This bill amends certain provisions of law governing child welfare to establish that when an adult living in a child's home has been convicted of a crime of violence and has not completed a certified domestic violence intervention program, that situation represents jeopardy and serious harm to the child and is an example of behavior showing that a parent is currently unwilling or unable to meet the child's needs. Specifically, the bill amends the definitions of "jeopardy" and "serious harm" under the Child and Family Services and Child Protection Act and amends the provisions of law governing the criteria a court may use to appoint a guardian for a minor. The bill amends provisions governing child jeopardy hearings to create 2 rebuttable presumptions. The first presumption provides that allowing contact with the person seeking custody or contact with the child would create a situation of jeopardy if that person has been convicted of a crime of violence and has not completed a certified domestic violence intervention program. The 2nd presumption provides that a parent or person responsible for a child creates a situation of jeopardy for the child if the parent or person allows, encourages or fails to prevent contact between the child and a person who has been convicted of a crime of violence and has not completed a certified domestic violence intervention program. In each case, the person against whom the presumption applies may produce evidence to rebut the presumption.

Statutes affected:
Bill Text LD 752, SP 245: 18-C.5, 22.4002