Dependency|Dependency Terms

Abandonment or abandoned means any conduct on the part of a parent, guardian, or legal custodian showing an intent to forgo parental duties or relinquish parental claims. Intent to forgo parental duties or relinquish parental claims may be evidenced by:

(A) Failure, for a period of at least six months, to communicate meaningfully with a child;

(B) Failure, for a period of at least six months, to maintain regular visitation with a child;

(C) Leaving a child with another person without provision for his or her support for a period of at least six months;

(D) Failure, for a period of at least six months, to participate in any court ordered plan or program designed to reunite a child's parent, guardian, or legal custodian with his or her child;

(E) Leaving a child without affording means of identifying such child or his or her parent, guardian, or legal custodian and:

• (i) The identity of such child's parent, guardian, or legal custodian cannot be ascertained despite diligent searching; and
• (ii) A parent, guardian, or legal custodian has not come forward to claim such child within three months following the finding of such child;

(F) Being absent from the home of his or her child for a period of time that creates a substantial risk of serious harm to a child left in the home;

(G) Failure to respond, for a period of at least six months, to notice of child protective proceedings; or

(H) Any other conduct indicating an intent to forgo parental duties or relinquish parental claims.

Abuse means:

(A) Any nonaccidental physical injury or physical injury which is inconsistent with the explanation given for it suffered by a child as the result of the acts or omissions of a person responsible for the care of a child;

(B) Emotional abuse;

(C)  abuse or sexual exploitation;

(D) Prenatal abuse; or

(E) The commission of an act of family violence as defined in Code Section 19-13-1 in the presence of a child. An act includes a single act, multiple acts, or a continuing course of conduct. As used in this subparagraph, the term "presence" means physically present or able to see or hear.

Affiliate court appointed special advocate program means a locally operated program operating with the approval of the local juvenile court which screens, trains, and supervises volunteers to advocate for the best interests of an abused or neglected child in dependency proceedings.

Case plan means a plan which is designed to ensure that a child receives protection, proper care, and case management and may include services for a child, his or her parent, guardian, or legal custodian, and other caregivers.

Child means any individual who is:

• (A) Under the age of 18 years;
• (B) Under the age of 17 years when alleged to have committed a delinquent act;
• (C) Under the age of 22 years and in the care of DFCS as a result of being adjudicated dependent before reaching 18 years of age;
• (D) Under the age of 23 years and eligible for and receiving independent living services through DFCS as a result of being adjudicated dependent before reaching 18 years of age; or
• (E) Under the age of 21 years who committed an act of delinquency before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court for the purpose of enforcing orders of the court.

Complaint is the initial document setting out the circumstances that resulted in a child being brought before the court.

Court means the juvenile court or the court exercising jurisdiction over juvenile matters.

Court appointed special advocate or "CASA" means a community volunteer who:

(A) Has been screened and trained regarding child abuse and neglect, child development, and juvenile court proceedings;

(B) Has met all the requirements of an affiliate court appointed special advocate program;

(C) Is being actively supervised by an affiliate court appointed special advocate program; and

(D) Has been sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve.

Dependent child means a child who:

• (A) Has been abused or neglected and is in need of the protection of the court:
• (B) Has been placed for care or adoption in violation of law; or
• (C) Is without his or her parent, guardian, or legal custodian.

DFCS means the Division of Family and Children Services of the department.

Diligent search means the efforts of DFCS to identify and locate a parent whose identity or location is unknown or a relative or other person who has demonstrated an ongoing commitment to a child.

Emancipation means termination of the rights of a parent to the custody, control, services, and earnings of a child.

Emotional abuse means acts or omissions by a person responsible for the care of a child that cause any mental injury to such child's intellectual or psychological capacity as evidenced by an observable and significant impairment in such child's ability to function within a child's normal range of performance and behavior or that create a substantial risk of impairment, if the impairment or substantial risk of impairment is diagnosed and confirmed by a licensed mental health professional or physician qualified to render such diagnosis.

Fictive kin means a person who is not related to the child by blood, marriage, or adoption but who prior to his or her placement in foster care is known to the family, has a substantial and positive relationship with the child, and is willing and able to provide a suitable home for the child.

Foster care means placement in foster family homes, child care institutions, or another substitute care setting approved by the department. Such term shall exclude secure residential facilities or other facilities operated primarily for the purpose of detention of a child adjudicated for delinquent acts.

Guardian ad litem means an individual appointed to assist the court in determining the best interests of a child.

Guardianship order means the court judgment that establishes a permanent guardianship and enumerates a permanent guardian's rights and responsibilities concerning the care, custody, and control of a child.

 Legal custodian means:

• (A) A person to whom legal custody of a child has been given by order of a court; or
• (B) A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of such child has been given by order of a court.

Legal father means a male who has not surrendered or had terminated his rights to a child and who:

• (A) Has legally adopted such child;
• (B) Was married to the biological mother of such child at the time such child was born or within the usual period of gestation, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19;
• (C) Married the legal mother of such child after such child was born and recognized such child as his own, unless paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; or
• (D) Has legitimated such child by a final order pursuant to Code Section 19-7-22.

Legal mother means the female who is the biological or adoptive mother of a child and who has not surrendered or had terminated her rights to such child.

Neglect means:

• (A) The failure to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for a child's physical, mental, or emotional health or morals;
• (B) The failure to provide a child with adequate supervision necessary for such child's well-being; or
• (C) The abandonment of a child by his or her parent, guardian, or legal custodian.

Parent means either the legal father or the legal mother of a child.

Permanency plan means a specific written plan prepared by DFCS designed to ensure that a child is reunified with his or her family or ensure that such child quickly attains a substitute long-term home when return to such child's family is not possible or is not in such child's best interests.

Permanent placement means:

• (A) Return of the legal custody of a child to his or her parent;
• (B) Placement of a child with an adoptive parent pursuant to a final order of adoption; or
• (C) Placement of a child with a permanent guardian.

Reasonable efforts means due diligence and the provision of appropriate services.

Visitation means a period of access to a child by a parent, guardian, legal custodian, sibling, other relative, or any other person who has demonstrated an ongoing commitment to a child in order to maintain parental and familial involvement in a child's life when he or she is not residing with such person.