from being completed.
5. An agency may charge or accept a reasonable fee or other compensation from prospective adoptive parents. In assessing a fee or charge, the agency may take into account the income of adoptive parents and may use a sliding scale related to income in order to provide services to persons of all incomes.
An adoptive parent, an adoptee, or any person who is the subject of any information required under N.C.G.S.§48-3-205 or authorized for release under Article 9 of Chapter 48 may bring a civil action against a person who fraudulently or intentionally misrepresents or fails to disclose information required under N.C.G.S.§48-3-205 or Article 9 of Chapter 48.
1. Except as authorized in N.C.G.S.§48-3-205 or in Article 9 of Chapter 48, no identifying or non-identifying information contained in a report or records described therein may be disclosed by present or former employees or officials of the court, and agency, the State, a county, an attorney or other provider of professional services, or any person or entity who wrongfully obtains such a report or records.
2. A person who knowingly makes an unauthorized disclosure of identifying information is guilty of a Class 1 misdemeanor.
3. The district court may enjoin for further violations any person who makes an unauthorized disclosure.
4. Notwithstanding the penalties provided in (2) above, an individual who is the subject of any of this information may bring a civil action for equitable or monetary relief or both against any person or entity who makes an unauthorized disclosure of the information.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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