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Administration of Sustice Bulletin No. 98/03 December 1998 Effective July 1, 1999. the Juvenile Code and ter- mizmtion of parental rights provisions discussed here are recodified as parts of a new Juvenile Code, G.S, Chapter 7B. Definitions S.L. 1998-229 amends G.S. 7A-517, the Juvenile Code's definitional section, to: 1. define "ag~avated circumslances" as any cir- cumstance attending to the commission of an act of abuse or neglect that increases its enormity, or adds to its injurious conse- quences, including, but not limited to. aban- donment~ torture, chronic abuse, or sexual abuse. 2. define "court of competent jurisdiction" as a court having the power and authority of law to act over the subject matter of the cause. 3. specify, that in determining whether a juvenile is "neglected." it is relevant whether the juve- nile lives in a home where another juvenile has died as a result of suspected abuse or neglect. 4. add to the definition of"reasonable efforts," the diligent and timely use of permanency planning services by a depa~ tment of social services to develop and implement a perma- nent plan for the,juvenile, when a court of competent jurisdiction has determined that the juvenile should not be returned home. Investigation S.L. 1998-229 restores to G.S. 7A-544 the re- quirements that a county director of social services, upon receiving a report of a juvenile's death as a result of suspected maltreatment, (1) ascertain whether other juveniles remain in the home and, (2) if they do, imti- ate an investigation to determine whether they reqhire protective services or should be removed from the home for their protection. Place of Nonsecure Custody G.S. 7A-576(a) addresses where a juvenile may be placed when the court orders that the juvenile be removed from the home after the filing ora petition and before the adjudicatory hearing. S.L. 1998-229 amends this subsection to specify that placement with a relative requires approval by the court and designa- tion of the relative's home in the nonsecure custody order. S.L. 1998-229 also amends both that subsection and GS. 7A-577(i)(2). which relates to hearings on the need for continued nonsecure custody, to: 1. allow the court not to place the juvenile with a relative who is willing and able to provide proper care and supervision in a safe home, ff the court finds that the placement would be contrary to the juvenile's best interests. 2. require the court, in placing a juvenile in nonsecure custody, to consider the Indian Child Welfare Act (Public Law 95-608. 25 U.S.C. §~; 1901. et seq.) and the Howard M. Metzenbaum Multiethnic Placement Act of 1994 (Public Law 103-382. 108 Stat. 4056). if they apply to the case. Reasonable Efforts "Reasonable efforts"~a term of art that otigmated in federal funding requirements--refers to the obliga- tion of a county deparunent of social services to use services diligently to (I) prevent the need m remove a juvenile fi.om his or her own home; (2) reunify a family after a juvenile has been removed from the home; or (3) ffthe court has determined that the juve- nile should not be returned home. implement a perma- nent plan for the juvenile. Consolidation of Statutory Provisions Instead of repeating requirements about reason- able efforts in the various sections to which they apply, S.L. 1998-229 puts all reasonable efforts provisions in new G.S. 7A-577.1. The section applies to any order-- whether an order for continued nonsecure custody, a dispositional order, or a review order--that places or continues the placement of a juvenile in the custody of a county, department of social services. WIten Efforts to Eliminate Need for Placement May Cease New G.S. 7A-577.1 lists circumstances in which the court, after making written findings, may direct that reasonable efforts to eliminate the need for a juvenile's placement are not requfl'ed or shall cease. These in- clude the circumstances in which the law has required the court to specify that reunification efforts are not required or to order that they cease--namely, the efforts clearly would be futile or would be inconsistent