Petition for Alena's Law: Amending NC Statute 28C for Victims of Natural Disasters

To the North Carolina General Assembly,

We, the undersigned, petition for the swift amendment of North Carolina General Statute 28C, concerning the declaration of death for missing persons.  This change is desperately needed to provide relief and closure for families like ours, who have lost loved ones in the wake of natural disasters.

On September 27, 2024, my beloved cousin, Alena Ayers, a member of the Relief community in Mitchell County, North Carolina, vanished during the catastrophic flooding caused by Hurricane Helene.  While the bodies of her neighbors and husband were tragically recovered, Alena remains missing.  Despite exhaustive searches by dedicated volunteers, local and state law enforcement, and even my formation of a 501(c)(3) non-profit, Operation Valkyrie, specifically dedicated to finding her and helping other families in the future- we have not found her remains.  I have personally become SAR-certified through NASAR to aid in these searches.

Our heartbreak is immeasurable, and it is cruelly compounded by the current requirements of NC Statute 28C. This law mandates a 7 year waiting period before a missing person can be legally declared deceased. This agonizing delay prevents families like ours from beginning the grieving process, settling estates, applying for crucial death benefits, handling custody of minor children and ultimately, finding a measure of peace.  It adds layers of bureaucratic hardship to an already unimaginable tragedy.

Alena's Law proposes a compassionate modification to Statute 28C.  It would create a conditional exception for victims of natural disasters where there is compelling evidence suggesting they perished. This evidence could include the recovery of other victims in the immediate vicinity, the documented circumstances of the disaster, and other relevant factors.  Specifically, Alena's Law would allow families in such circumstances to petition the court for a declaration of presumed death after a reasonable period, such as 30-60 days. This would not only provide legal recourse but also acknowledge the grim realities of natural disasters and the profound impact they have on families.

This change is not about circumventing due process; it's about recognizing the unique circumstances surrounding these tragedies and offering a path forward for grieving families.  It's about acknowledging that waiting  7 years for legal closure after a catastrophic event is unnecessarily cruel and serves no just purpose.

We implore the North Carolina General Assembly to enact Alena's Law.  We urge all North Carolina residents, and anyone who has compassion for families facing similar tragedies, to sign this petition.  Let us unite our voices and bring about this much-needed change, offering a beacon of hope and a measure of justice to those who have lost so much.