What is Family Abandonment in Florida?
Full Question:
Answer:
Abandonment may be actual or constructive. In family law, constructive abandonment occurs when one spouse refuses to engage in sexual relations with the other spouse for a period of one year. Actual abandonment typically requires leaving the marital home with an intent to not return.
Please see the following Florida statute:
9.01 Definitions. —
When used in this chapter, unless the context otherwise requires:
(1) "Abandoned" or "abandonment" means a situation in which the parent
or legal custodian of a child or, in the absence of a parent or legal
custodian, the caregiver, while being able, makes no provision for the
child's support and has failed to establish or maintain a substantial and
positive relationship with the child. For purposes of this subsection,
"establish or maintain a substantial and positive relationship"
includes, but is not limited to, frequent and regular contact with the
child through frequent and regular visitation or frequent and regular
communication to or with the child, and the exercise of parental rights
and responsibilities. Marginal efforts and incidental or token visits or
communications are not sufficient to establish or maintain a substantial
and positive relationship with a child. The term does not include a
surrendered newborn infant as described in s. 383.50, a "child in need of
services" as defined in chapter 984, or a "family in need of services" as
defined in chapter 984. The incarceration of a parent, legal custodian,
or caregiver responsible for a child's welfare may support a finding of
abandonment.
(2) "Abuse" means any willful act or threatened act that results in any
physical, mental, or sexual injury or harm that causes or is likely to
cause the child's physical, mental, or emotional health to be significantly
impaired. Abuse of a child includes acts or omissions. Corporal discipline
of a child by a parent or legal custodian for disciplinary purposes does
not in itself constitute abuse when it does not result in harm to the
child.
(3) "Addictions receiving facility" means a substance abuse service
provider as defined in chapter 397.
(4) "Adjudicatory hearing" means a hearing for the court to determine
whether or not the facts support the allegations stated in the petition in
dependency cases or in termination of parental rights cases.
(5) "Adult" means any natural person other than a child.
(6) "Adoption" means the act of creating the legal relationship between
parent and child where it did not exist, thereby declaring the child to be
legally the child of the adoptive parents and their heir at law, and
entitled to all the rights and privileges and subject to all the
obligations of a child born to the adoptive parents in lawful wedlock.
(7) "Alleged juvenile sexual offender" means:
(a) A child 12 years of age or younger who is alleged to have committed a
violation of chapter 794, chapter 796, chapter 800, s. 827.071, or s.
847.0133; or
(b) A child who is alleged to have committed any violation of law or
delinquent act involving juvenile sexual abuse. "Juvenile sexual abuse"
means any sexual behavior which occurs without consent, without equality,
or as a result of coercion. For purposes of this paragraph, the following
definitions apply:
1. "Coercion" means the exploitation of authority or the use of bribes,
threats of force, or intimidation to gain cooperation or compliance.
2. "Equality" means two participants operating with the same level of
power in a relationship, neither being controlled nor coerced by the other.
3. "Consent" means an agreement, including all of the following:
a. Understanding what is proposed based on age, maturity, developmental
level, functioning, and experience.
b. Knowledge of societal standards for what is being proposed.
c. Awareness of potential consequences and alternatives.
d. Assumption that agreement or disagreement will be accepted equally.
e. Voluntary decision.
f. Mental competence.
Juvenile sexual offender behavior ranges from noncontact sexual behavior
such as making obscene phone calls, exhibitionism, voyeurism, and the
showing or taking of lewd photographs to varying degrees of direct sexual
contact, such as frottage, fondling, digital penetration, rape,
fellatio, sodomy, and various other sexually aggressive acts.
(8) "Arbitration" means a process whereby a neutral third person or
panel, called an arbitrator or an arbitration panel, considers the facts
and arguments presented by the parties and renders a decision which may be
binding or nonbinding.
(9) "Authorized agent" or "designee" of the department means an employee,
volunteer, or other person or agency determined by the state to be eligible
for state-funded risk management coverage, which is assigned or designated
by the department to perform duties or exercise powers under this chapter.
(10) "Caregiver" means the parent, legal custodian, permanent guardian,
adult household member, or other person responsible for a child's welfare
as defined in subsection (47).
(11) "Case plan" means a document, as described in s. 39.6011, prepared
by the department with input from all parties. The case plan follows the
child from the provision of voluntary services through any dependency,
foster care, or termination of parental rights proceeding or related
activity or process.
(12) "Child" or "youth" means any unmarried person under the age of 18
years who has not been emancipated by order of the court.
(13) "Child protection team" means a team of professionals established by
the Department of Health to receive referrals from the protective
investigators and protective supervision staff of the department and to
provide specialized and supportive services to the program in processing
child abuse, abandonment, or neglect cases. A child protection team shall
provide consultation to other programs of the department and other persons
regarding child abuse, abandonment, or neglect cases.
(14) "Child who has exhibited inappropriate sexual behavior" means a
child who is 12 years of age or younger and who has been found by the
department or the court to have committed an inappropriate sexual act.
(15) "Child who is found to be dependent" means a child who, pursuant to
this chapter, is found by the court:
(a) To have been abandoned, abused, or neglected by the child's parent or
parents or legal custodians;
(b) To have been surrendered to the department, the former Department of
Health and Rehabilitative Services, or a licensed child-placing agency for
purpose of adoption;
(c) To have been voluntarily placed with a licensed child-caring agency,
a licensed child-placing agency, an adult relative, the department, or the
former Department of Health and Rehabilitative Services, after which
placement, under the requirements of this chapter, a case plan has expired
and the parent or parents or legal custodians have failed to substantially
comply with the requirements of the plan;
(d) To have been voluntarily placed with a licensed child-placing agency
for the purposes of subsequent adoption, and a parent or parents have
signed a consent pursuant to the Florida Rules of Juvenile Procedure;
(e) To have no parent or legal custodians capable of providing
supervision and care; or
(f) To be at substantial risk of imminent abuse, abandonment, or neglect
by the parent or parents or legal custodians.
(16) "Child support" means a court-ordered obligation, enforced under
chapter 61 and ss. 409.2551-409.2597, for monetary support for the care,
maintenance, training, and education of a child.
(17) "Circuit" means any of the 20 judicial circuits as set forth in s.
26.021.
(18) "Comprehensive assessment" or "assessment" means the gathering of
information for the evaluation of a child's and caregiver's physical,
psychiatric, psychological or mental health, educational, vocational, and
social condition and family environment as they relate to the child's and
caregiver's need for rehabilitative and treatment services, including
substance abuse treatment services, mental health services, developmental
services, literacy services, medical services, family services, and other
specialized services, as appropriate.
(19) "Concurrent planning" means establishing a permanency goal in a case
plan that uses reasonable efforts to reunify the child with the parent,
while at the same time establishing another goal that must be one of the
following options:
(a) Adoption when a petition for termination of parental rights has been
filed or will be filed;
(b) Permanent guardianship of a dependent child under s. 39.6221;
(c) Permanent placement with a fit and willing relative under s. 39.6231;
or
(d) Placement in another planned permanent living arrangement under s.
39.6241.
(20) "Court," unless otherwise expressly stated, means the circuit court
assigned to exercise jurisdiction under this chapter.
(21) "Department" means the Department of Children and Family Services.
(22) "Diligent efforts by a parent" means a course of conduct which
results in a reduction in risk to the child in the child's home that would
allow the child to be safely placed permanently back in the home as set
forth in the case plan.
(23) "Diligent efforts of social service agency" means reasonable efforts
to provide social services or reunification services made by any social
service agency that is a party to a case plan.
(24) "Diligent search" means the efforts of a social service agency to
locate a parent or prospective parent whose identity or location is
unknown, initiated as soon as the social service agency is made aware of
the existence of such parent, with the search progress reported at each
court hearing until the parent is either identified and located or the
court excuses further search.
(25) "Disposition hearing" means a hearing in which the court determines
the most appropriate protections, services, and placement for the child in
dependency cases.
(26) "District" means any one of the 15 service districts of the
department established pursuant to s. 20.19.
(27) "District administrator" means the chief operating officer of each
service district of the department as defined in s. 20.19(5) and, where
appropriate, includes any district administrator whose service district
falls within the boundaries of a judicial circuit.
(28) "Expedited termination of parental rights" means proceedings wherein
a case plan with the goal of reunification is not being offered.
(29) "False report" means a report of abuse, neglect, or abandonment of a
child to the central abuse hotline, which report is maliciously made for
the purpose of:
(a) Harassing, embarrassing, or harming another person;
(b) Personal financial gain for the reporting person;
(c) Acquiring custody of a child; or
(d) Personal benefit for the reporting person in any other private
dispute involving a child.
The term "false report" does not include a report of abuse, neglect, or
abandonment of a child made in good faith to the central abuse hotline.
(30) "Family" means a collective body of persons, consisting of a child
and a parent, legal custodian, or adult relative, in which:
(a) The persons reside in the same house or living unit; or
(b) The parent, legal custodian, or adult relative has a legal
responsibility by blood, marriage, or court order to support or care for
the child.
(31) "Foster care" means care provided a child in a foster family or
boarding home, group home, agency boarding home, child care institution, or
any combination thereof.
(32) "Harm" to a child's health or welfare can occur when any person:
(a) Inflicts or allows to be inflicted upon the child physical, mental,
or emotional injury. In determining whether harm has occurred, the
following factors must be considered in evaluating any physical, mental, or
emotional injury to a child: the age of the child; any prior history of
injuries to the child; the location of the injury on the body of the child;
the multiplicity of the injury; and the type of trauma inflicted. Such
injury includes, but is not limited to:
1. Willful acts that produce the following specific injuries:
a. Sprains, dislocations, or cartilage damage.
b. Bone or skull fractures.
c. Brain or spinal cord damage.
d. Intracranial hemorrhage or injury to other internal organs.
e. Asphyxiation, suffocation, or drowning.
f. Injury resulting from the use of a deadly weapon.
g. Burns or scalding.
h. Cuts, lacerations, punctures, or bites.
i. Permanent or temporary disfigurement.
j. Permanent or temporary loss or impairment of a body part or function.
As used in this subparagraph, the term "willful" refers to the intent to
perform an action, not to the intent to achieve a result or to cause an
injury.
2. Purposely giving a child poison, alcohol, drugs, or other substances
that substantially affect the child's behavior, motor coordination, or
judgment or that result in sickness or internal injury. For the purposes of
this subparagraph, the term "drugs" means prescription drugs not prescribed
for the child or not administered as prescribed, and controlled substances
as outlined in Schedule I or Schedule II of s. 893.03.
3. Leaving a child without adult supervision or arrangement appropriate
for the child's age or mental or physical condition, so that the child is
unable to care for the child's own needs or another's basic needs or is
unable to exercise good judgment in responding to any kind of physical or
emotional crisis.
4. Inappropriate or excessively harsh disciplinary action that is likely
to result in physical injury, mental injury as defined in this section, or
emotional injury. The significance of any injury must be evaluated in light
of the following factors: the age of the child; any prior history of
injuries to the child; the location of the injury on the body of the child;
the multiplicity of the injury; and the type of trauma inflicted. Corporal
discipline may be considered excessive or abusive when it results in any of
the following or other similar injuries:
a. Sprains, dislocations, or cartilage damage.
b. Bone or skull fractures.
c. Brain or spinal cord damage.
d. Intracranial hemorrhage or injury to other internal organs.
e. Asphyxiation, suffocation, or drowning.
f. Injury resulting from the use of a deadly weapon.
g. Burns or scalding.
h. Cuts, lacerations, punctures, or bites.
i. Permanent or temporary disfigurement.
j. Permanent or temporary loss or impairment of a body part or function.
k. Significant bruises or welts.
(b) Commits, or allows to be committed, sexual battery, as defined in
chapter 794, or lewd or lascivious acts, as defined in chapter 800, against
the child.
(c) Allows, encourages, or forces the sexual exploitation of a child,
which includes allowing, encouraging, or forcing a child to:
1. Solicit for or engage in prostitution; or
2. Engage in a sexual performance, as defined by chapter 827.
(d) Exploits a child, or allows a child to be exploited, as provided in
s. 450.151.
(e) Abandons the child. Within the context of the definition of "harm,"
the term "abandoned the child" or "abandonment of the child" means a
situation in which the parent or legal custodian of a child or, in the
absence of a parent or legal custodian, the caregiver, while being able,
makes no provision for the child's support and has failed to establish or
maintain a substantial and positive relationship with the child. For
purposes of this paragraph, "establish or maintain a substantial and
positive relationship" includes, but is not limited to, frequent and
regular contact with the child through frequent and regular visitation or
frequent and regular communication to or with the child, and the exercise
of parental rights and responsibilities. Marginal efforts and incidental or
token visits or communications are not sufficient to establish or maintain
a substantial and positive relationship with a child. The term "abandoned"
does not include a surrendered newborn infant as described in s. 383.50.
(f) Neglects the child. Within the context of the definition of "harm,"
the term "neglects the child" means that the parent or other person
responsible for the child's welfare fails to supply the child with adequate
food, clothing, shelter, or health care, although financially able to do so
or although offered financial or other means to do so. However, a parent or
legal custodian who, by reason of the legitimate practice of religious
beliefs, does not provide specified medical treatment for a child may not
be considered abusive or neglectful for that reason alone, but such an
exception does not:
1. Eliminate the requirement that such a case be reported to the
department;
2. Prevent the department from investigating such a case; or
3. Preclude a court from ordering, when the health of the child requires
it, the provision of medical services by a physician, as defined in this
section, or treatment by a duly accredited practitioner who relies solely
on spiritual means for healing in accordance with the tenets and practices
of a well-recognized church or religious organization.
(g) Exposes a child to a controlled substance or alcohol. Exposure to a
controlled substance or alcohol is established by:
1. A test, administered at birth, which indicated that the child's blood,
urine, or meconium contained any amount of alcohol or a controlled
substance or metabolites of such substances, the presence of which was not
the result of medical treatment administered to the mother or the newborn
infant; or
2. Evidence of extensive, abusive, and chronic use of a controlled
substance or alcohol by a parent when the child is demonstrably adversely
affected by such usage.
As used in this paragraph, the term "controlled substance" means
prescription drugs not prescribed for the parent or not administered as
prescribed and controlled substances as outlined in Schedule I or Schedule
II of s. 893.03.
(h) Uses mechanical devices, unreasonable restraints, or extended periods
of isolation to control a child.
(i) Engages in violent behavior that demonstrates a wanton disregard for
the presence of a child and could reasonably result in serious injury to
the child.
(j) Negligently fails to protect a child in his or her care from
inflicted physical, mental, or sexual injury caused by the acts of another.
(k) Has allowed a child's sibling to die as a result of abuse,
abandonment, or neglect.
(l) Makes the child unavailable for the purpose of impeding or avoiding a
protective investigation unless the court determines that the parent, legal
custodian, or caregiver was fleeing from a situation involving domestic
violence.
(33) "Institutional child abuse or neglect" means situations of known or
suspected child abuse or neglect in which the person allegedly perpetrating
the child abuse or neglect is an employee of a private school, public or
private day care center, residential home, institution, facility, or agency
or any other person at such institution responsible for the child's care.
(34) "Judge" means the circuit judge exercising jurisdiction pursuant to
this chapter.
(35) "Legal custody" means a legal status created by a court which vests
in a custodian of the person or guardian, whether an agency or an
individual, the right to have physical custody of the child and the right
and duty to protect, nurture, guide, and discipline the child and to
provide him or her with food, shelter, education, and ordinary medical,
dental, psychiatric, and psychological care.
(36) "Licensed child-caring agency" means a person, society, association,
or agency licensed by the department to care for, receive, and board
children.
(37) "Licensed child-placing agency" means a person, society,
association, or institution licensed by the department to care for,
receive, or board children and to place children in a licensed
child-caring institution or a foster or adoptive home.
(38) "Licensed health care professional" means a physician licensed under
chapter 458, an osteopathic physician licensed under chapter 459, a nurse
licensed under part I of chapter 464, a physician assistant licensed under
chapter 458 or chapter 459, or a dentist licensed under chapter 466.
(39) "Likely to injure oneself" means that, as evidenced by violent or
other actively self-destructive behavior, it is more likely than not that
within a 24-hour period the child will attempt to commit suicide or inflict
serious bodily harm on himself or herself.
(40) "Likely to injure others" means that it is more likely than not that
within a 24-hour period the child will inflict serious and unjustified
bodily harm on another person.
(41) "Mediation" means a process whereby a neutral third person called a
mediator acts to encourage and facilitate the resolution of a dispute
between two or more parties. It is an informal and nonadversarial process
with the objective of helping the disputing parties reach a mutually
acceptable and voluntary agreement. The role of the mediator includes, but
is not limited to, assisting the parties in identifying issues, fostering
joint problem solving, and exploring settlement alternatives.
(42) "Mental injury" means an injury to the intellectual or psychological
capacity of a child as evidenced by a discernible and substantial
impairment in the ability to function within the normal range of
performance and behavior.
(43) "Necessary medical treatment" means care which is necessary within a
reasonable degree of medical certainty to prevent the deterioration of a
child's condition or to alleviate immediate pain of a child.
(44) "Neglect" occurs when a child is deprived of, or is allowed to be
deprived of, necessary food, clothing, shelter, or medical treatment or a
child is permitted to live in an environment when such deprivation or
environment causes the child's physical, mental, or emotional health to be
significantly impaired or to be in danger of being significantly impaired.
The foregoing circumstances shall not be considered neglect if caused
primarily by financial inability unless actual services for relief have
been offered to and rejected by such person. A parent or legal custodian
legitimately practicing religious beliefs in accordance with a recognized
church or religious organization who thereby does not provide specific
medical treatment for a child may not, for that reason alone, be considered
a negligent parent or legal custodian; however, such an exception does not
preclude a court from ordering the following services to be provided, when
the health of the child so requires:
(a) Medical services from a licensed physician, dentist, optometrist,
podiatric physician, or other qualified health care provider; or
(b) Treatment by a duly accredited practitioner who relies solely on
spiritual means for healing in accordance with the tenets and practices of
a well-recognized church or religious organization.
Neglect of a child includes acts or omissions.
(45) "Next of kin" means an adult relative of a child who is the child's
brother, sister, grandparent, aunt, uncle, or first cousin.
(46) "Office" means the Office of Adoption and Child Protection within
the Executive Office of the Governor.
(47) "Other person responsible for a child's welfare" includes the
child's legal guardian or foster parent; an employee of any school, public
or private child day care center, residential home, institution, facility,
or agency; a law enforcement officer employed in any facility, service, or
program for children that is operated or contracted by the Department of
Juvenile Justice; or any other person legally responsible for the child's
welfare in a residential setting; and also includes an adult sitter or
relative entrusted with a child's care. For the purpose of departmental
investigative jurisdiction, this definition does not include the following
persons when they are acting in an official capacity: law enforcement
officers, except as otherwise provided in this subsection; employees of
municipal or county detention facilities; or employees of the Department of
Corrections.
(48) "Out-of-home" means a placement outside of the home of the parents
or a parent.
(49) "Parent" means a woman who gives birth to a child and a man whose
consent to the adoption of the child would be required under s. 63.062(1).
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, unless the parental status falls within the
terms of s. 39.503(1) or s. 63.062(1). For purposes of this chapter only,
when the phrase "parent or legal custodian" is used, it refers to rights or
responsibilities of the parent and, only if there is no living parent with
intact parental rights, to the rights or responsibilities of the legal
custodian who has assumed the role of the parent.
(50) "Participant," for purposes of a shelter proceeding, dependency
proceeding, or termination of parental rights proceeding, means any person
who is not a party but who should receive notice of hearings involving the
child, including the actual custodian of the child, the foster parents or
the legal custodian of the child, identified prospective parents, and any
other person whose participation may be in the best interest of the child.
A community-based agency under contract with the department to provide
protective services may be designated as a participant at the discretion of
the court. Participants may be granted leave by the court to be heard
without the necessity of filing a motion to intervene.
(51) "Party" means the parent or parents of the child, the petitioner,
the department, the guardian ad litem or the representative of the guardian
ad litem program when the program has been appointed, and the child. The
presence of the child may be excused by order of the court when presence
would not be in the child's best interest. Notice to the child may be
excused by order of the court when the age, capacity, or other condition of
the child is such that the notice would be meaningless or detrimental to
the child.
(52) "Permanency goal" means the living arrangement identified for the
child to return to or identified as the permanent living arrangement of the
child. Permanency goals applicable under this chapter, listed in order of
preference, are:
(a) Reunification;
(b) Adoption when a petition for termination of parental rights has been
or will be filed;
(c) Permanent guardianship of a dependent child under s. 39.6221;
(d) Permanent placement with a fit and willing relative under s. 39.6231;
or
(e) Placement in another planned permanent living arrangement under s.
39.6241.
The permanency goal is also the case plan goal. If concurrent case
planning is being used, reunification may be pursued at the same time that
another permanency goal is pursued.
(53) "Permanency plan" means the plan that establishes the placement
intended to serve as the child's permanent home.
(54) "Permanent guardian" means the relative or other adult in a
permanent guardianship of a dependent child under s. 39.6221.
(55) "Permanent guardianship of a dependent child" means a legal
relationship that a court creates under s. 39.6221 between a child and a
relative or other adult approved by the court which is intended to be
permanent and self-sustaining through the transfer of parental rights with
respect to the child relating to protection, education, care and control of
the person, custody of the person, and decisionmaking on behalf of the
child.
(56) "Physical injury" means death, permanent or temporary disfigurement,
or impairment of any bodily part.
(57) "Physician" means any licensed physician, dentist, podiatric
physician, or optometrist and includes any intern or resident.
(58) "Preliminary screening" means the gathering of preliminary
information to be used in determining a child's need for further evaluation
or assessment or for referral for other substance abuse services through
means such as psychosocial interviews; urine and breathalyzer screenings;
and reviews of available educational, delinquency, and dependency records
of the child.
(59) "Preventive services" means social services and other supportive and
rehabilitative services provided to the parent or legal custodian of the
child and to the child for the purpose of averting the removal of the child
from the home or disruption of a family which will or could result in the
placement of a child in foster care. Social services and other supportive
and rehabilitative services shall promote the child's need for physical,
mental, and emotional health and a safe, stable, living environment, shall
promote family autonomy, and shall strengthen family life, whenever
possible.
(60) "Prospective parent" means a person who claims to be, or has been
identified as, a person who may be a mother or a father of a child.
(61) "Protective investigation" means the acceptance of a report alleging
child abuse, abandonment, or neglect, as defined in this chapter, by the
central abuse hotline or the acceptance of a report of other dependency by
the department; the investigation of each report; the determination of
whether action by the court is warranted; the determination of the
disposition of each report without court or public agency action when
appropriate; and the referral of a child to another public or private
agency when appropriate.
(62) "Protective investigator" means an authorized agent of the
department who receives and investigates reports of child abuse,
abandonment, or neglect; who, as a result of the investigation, may
recommend that a dependency petition be filed for the child; and who
performs other duties necessary to carry out the required actions of the
protective investigation function.
(63) "Protective supervision" means a legal status in dependency cases
which permits the child to remain safely in his or her own home or other
nonlicensed placement under the supervision of an agent of the department
and which must be reviewed by the court during the period of supervision.
(64) "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.
(65) "Reunification services" means social services and other supportive
and rehabilitative services provided to the parent of the child, to the
child, and, where appropriate, to the relative placement, nonrelative
placement, or foster parents of the child, for the purpose of enabling a
child who has been placed in out-of-home care to safely return to his or
her parent at the earliest possible time. The health and safety of the
child shall be the paramount goal of social services and other supportive
and rehabilitative services. The services shall promote the child's need
for physical, mental, and emotional health and a safe, stable, living
environment, shall promote family autonomy, and shall strengthen family
life, whenever possible.
(66) "Secretary" means the Secretary of Children and Family Services.
(67) "Sexual abuse of a child" means one or more of the following acts:
(a) Any penetration, however slight, of the vagina or anal opening of one
person by the penis of another person, whether or not there is the emission
of semen.
(b) Any sexual contact between the genitals or anal opening of one person
and the mouth or tongue of another person.
(c) Any intrusion by one person into the genitals or anal opening of
another person, including the use of any object for this purpose, except
that this does not include any act intended for a valid medical purpose.
(d) The intentional touching of the genitals or intimate parts, including
the breasts, genital area, groin, inner thighs, and buttocks, or the
clothing covering them, of either the child or the perpetrator, except that
this does not include:
1. Any act which may reasonably be construed to be a normal caregiver
responsibility, any interaction with, or affection for a child; or
2. Any act intended for a valid medical purpose.
(e) The intentional masturbation of the perpetrator's genitals in the
presence of a child.
(f) The intentional exposure of the perpetrator's genitals in the
presence of a child, or any other sexual act intentionally perpetrated in
the presence of a child, if such exposure or sexual act is for the purpose
of sexual arousal or gratification, aggression, degradation, or other
similar purpose.
(g) The sexual exploitation of a child, which includes allowing,
encouraging, or forcing a child to:
1. Solicit for or engage in prostitution; or
2. Engage in a sexual performance, as defined by chapter 827.
(68) "Shelter" means a placement with a relative or a nonrelative, or in
a licensed home or facility, for the temporary care of a child who is
alleged to be or who has been found to be dependent, pending court
disposition before or after adjudication.
(69) "Shelter hearing" means a hearing in which the court determines
whether probable cause exists to keep a child in shelter status pending
further investigation of the case.
(70) "Social service agency" means the department, a licensed
child-caring agency, or a licensed child-placing agency.
(71) "Social worker" means any person who has a bachelor's, master's, or
doctoral degree in social work.
(72) "Substance abuse" means using, without medical reason, any
psychoactive or mood-altering drug, including alcohol, in such a manner as
to induce impairment resulting in dysfunctional social behavior.
(73) "Substantial compliance" means that the circumstances which caused
the creation of the case plan have been significantly remedied to the
extent that the well-being and safety of the child will not be endangered
upon the child's remaining with or being returned to the child's parent.
(74) "Taken into custody" means the status of a child immediately when
temporary physical control over the child is attained by a person
authorized by law, pending the child's release or placement.
(75) "Temporary legal custody" means the relationship that a court
creates between a child and an adult relative of the child, legal
custodian, agency, or other person approved by the court until a more
permanent arrangement is ordered. Temporary legal custody confers upon the
custodian the right to have temporary physical custody of the child and the
right and duty to protect, nurture, guide, and discipline the child and to
provide the child with food, shelter, and education, and ordinary medical,
dental, psychiatric, and psychological care, unless these rights and duties
are otherwise enlarged or limited by the court order establishing the
temporary legal custody relationship.
(76) "Victim" means any child who has sustained or is threatened with
physical, mental, or emotional injury identified in a report involving
child abuse, neglect, or abandonment, or child-on-child sexual abuse.