NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION
CHAPTER 1259
HOUSE BILL 890
AN ACT TO PROTECT CHILDREN BORN OUT OF WEDLOCK.
The General Assembly of North Carolina do enact:
Section 1. There is hereby created a new Section of the General Statutes to be known and designated as G.S. 110-25.1 and to read as follows:
"G.S. 110-25.1. Petition in Certain Cases Involving Illegitimate Children. When it appears from the birth certificates filed with the Bureau of Vital Statistics that a child has been born to an unwed mother who had previously given birth to two or more children out of wedlock, said Bureau shall forward copies of such birth certificates to the local health director of the county of such mother's residence; and whenever it shall come to the attention of any local official that a child has been born to a woman by a father other than her husband, which woman had previously given birth to two or more children out of wedlock, such local official shall furnish such information to the local health director of the county of residence of such woman. The local health director to whom such information may come, shall thereupon, by registered or certified mail, notify such mother that she is, or may be, subject to the provisions of this Section, and shall instruct her to report to the county director of public welfare in the county of her residence for consultation and advice within fifteen (15) days after receipt of such letter. A copy of such letter shall be mailed to the county director of public welfare in the county of such mother's residence. If the mother fails to report to the county director of public welfare within fifteen (15) days following receipt of the letter, then the county director shall thereupon begin the investigation hereinafter required.
"In the course of the consultation and advice hereinabove provided for, the county director of public welfare shall make, or cause to be made through his own staff or through the staff of a private social agency, an investigation for the purpose of determining if such child, and any other children living with such mother, are living under such conditions, or are under such improper or insufficient guardianship or control, as to endanger the health or general welfare of any such child or children, within the meaning of subsection (2) of G.S. 110-21. If, upon such investigation, the county welfare director is of the opinion that such living conditions or surroundings, or such improper or insufficient guardianship or control of such child or children, are such as to endanger the health or general welfare of any such child or children, then said director or some person under his supervision, or the personnel of the private social agency hereinabove referred to, shall consult and advise with the mother of such child or children for the purpose and to the end that such conditions and surroundings be improved, and proper and sufficient guardianship and control be established. If, after such consultation and advice with said mother, such director is of the opinion that the health or general welfare of any such child or children is and will continue to be in danger, then such director shall thereupon file with the court a verified petition stating the alleged facts which bring such child or children within the provisions of the Section, which said petition shall also contain all other information required by the provisions of G.S. 110-25. Upon the filing of such petition, the issuance and service of summons and the making of any interlocutory orders shall be made in accordance with the provisions of G.S. 110-26, G.S. 110-27, and G.S. 110-28.
"After having given due notice, as provided by G.S. 110-26, the court shall conduct a hearing in accordance with the provisions of G.S. 110-29, and if, upon said hearing, the court is satisfied that the health or general welfare of any such child or children is in danger, and that such child or children are in need of more suitable guardianship, then the court may thereupon take such action as, in its discretion, it deems proper and suitable, and as provided in G.S. 110‑29, subsections 2, 3, 4 or 5."
Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 3. This Act shall be in full force and effect from and after July 1, 1963.
In the General Assembly read three times and ratified, this the 26th day of June, 1963.