For purposes of Sections 27 and 28 of this act:

1. 1. "Permanent care and custody" means the right and duty to exercise continuing general supervision of a child and includes but is not limited to the right and duty to protect, educate, nurture and to provide the child with food, clothing, shelter, medical care and a supportive environment;

2. 2. "Abandonment" includes but is not limited to a state or condition in which the parent of a child:

   1. a.

      1. (1) if the child is twenty-four (24) months or less, has willfully failed to have had a significant or meaningful relationship with the child through visitation or communication with the child placed in the home of a relative related to the child within the third degree for at least six (6) continuous months after placement in the home of such relative, or

      2. (2) if the child is over twenty-four (24) months of age, has willfully failed to maintain a significant or meaningful relationship with the child through visitation or communication with the child for a period of twelve (12) consecutive months out of the last fourteen (14) months while in the home of a relative related to the child within the third degree.

         Infrequent or token visits, or communications shall not be construed or considered in establishing the proper exercise of parental rights or duties with regard to the child, or

   2. b. has for a period of twelve (12) consecutive months out of the last fourteen (14) months of placement of the child in the home of a relative related to the child within the third degree, willfully failed, refused or neglected to contribute to the support of such child:

      1. (1) in substantial compliance with an order entered by a court of competent jurisdiction adjudicating the duty, amount and manner of support, or

      2. (2) according to such parent's financial ability to contribute to such child's support if no provision for support is provided in an order.

         Infrequent or token payments shall not be construed or considered in establishing whether a parent has maintained or contributed to the support of the child.

Added by Laws 1999, HB 1280, c. 396, § 26, emerg. eff. June 10, 1999