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Definitions of "Parent" and Related Variations in Child Welfare

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Definitions of *Citations and summaries of significant legislation appear below. The legislation summaries do not encompass the entire law; click on the citation to view the statute in its entirety. Inclusion of the summaries below should not be construed to mean that such laws represent “best practice” or are in accord with federal law. Properly defining in statute the relationship between a “legal” parent and child is important because it preserves and establishes familial relations. The caretaking relationship between an adult and child is becoming increasingly important for state governments to understand and appropriately define, especially when a child is abused or neglected. Almost every state has some statutory provision that defines parent, mother, father, or related variations, such as caregiver, parent-child relationship, relative, putative father, etc. At least eight states include definitions for "relative" in their statute, including a very broad definition for relative in California and Wisconsin and at least twenty-four states include some definition for the term father and its related variations. Following is a compilation of state statutes that include the definition of parent, and the related variations, in child welfare. These definitions may exist in a state's Child Welfare Code, Family Code, Domestic Relations Code, etc State Citation Statutory provision Ala. Code § "Parent-child relationship" means the legal relationship between a child and a parent of the child. The term includes the 26-17-102 mother-child relationship and the father-child relationship. "Parent" means an individual who has established a parent-child relationship. "Putative father" means the alleged or reputed father. AL Ala. Code § “Parents” are defined as the legal or biological parents of a child, inclusive of a putative father. 26-18-3 2008 Ala. Acts, Provides a comprehensive procedure for establishing the parentage of a child. The legal father may be one of the HB 39, Act 376 following: an un-rebutted presumed father, a man who has acknowledged paternity, an adjudicated father as the result of a judgment in a paternity action, or an adoptive father or a man who consents to an assisted reproduction. Alaska Stat. § „‟Mother‟‟ or „‟father‟‟ includes a biological parent, an adoptive parent, and a stepparent. AK 39.50.200 Arizona Rev. "Permanent guardian" means a legal guardian appointed by the court. Stat. §8-101 AZ Arizona Rev. "Custodian" means a person, other than a parent or legal guardian, who acts as a parent to the child or a person to whom Stat. §8-201 legal custody of the child has been given by order of the juvenile court. Ark. Ann. „‟Father‟‟ means the biological male parent of a child. Code § 20-18- "Putative father‟‟ means any man not legally presumed or adjudicated to be the biological father of a child but who 701 claims or is alleged to be the father of the child. Ark. Ann. “Caretaker” means a parent, guardian, custodian, foster parent, or any person ten (10) years of age or older who is Code § 9-27- entrusted with a child's care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or 303 employee of a public or private residential home, child care facility, public or private school, or any person responsible for a child's welfare. “Putative father” means any man not deemed or adjudicated under the laws of the jurisdiction of the United States to AR be the biological father of a juvenile who claims or is alleged to be the biological father of the juvenile. 2009 Ark. "Caretaker" means a parent, guardian, custodian, foster parent, or any person ten (10) years of age or older who is Acts, SB 464, entrusted with a child's care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or Act 749 employee of a public or private residential home, child care facility, public or private school, or any person responsible for a child's welfare, but excluding the spouse of a minor. "Parent" means a biological mother, an adoptive parent, or a man to whom the biological mother was married at the time of conception or birth or who has been found by a court of competent jurisdiction to be the biological father of the child. CA Family "Parent and child relationship'' means the legal relationship existing between a child and the child's natural or adoptive Code § 7601 parents to which the law confers or imposes rights, privileges, duties, and obligations. The term includes the mother and child relationship and the father and child relationship. A man is presumed to be the natural father of the child if he and the child's mother are or have been married to each other and the child is born during the marriage, before or after CA the child's birth he and the child's mother have attempted to marry each other, or he receives the child into his home and openly holds out that the child as his natural child. CA Family "Relative" means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, Code § 6550 aunt, niece, nephew, first cousin, or any person denoted by the prefix "grand" or "great," or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution. Colo. Rev. "Adoptive parent" means an adult who has become a parent of a minor through the legal process of adoption. State § 19-1- "Biological parent" or "birth parent" means a parent, by birth, of an adopted person. 103 "Birth parents" mean genetic, biological, or natural parents whose rights were voluntarily or involuntarily terminated by a court or otherwise. "Birth parents" includes a man who is the parent of a child prior to the termination of parental rights. CO “Custodian" means a person who has been providing shelter, food, clothing, and other care for a child in the same fashion as a parent would, whether or not by order of court. "Grandparent" means a person who is the parent of a child's father or mother, who is related to the child by blood, in whole or by half, adoption, or marriage. "Parent" means either a natural parent of a child or a parent by adoption. "Parent includes a natural parent having sole or joint custody, regardless of whether the parent is designated as the primary residential custodian, or a parent allocated parental responsibilities with respect to a child, or an adoptive parent. "Parent" does not include a person whose parental rights have been terminated pursuant to the provisions of this title or the parent of an emancipated minor. "Physical custodian" means a guardian, whether or not appointed by court order, with whom the juvenile has resided. "Stepparent" means a person who is married to a parent of a child but who has not adopted the child. Conn. Gen. "Parent" means a biological or adoptive parent. Stat. § 45a- "Relative" means any person descended from a common ancestor, whether by blood or adoption, not more than three 707 generations removed from the child. CT Conn. Gen. "Father'' means a man who is a father, including a man who, executes a binding acknowledgment of paternity and a Stat. § 45a- man determined to be a father. 604 Del. Ann. "Acknowledged father'' is a man who has established a father-child relationship. Code tit. 13, § 'Adjudicated father'' means a man who has been adjudicated by a court of competent jurisdiction to be the father of a 8-102 child. ''Alleged father'' is a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include: a male donor, a man whose parental rights have been terminated, or a presumed father. ''Determination of parentage'' means the establishment of the parent-child relationship by the signing of a valid DE acknowledgment of paternity. ''Presumed father'' means a man who is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding. Del. Code. "Birth parent" means the biological mother of the child; the named father of a child who consented to the termination of Ann. tit. 13 § his parental rights; or the father whose paternity is presumed. 901 Fla. Ann. Stat. ''Putative father'' means an individual who is or may be the biological father of a child whose paternity has not been FL § 409.256 established and whose mother was unmarried when the child was conceived and born. Fla. Stat. Ann. "Caregiver" means the parent, legal custodian, permanent guardian, adult household member, or other person § 39.01 responsible for a child's welfare. "Family" means a collective body of persons, consisting of a child and a parent, legal custodian, or adult relative. "Parent" means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required. If a child has been legally adopted, the term "parent" means the adoptive mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent. "Permanent guardian" means the relative or other adult in a permanent guardianship of a dependent child. "Relative" means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent. Ga. Ann. Code "Biological father'' means the male who impregnated the biological mother resulting in the birth of the child.
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