SB 433

Under current law, the court assigned to exercise jurisdiction under the

Children's Code (juvenile court) has exclusive original jurisdiction over a child who

is alleged to be in need of protection or services that can be ordered by the juvenile

court and who meets certain grounds, including any of the following:

1. The child has been the victim of abuse (abuse).

2. The child is at substantial risk of becoming the victim of abuse, based on

reliable and credible information that another child in the home has been the victim

of abuse (substantial risk of abuse).

3. The child's parent, guardian, or legal custodian neglects, refuses, or is unable

for reasons other than poverty to provide necessary care, food, clothing, medical or

dental care, or shelter so as to seriously endanger the physical health of the child

(neglect).

4. The child's parent, guardian, or legal custodian is at substantial risk of

neglect based on reliable and credible information that the parent, guardian, or legal

custodian has neglected another child in the home (substantial risk of neglect).

This bill expands the substantial risk of abuse and substantial risk of neglect

grounds for child in need of protection or services jurisdiction (CHIPS jurisdiction)

by granting to the juvenile court CHIPS jurisdiction over a child: 1) who is at

substantial risk of abuse based on the fact that another child from the child's home

has been adjudged to be in need of protection or services based on abuse or

substantial risk of abuse and is placed outside the home under a juvenile court order;

or 2) whose parent, guardian, or legal custodian is at substantial risk of neglect based

on the fact that another child from the child's home has been adjudged to be in need

of protection or services based on neglect or substantial risk of neglect and is placed

outside the home under a juvenile court order.

Under current law, the juvenile court may order an involuntary termination of

parental rights (TPR) on certain grounds, including the ground of prior involuntary

TPR to another child, which is established by proving: 1) that the child has been

adjudged to be in need of protection or services on the grounds of abandonment,

abuse, or neglect or that the child was born after the filing of a petition for TPR to

a sibling of the child on that TPR ground; and 2) that, within three years prior to the

date of that adjudication or the birth of the child, the juvenile court has ordered an

involuntary TPR with respect to another child of the parent.

This bill permits the juvenile court to order an involuntary TPR to a child on

the ground of prior

voluntary or

involuntary TPR to another child, which is

established by proving: 1) that the child has been adjudged to be in need of protection

or services on the grounds of abandonment, abuse, substantial risk of abuse, neglect,

or substantial risk of neglect or that the child was born after the filing of a petition