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.

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