DEPENDENT AND NEGLECTED CHILD
Present law provides that the juvenile court has exclusive original jurisdiction of the proceedings in which a child is alleged to be delinquent, unruly, or dependent and neglected.
Present law provides that for the purpose of carrying out the objectives and purposes of the law regarding juvenile courts and proceedings and subject to the limitations of that law or imposed by the court, a probation officer, or other designated officers of the court, must take into custody and detain a child who is under such probation officer's supervision or care as a delinquent, unruly, or dependent and neglected child if the probation officer, or other designated officers of the court, have reasonable cause to believe that the child's health or safety is in imminent danger, or that such child may abscond or be removed from the jurisdiction of the court, or when ordered by the court. Such child may be placed in detention or shelter care only if authorized by and in accordance with existing law.
Present law prohibits a child taken into custody from being detained or placed in shelter care prior to the hearing on the petition unless there is probable cause to believe that the child is a neglected, dependent or abused child, and in either case the child's detention or shelter care is required because the child is subject to an immediate threat to the child's health or safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm, or the child may abscond or be removed from the jurisdiction of the court, and in either case, there is no less drastic alternative to removal of the child from the custody of the child's parent, guardian, legal custodian or the person who physically possesses or controls the child available that would reasonably and adequately protect the child's health or safety or prevent the child's removal from the jurisdiction of the court pending a hearing.
Present law authorizes a child alleged to be dependent or neglected to be detained or placed in shelter care only in a licensed foster home or a home approved by the court, a facility operated by a licensed child care agency, and any other suitable place or facility designated or operated by the court, and must not be detained in a jail or other facility intended or used for the detention of adults charged with criminal offenses or of children alleged to be delinquent.
Present law provides that there is a presumption that any child that is born to a parent, from whose custody a child has previously been removed for being dependent or neglected and the child who was previously removed is in the custody of the department of children's services ("department"), may be dependent or neglected and that it is in the best interest of both children that the child's birth be brought to the court's attention. Upon learning of the birth of the subsequent child, the department must notify the court that adjudicated the first child dependent and neglected and any other party entitled to notice of the subsequent child's birth. Upon receiving the notice, the court should immediately schedule a hearing to inquire into the effect of the subsequent child's birth upon the case before the court and to address any further needed steps to protect the safety and well-being of the family.
Present law also provides that if the court finds that a child is dependent and neglected who has willfully been left in the sole financial care and sole physical care of a related caregiver for not less than 18 consecutive months by the child's parent, parents or legal custodian to the related caregiver, and the child will suffer substantial harm if removed from the continuous care of such relative, the court must order the child to remain in the related caregiver's custody if such an arrangement is in the best interest of the child
As used in the present law, a “dependent and neglected child” means a child:
(1) Who is without a parent, guardian or legal custodian;
(2) Whose parent, guardian or person with whom the child lives, by reason of cruelty, mental incapacity, immorality or depravity is unfit to properly care for such child;
(3) Who is under unlawful or improper care, supervision, custody or restraint by any person, corporation, agency, association, institution, society or other organization or who is unlawfully kept out of school;
(4) Whose parent, guardian or custodian neglects or refuses to provide necessary medical, surgical, institutional or hospital care for such child;
(5) Who, because of lack of proper supervision, is found in any place the existence of which is in violation of law;
(6) Who is in such condition of want or suffering or is under such improper guardianship or control as to injure or endanger the morals or health of such child or others;
(7) Who is suffering from abuse or neglect;
(8) Who has been in the care and control of one or more agency or person not related to such child by blood or marriage for a continuous period of six months or longer in the absence of a power of attorney or court order, and such person or agency has not initiated judicial proceedings seeking either legal custody or adoption of the child;
(9) Who is or has been allowed, encouraged or permitted to engage in prostitution or obscene or pornographic photographing, filming, posing, or similar activity and whose parent, guardian or other custodian neglects or refuses to protect such child from further such activity; or
(10) Who has willfully been left in the sole financial care and sole physical care of a related caregiver for not less than 18 consecutive months by the child's parent, parents or legal custodian to the related caregiver, and the child will suffer substantial harm if removed from the continuous care of such relative.
This bill adds to the above definition by clarifying that a “dependent and neglected child” means a child at the time of the filing of the petition.
This bill also adds to the definition in (6) above by providing that a "condition of want or suffering" may exist because of the child's mental health or substance abuse issues for which the parent, guardian, or custodian, at no fault of their own, cannot adequately provide treatment to the child.
ON MARCH 18, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2349, AS AMENDED.
AMENDMENT #1 rewrites the bill to amend present law that provides, in the context of juvenile courts and proceedings, a "dependent and neglected child" means a child who meets one or more of the following:
(1) Who is without a parent, guardian or legal custodian;
(2) Whose parent, guardian or person with whom the child lives, by reason of cruelty, mental incapacity, immorality or depravity is unfit to properly care for such child;
(3) Who is under unlawful or improper care, supervision, custody or restraint by any person, corporation, agency, association, institution, society or other organization or who is unlawfully kept out of school;
(4) Whose parent, guardian or custodian neglects or refuses to provide necessary medical, surgical, institutional or hospital care for such child;
(5) Who, because of lack of proper supervision, is found in any place the existence of which is in violation of law;
(6) Who is in such condition of want or suffering or is under such improper guardianship or control as to injure or endanger the morals or health of such child or others;
(7) Who is suffering from abuse or neglect;
(8) Who has been in the care and control of one or more agency or person not related to such child by blood or marriage for a continuous period of six months or longer in the absence of a power of attorney or court order, and such person or agency has not initiated judicial proceedings seeking either legal custody or adoption of the child;
(9) Who is or has been allowed, encouraged or permitted to engage in prostitution or obscene or pornographic photographing, filming, posing, or similar activity and whose parent, guardian or other custodian neglects or refuses to protect such child from further such activity; or
(10) Who has willfully been left in the sole financial care and sole physical care of a related caregiver for not less than 18 consecutive months by the child's parent, parents or legal custodian to the related caregiver, and the child will suffer substantial harm if removed from the continuous care of such relative. However, a child willfully left with a related caregiver because of the parent's military service is not subject to state law requiring a dependent and neglected child to remain in a related caregiver's custody if it is in the best interests of the child.
This amendment clarifies that the meaning of (6) above applies to a child specifically at the time of the filing of the petition.

Statutes affected:
Introduced: 37-1-102(b)(13), 37-1-102, 37-1-102(b)(13)(F)