Present law provides that "abuse" exists when (i) a person under 18 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, or other actions or inactions of a parent, relative, guardian, or caregiver or (ii) a person under 18 is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining child sexual abuse by the actions or inactions of a parent, relative, guardian, or caregiver. This bill provides that "abuse" also exists when a person under 18 witnesses the abuse of another child in the person's immediate family or household or domestic abuse of a member of the person's immediate family or household. This bill provides that if a child has been removed from the custody of a parent or legal guardian due to a finding of abuse, as defined above, and placed in foster care with the department or in the care of an agency, then reunification with the parent must not occur unless the parent has complied with the parent's statement of responsibilities in the permanency plan and the child has received mental health counseling. ON APRIL 15, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1241, AS AMENDED. AMENDMENT #1 clarifies that abuse exists, as described in the bill summary, if a person under 18 years of age witnesses either abuse of another child in the person's immediate family or household, or domestic abuse, of another member of the person's immediate family or household. This amendment modifies this bill's provision concerning reunification to specify that, that if a child has been removed from the custody of a parent or legal guardian due to a finding of abuse and placed in foster care with the department or in the care of an agency, then reunification with the parent must not occur unless the parent has achieved sufficient progress on the parent's permanency plan responsibilities to make reunification safe and the child has received any mental health counseling deemed necessary for reunification. Within 30 days of the date of foster care placement, present law requires that a child placement agency prepare a permanency plan for each child in its foster care. Present law specifies various components that must be included in the plan. This amendment adds that the plan for a child in foster care as a result of abuse or neglect that includes as a permanency goal the return of the child to the parent must include in the parent's statement of responsibilities a requirement that the parent complete appropriate services to address domestic violence, if the reason for the child's placement in foster care included witnessing or being subjected to domestic abuse by the parent. This amendment requires that, by January 31, 2026, and each year semiannually thereafter, the commissioner of children's services report to the chair of the judiciary committee of the senate, and the chairs of the committees of the house of representatives having jurisdiction over judiciary matters and matters related to children and family affairs, the number of children who were removed into foster care due to allegations of domestic abuse. The report must include information on the number of children who were returned home, the number of children who remained in the custody of the department, and other outcomes.

Statutes affected:
Introduced: 37-1-102(b)(1), 37-1-102
Amended with SA0031 -- 02/28/2019: 49-1-311(b), 49-1-311
Amended with SA0359 -- 04/15/2025: 37-1-102(b)(1), 37-1-102, 37-2-403(a), 37-2-403, 37-5-105