Across North Carolina, 11,000 children live in foster care, each one navigating a system often marked by instability and unmet needs.[1] In a landmark move this summer, the state took decisive action to address these challenges by passing House Bill 612, the Fostering Care in NC Act, ushering in sweeping reforms to its child welfare and foster care system.[2] Signed into law by Governor Josh Stein, the legislation was unanimously approved by both the House and the Senate.[3] Governor Stein praised the legislation as a measure that would “protect our most vulnerable children and strengthen our child welfare system.”[4] HB 612 comprehensively overhauls the state’s approach to foster care, juvenile, and child welfare proceedings.[5] Significantly, it expands the oversight provided by the North Carolina Department of Health and Human Services (NCDHHS) over county departments of social services (DSS).[6]
Efforts to reform North Carolina’s child welfare program have been ongoing for over a decade.[7] Momentum for HB 612 was galvanized in part by a widely viewed investigative documentary that exposed systemic failures in child welfare services, prompting legislators to act.[8] Furthermore, in 2024, a class action lawsuit against NCDHHS, the second in two years, alleged that North Carolina’s foster care system had been operating in a state of crisis for years.[9] The complainants highlighted that children in the state of North Carolina are placed into institutions at twice the national average and are shuttled between placements with “disturbing frequency.”[10]
North Carolina is one of only nine states in the country where child welfare is state-supervised but county-administered.[11] NCDHHS sets policies, but counties implement them, leading to inconsistent practices.[12]Representative Allen Chesser of Nash County, the primary sponsor of HB 612, emphasized the need for reforms that prioritize achieving better life outcomes for children and promoting an environment that supports permanency and reunification.[13] Thus, HB 612 aims to bridge the gap between state policy and county implementation.
HB 612 brings extensive changes to North Carolina law. with most provisions going into effect by October 1, 2025, and others becoming effective next year.[14] The bill seeks to improve accountability and consistency by tightening procedures and deadlines for investigating abuse and neglect, clarifying how children are placed in nonsecure custody, and requiring supervised visits before children are returned to their parents or guardians.[15]Additionally, it expands the ability of current foster parents and caretakers, including grandparents or other relatives, to intervene in abuse, neglect, and dependency cases in limited circumstances.[16]
Significantly, it increases NCDHSS’s ability to review cases and intervene if needed, for example, by requiring a county to hand over a case to another county or to the state if there is a conflict of interest within the department.[17]HB 612 grants NCDHHS access to certain county DSS records and limits the department’s liability when counties fail to comply with state directives.[18] Moreover, “Christal’s Law,” a provision within HB 612, strengthens state oversight by allowing NCDHHS to revoke a county’s agency status if it fails to meet legal mandates, thereby reinforcing accountability and adherence to best practices.[19]
Supporters of HB 612, including child welfare advocates and foster parents, have hailed it as a “lifeline” for foster children.[20] They argue that the law will streamline the path to permanency, give caregivers a stronger voice in court proceedings, and promote consistency across counties.[21] However, the bill has sparked concern from adoption attorneys who point to changes in HB 612 extending the timeframe a putative father may show care to a child.[22]These provisions may increase risks of failed adoptions for adopting parents, which creates uncertainty as to when adoptions are final and leads to less permanency for children.[23] Moreover, some foster parents contend that HB 612’s failure to guarantee that children in foster care have their own client-directed attorney means it does little to address the systemic issues harming North Carolina children.[24]
Thus, HB 612 represents a bold attempt to address long-standing issues in North Carolina’s child welfare system. Whether it proves to be a step forward or back will depend on its implementation, rigorous oversight, and the ability to balance the rights of biological parents, foster and adoptive families, and, most importantly, the needs of children. Ultimately, the true measure of its impact will be whether it delivers on its promise to enhance safety, promote permanency, and provide meaningful support for North Carolina’s most vulnerable children.[25]
[1] N.C. Dept. of Health and Hum. Serv., Transforming Child Welfare in North Carolina: A Unified Vision for Children and Families 2 (2025).
[2] H.B. 612, 2025 Gen. Assemb. (N.C. 2025).
[3] Brianna Kraemer, Foster care bill unanimously passes NC legislature, The Carolina Journal (June 19, 2025), https://www.carolinajournal.com/foster-care-bill-unanimously-passes-nc-legislature/.
[4] Governor Stein Takes Action on 10 Bills, N.C. Off. of the Governor (June 26, 2025), https://governor.nc.gov/news/press-releases/2025/06/26/governor-stein-takes-action-10-bills.
[5] Kerri Carswell, Race-matching dispute fuels foster care reform, The Carolina Journal (Oct. 3, 2025), https://www.carolinajournal.com/as-ncs-child-welfare-laws-change-one-couples-fight-for-justice-becomes-more-urgent/.
[6] See Julianna Roseland, What to know about the NC laws taking effect in October, The Carolina Journal (Oct. 7, 2025), https://www.carolinajournal.com/what-to-know-about-nc-laws-taking-effect-in-october/.
[7] Grace Vitaglione, NC House lawmakers propose ‘long overdue’ reforms to child welfare system, NC Health News (Apr. 10, 2025), https://www.northcarolinahealthnews.org/2025/04/10/nc-house-lawmakers-propose-reforms-to-foster-care/ (explaining reforms such as “Rylan’s Law,” an effort to restructure the system passed after the 2016 death of Rylan Ott, a toddler who died after being returned to his biological mother from foster care).
[8] WRAL, The Story Behind House Bill 612 – How a news story helped make a law in North Carolina, (YouTube Aug. 4, 2025), https://www.youtube.com/watch?v=grLJhlHnCos (describing documentary “Broken: Foster Care in North Carolina” about an adoptive parent accused of abusing and murdering two children which called for greater state oversight of adoptive parents). Another response to the documentary was launching PATH, a statewide unified system tracking children in North Carolina’s foster system. Mark Bergin, NC launches unified digital system for foster child tracking after WRAL documentary exposes gaps, WRAL News (June 18, 2025), https://www.wral.com/news/state/nc-unified-digital-foster-care-system-launch-june-2025/.
[9] Judge dismisses federal lawsuit over NC foster care conditions, The Carolina Journal (Sep. 26, 2025) https://www.carolinajournal.com/judge-dismisses-federal-lawsuit-over-nc-foster-care-conditions/ (explaining that the lawsuit has since been dismissed for lack of subject matter jurisdiction because the adults who filed on behalf of the children in the case did not have the adequate “significant” relationship with the children as required for next friend standing); John Kelly, North Carolina Sued over Child Welfare, Again, The Imprint (Aug. 28, 2024), https://imprintnews.org/subscriber-content/north-carolina-sued-child-welfare-again/251480.
[10] North Carolina facing class action lawsuit over foster care system, Top Class Actions (Sep. 5, 2024), https://topclassactions.com/military-government-political/north-carolina-facing-class-action-lawsuit-over-foster-care-system/.
[11] Jennifer Fernandez, et al., Lawsuits detail troubles in struggling N.C. child welfare system, as officials work to make changes, NC Health News (Sep. 9, 2024), https://www.northcarolinahealthnews.org/2024/09/09/lawsuits-child-welfare-system-officials-work-to-make-changes/.
[12] Id.
[13] Allen Chesser, House Bill 612 — Fostering Care in NC Act, North State Journal (Apr. 20, 2025), https://nsjonline.com/article/2025/04/chesser-house-bill-612-fostering-care-in-nc-act/.
[14] Sara DePasquale, The Fostering Care in NC Act: Changes to Child Welfare and DSS that Are Effective Now, Coates Canons UNC School of Government (June 30, 2025), https://canons.sog.unc.edu/2025/06/the-fostering-care-in-nc-act-changes-to-child-welfare-and-dss-that-are-effective-now/.
[15] Id.
[16] New NC Law Expands Rights for Foster Parents and Caretakers in DSS Cases: What You Need to Know, Batch, Poore, & Williams (June 26, 2025), https://batchwilliams.com/new-nc-law-expands-rights-for-foster-parents-and-caretakers-in-dss-cases-what-you-need-to-know/.
[17] Vitaglione, supra note 7.
[18] Kristi Nickodem, State Oversight of County Departments of Social Services: Changes in Session Law 2025-16, UNC School of Government(July 9, 2025), https://civil.sog.unc.edu/state-oversight-of-county-departments-of-social-services-changes-in-session-law-2025-16.
[19] New NC Law Expands Rights for Foster Parents and Caretakers in DSS Cases: What You Need to Know, supra note 16.
[20] Gaile Osbourne, 15 years as a foster parent show me why HB 612 can’t wait, The Carolina Journal (June 12, 2025), https://www.carolinajournal.com/opinion/15-years-as-a-foster-parent-show-me-why-hb-612-cant-wait/.
[21] Id.
[22] David Thurman, Uncertain forever: The harmful impact of HB 612 on adoption, The Carolina Journal (June 2, 2025), https://www.carolinajournal.com/opinion/uncertain-forever-the-harmful-impact-of-hb-612-on-adoption/.
[23] Id.
[24] Ginger Rhoads, HB 612 should give foster children a voice, The Carolina Journal (May 27, 2025), https://www.carolinajournal.com/opinion/hb-612-should-give-foster-children-a-voice/.
[25] Amber Lake, New law brings major changes to North Carolina’s foster care system, WFMY News 2, https://www.wfmynews2.com/article/news/local/new-law-brings-major-changes-to-north-carolinas-foster-care-system-house-bill-612/83-66bb5b81-ceff-4502-b25f-04fbb990c26e (last updated June 27, 2025).
