DOMESTIC RELATIONS Failure to Support For purposes of terminating parental or guardian rights in order to make a child available for adoption, present law provides that "abandonment" includes several varying circumstances, including "failed to support" or "failed to make reasonable payments toward such child's support." Such failure is, for the applicable time period, a failure to provide monetary support or more than token payments toward the support of the child. That the parent had only the means or ability to make small payments is not a defense to failure to support if no payments were made during the relevant time period. This bill adds that such failure does not include the failure to meet the needs of a child solely due to financial hardship unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent. Termination of Parental or Guardianship Rights Factors In determining whether termination of parental or guardianship rights is in the best interest of the child, present law requires the court to consider all relevant and child-centered factors applicable to the particular case before the court. Those factors may include, but are not limited to, several factors outlined in present law, including whether the child is fearful of living in the parent's home. This bill adds as a new factor to be considered, the individual economic circumstances of each parent. This bill further adds, when considering the factors, the court must not weigh a factor against a parent solely due to financial hardship unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent. JUVENILE COURTS Abuse For the purposes of juvenile courts and proceedings, present law provides that "abuse" exists when a child is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability, or physical or mental condition caused by brutality, neglect, use of force, extreme or repeated cruelty, sexual abuse or other actions or inactions of a parent, relative, guardian, or caregiver. This bill clarifies that abuse does not exist when the alleged harm is solely due to a parent or guardian's financial hardship, unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent or guardian. Dependent and Neglected Child Present law provides several scenarios that define a "dependent and neglected child" at the time of the filing of the petition. This bill clarifies that a "dependent and neglected child" does not mean a child who meets any of the listed scenarios solely due to a parent or guardian's financial hardship unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent or guardian. This bill stipulates the same for "severe child abuse." Termination of Parental Rights Present law authorizes a juvenile court to terminate the rights of a parent or guardian to a child. This bill prohibits the juvenile court from terminating the rights of a parent or guardian solely due to a parent or guardian's financial hardship unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent or guardian. Penalties Present law provides that when a child is alleged to be a dependent and neglected child, the parent, guardian or other person who by any willful act causes, contributes to or encourages such dependency and neglect commits a Class A misdemeanor, triable in the circuit or criminal court. A Class A misdemeanor is punishable by no more than 11 months, 29 days in prison or a fine not to exceed $2,500, or both. This bill prohibits such penalty from being imposed on a parent or guardian solely due to a parent or guardian's financial hardship unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent or guardian. Required Actions In determining whether to continue or restore custody to a parent is in the best interest of a child, present law prohibits the department of children's services from requiring a parent to (i) obtain employment if such parent has sufficient resources from other means to care for the child, or (ii) provide the child with the child's own bedroom, unless certain circumstances apply. This bill adds to this list a prohibition on requiring a parent to ameliorate conditions of financial hardship outside of the parent or guardian's financial ability to do so, unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent or guardian. CRIMINAL OFFENSES AGAINST THE FAMILY For purposes of criminal child abuse and child neglect or endangerment, this bill provides that abuse or neglect does not exist when the alleged harm is solely due to a parent or guardian's financial hardship unless reasonable material resources such as cash assistance, safe and stable housing, or tangible goods have been offered to and refused by the parent or guardian.

Statutes affected:
Introduced: 36-1-102(1)(D), 36-1-102, 36-1-113(i)(1), 36-1-113, 37-1-102(b)(1), 37-1-102, 37-1-102(b)(13), 37-1-102(b)(27), 37-1-147(a), 37-1-147, 37-1-157, 37-1-166(h), 37-1-166, 39-15-401