§ 48-1-101. Definitions.
§ 48‑1‑101. Definitions.
In this Chapter, the followingdefinitions apply:
(1) "Adoptee"means an individual who is adopted, is placed for adoption, or is the subjectof a petition for adoption properly filed with the court.
(2) "Adoption"means the creation by law of the relationship of parent and child between twoindividuals.
(3) "Adult"means an individual who has attained 18 years of age, or if under the age of18, is either married or has been emancipated under the applicable State law.
(3a) "Adoptionfacilitator" means an individual or a nonprofit entity that assistsbiological parents in locating and evaluating prospective adoptive parentswithout charge.
(4) "Agency"means a public or private association, corporation, institution, or otherperson or entity that is licensed or otherwise authorized by the law of thejurisdiction where it operates to place minors for adoption. "Agency"also means a county department of social services in this State.
(4a) "Agencyidentified adoption" means a placement where an agency has agreed to placethe minor with a prospective adoptive parent selected by the parent orguardian.
(5) "Child"means a son or daughter, whether by birth or adoption.
(5a) "Confidentialintermediary" means a licensed adoption agency staff person who may act asa third party to facilitate contact between an adult adoptee or the adultlineal descendant of a deceased adoptee and the biological parent.
(5b) "Criminalhistory" means a county, State, or federal conviction of a felony by acourt of competent jurisdiction or a pending felony indictment of a crime forchild abuse or neglect, spousal abuse, a crime against a child, including childpornography, or for a crime involving violence, including rape, sexual assault,or homicide, other than physical assault or battery; a county, State, orfederal conviction of a felony by a court of competent jurisdiction or apending felony indictment for physical assault, battery, or a drug‑relatedoffense, if the offense was committed within the past five years; or similarcrimes under federal law or under the laws of other states.
(6) "Department"means the North Carolina Department of Health and Human Services.
(7) "Division"means the Division of Social Services of the Department.
(8) "Guardian"means an individual, other than a parent, appointed by a clerk of court inNorth Carolina to exercise all of the powers conferred by G.S. 35A‑1241,including a standby guardian appointed under Article 21 of Chapter 35A of theGeneral Statutes whose authority has actually commenced; and also means anindividual, other than a parent, appointed in another jurisdiction according tothe law of that jurisdiction who has the power to consent to adoption under thelaw of that jurisdiction.
(9) "Legalcustody" of an individual means the general right to exercise continuingcare of and control over the individual as authorized by law, with or without acourt order, and:
a. Includes the rightand the duty to protect, care for, educate, and discipline the individual;
b. Includes the rightand the duty to provide the individual with food, shelter, clothing, andmedical care; and
c. May include theright to have physical custody of the individual.
(9a) "Linealdescendant of a deceased adoptee" means any person who descends from the directline of the adoptee.
(10) "Minor"means an individual under 18 years of age who is not an adult.
(11) "Party"means a petitioner, adoptee, or any person whose consent to an adoption isnecessary under this Chapter but has not been obtained.
(12) "Physicalcustody" means the physical care of and control over an individual.
(13) "Placement"means transfer of physical custody of a minor to the selected prospectiveadoptive parent. Placement may be either:
a. Direct placement bya parent or the guardian of the minor; or
b. Placement by anagency.
(14) "Preplacementassessment" means a document, whether prepared before or after placement,that contains the information required by G.S. 48‑3‑303 and anyrules adopted by the Social Services Commission.
(15) "Relinquishment"means the voluntary surrender of a minor to an agency for the purpose ofadoption.
(16) "Report to thecourt" means a document prepared in accordance with G.S. 48‑2‑501,et seq.
(17) "State"means a state as defined in G.S. 12‑3(11).
(18) "Stepparent"means an individual who is the spouse of a parent of a child, but who is not alegal parent of the child. (1949, c. 300; 1953, c. 880; 1957, c. 778, s. 1; 1961,c. 241; 1969, c. 982; 1971, c. 157, ss. 1, 2; c. 1231, s. 1; 1973, c. 476, s.138; 1975, c. 321, s. 2; 1977, c. 879, s. 1; 1981, c. 924, s. 1; 1985, c. 758,s. 4; 1995, c. 457, s. 2; 1997‑215, s. 11(e); 1997‑443, s.11A.118(a); 1998‑229, s. 12; 2001‑150, s. 1; 2007‑262, s. 2;2007‑276, s. 7.)