(1) A child is neglected or dependent if:
A parent, guardian, or legal custodian has abandoned the child or has subjected himor her to mistreatment or abuse or a parent, guardian, or legal custodian has suffered or allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and prevent it from recurring;
The child lacks proper parental care through the actions or omissions of the parent,guardian, or legal custodian;
The child's environment is injurious to his or her welfare;
A parent, guardian, or legal custodian fails or refuses to provide the child with properor necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being;
The child is homeless, without proper care, or not domiciled with his or her parent,guardian, or legal custodian through no fault of such parent, guardian, or legal custodian;
The child has run away from home or is otherwise beyond the control of his or herparent, guardian, or legal custodian;
The child is born affected by alcohol or substance exposure, except when taken asprescribed or recommended and monitored by a licensed health care provider, and the newborn child's health or welfare is threatened by substance use.
(2) A child is neglected or dependent if:
A parent, guardian, or legal custodian has subjected another child or children to anidentifiable pattern of habitual abuse; and
Such parent, guardian, or legal custodian has been the respondent in another proceeding under this article in which a court has adjudicated another child to be neglected or dependent based upon allegations of sexual or physical abuse, or a court of competent jurisdiction has determined that such parent's, guardian's, or legal custodian's abuse or neglect has caused the death of another child; and
The pattern of habitual abuse described in paragraph (a) of this subsection (2) and thetype of abuse described in the allegations specified in paragraph (b) of this subsection (2) pose a current threat to the child.
Source: L. 87: Entire title R&RE, p. 760, § 1, effective October 1. L. 97: Entire section amended, p. 516, § 2, effective July 1; entire section amended, p. 1433, § 8, effective July 1. L. 2005: (1)(g) added, p. 587, § 2, effective July 1. L. 2020: (1)(g) amended, (SB 20-028), ch. 186, p. 854, § 5, effective June 30.
Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1103 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to this section by Senate Bill 97-218 and Senate Bill 97-71 were harmonized.