JUV CT-DOMEST VIOL&SEX ASSAULT

Session: 103rd General Assembly
Year: 2023
Bill #: HB3237
Category: Juvenile Justice
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that the court's finding that there is probable cause that the minor is abused or neglected cannot be based solely on domestic violence against the parent, guardian, or custodian, even if the domestic violence occurred in the presence of the minor. Provides that any probable cause determination must be supported by a factual basis that is unrelated to domestic violence against a parent, guardian, or custodian and that is sufficient to independently support a finding of probable cause of abuse or neglect under the Act. Provides that an environment is injurious if conditions in the child's environment create a real, significant and imminent likelihood of moderate to severe harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence".



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