Virginia HB 833: Child abuse and neglect; custody and visitation, possession or consumption of authorized substances.

Bill Text

2024SESSION
ENROLLED
1 VIRGINIAACTSOFASSEMBLY––CHAPTER
2 An Act to amend and reenact §§ 16.1-228, 16.1-278.15, 20-124.2, and 63.2-100 of the Code of Virginia,
3 relating to child abuse and neglect; custody and visitation; possession or consumption of authorized
4 substances.
5 [H833]
6 Approved
7 Be it enacted by the General Assembly of Virginia:
8 1. That §§ 16.1-228, 16.1-278.15, 20-124.2, and 63.2-100 of the Code of Virginia are amended and
9 reenacted as follows:
10 §16.1-228. Definitions.
11 As used in this chapter, unless the context requires a different meaning:
12 "Abused or neglected child" means any child:
13 1. Whose parents or other person responsible for his care creates or inflicts, threatens to create or
14 inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than
15 accidental means, or creates a substantial risk of death, disfigurement or impairment of bodily or mental
16 functions, including, but not limited to, a child who is with his parent or other person responsible for his
17 care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled
18 substance, or (ii) during the unlawful sale of such substance by that child's parents or other person
19 responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would
20 constitute a felony violation of § 18.2-248. However, possession or consumption of substances
21 authorized under Title 4.1 or Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1 by a child's parent or other
22 person responsible for his care alone shall not serve as a basis to deem a child abused or neglected
23 unless other facts establish that such possession or consumption causes or creates a risk of physical or
24 mental injury to the child;
25 2. Whose parents or other person responsible for his care neglects or refuses to provide care
26 necessary for his health; however, no child who in good faith is under treatment solely by spiritual
27 means through prayer in accordance with the tenets and practices of a recognized church or religious
28 denomination shall for that reason alone be considered to be an abused or neglected child. Further, a
29 decision by parents who have legal authority for the child or, in the absence of parents with legal
30 authority for the child, any person with legal authority for the child who refuses a particular medical
31 treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary
32 care if (i) such decision is made jointly by the parents or other person with legal authority and the child;
33 (ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion on the
34 subject of his medical treatment; (iii) the parents or other person with legal authority and the child have
35 considered alternative treatment options; and (iv) the parents or other person with legal authority and the
36 child believe in good faith that such decision is in the child's best interest. No child whose parent or
37 other person responsible for his care allows the child to engage in independent activities without adult
38 supervision shall for that reason alone be considered to be an abused or neglected child, provided that
39 (a) such independent activities are appropriate based on the child's age, maturity, and physical and
40 mental abilities and (b) such lack of supervision does not constitute conduct that is so grossly negligent
41 as to endanger the health or safety of the child. Such independent activities include traveling to or from
42 school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home for a
43 reasonable period of time. Nothing in this subdivision shall be construed to limit the provisions of
44 §16.1-278.4;
45 3. Whose parents or other person responsible for his care abandons such child;
46 4. Whose parents or other person responsible for his care, or an intimate partner of such parent or
47 person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child
48 in violation of the law;
49 5. Who is without parental care or guardianship caused by the unreasonable absence or the mental or
50 physical incapacity of the child's parent, guardian, legal custodian, or other person standing in loco
51 parentis;
52 6. Whose parents or other person responsible for his care creates a substantial risk of physical or
53 mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as
54 defined in § 55.1-2000, with a person to whom the child is not related by blood or marriage and who
55 the parent or other person responsible for his care knows has been convicted of an offense against a
56 minor for which registration is required as a Tier III offender pursuant to §9.1-902; or
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57 7. Who has been identified as a victim of sex trafficking or severe forms of t