The bill establishes a "best interests of the child" standard as the primary guideline for judicial and Children, Youth and Families Department actions in abuse and neglect cases, amending the Children's Code to prioritize child safety and clarify the definition of "aggravated circumstances." Key provisions include the requirement for a child's guardian ad litem and attorney to zealously represent the child's best interests, the necessity for written findings in decisions, and the adoption of rules to support these changes. The bill also emphasizes family unity when it does not conflict with the child's health and safety, while introducing new definitions such as "aggravated physical neglect" and "educational decision maker."
Additionally, the bill mandates that custody hearings be held within ten days of a petition being filed and requires reasonable efforts to preserve and reunify families when consistent with the child's best interests. It specifies that if a child is found to be neglected or abused, the court must document findings regarding familial relationships and efforts to identify relatives for potential placement. The legislation also allows for immediate appeals of custody orders and prohibits the termination of parental rights solely based on a parent's incarceration or the child's Indian heritage, thereby enhancing the legal framework surrounding child welfare and ensuring that the child's best interests are prioritized in all relevant proceedings.
Statutes affected: introduced version: 32A-1-3, 32A-4-2, 32A-4-7, 32A-4-8, 32A-4-10, 32A-4-18, 32A-4-22, 32A-4-23, 32A-4-25, 32A-4-28