For purposes of Sections 21.3 and 21.4 of this title:

1. 1. "Permanent care and custody" means the right and responsibility to exercise continuing general supervision of a child and includes, but is not limited to, the right and responsibility 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 failed to establish and/or maintain a substantial and positive 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) months after placement in the home of such relative, or

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

         In any case where a father or a putative father of an infant born out of wedlock claims that prior to any action filed to reclaim or recover the child pursuant to Section 21.3 of this title or prior to receipt of notice pursuant to Section 21.5 of this title, he had been denied knowledge of the child by the mother and/or the custodian of the child, such father or putative father shall prove to the satisfaction of the court that he made sufficient attempts to discover if he had fathered the child and made sufficient attempts to establish and/or maintain a substantial and positive relationship with the child prior to the filing of such action or the receipt of such notice.

         In any case where a parent of a child claims that prior to the filing of any action to reclaim or recover a child pursuant to Section 21.3 of this title or prior to receipt of notice pursuant to Section 21.5 of this title, such parent had been denied the opportunity to establish and/or maintain a substantial and positive relationship with the child by the custodian of the child, such parent shall prove to the satisfaction of the court that he or she made sufficient attempts to establish and/or maintain a substantial and positive relationship with the child prior to the filing of such action or the receipt of such notice.

         Infrequent or token visits or communications shall not be sufficient to establish and/or maintain a substantial and positive relationship with the child, or

   2. b. has for any twelve (12) 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, 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.

         In any case where a parent of a child claims that prior to any action filed to reclaim or recover a child pursuant to Section 21.3 of this title or the receipt of notice pursuant to Section 21.5 of this title, the parent had been denied the opportunity to support or contribute to the support of his or her child and otherwise to exercise parental rights and responsibilities with regard to the child as required by this subparagraph, by the custodian of the child, such parent shall prove to the satisfaction of the court that he or she made sufficient attempts to support or contribute to the support of his or her child and to otherwise exercise parental rights and responsibilities as required by this subparagraph prior to the filing of such action or the receipt of such notice.

         Infrequent or token payments or payments or provisions by a third party shall not be construed or considered in establishing whether a parent has supported or contributed to the support of the child as required by this subparagraph; and

3. 3. "Establish and/or maintain a substantial and positive relationship" includes, but is not limited to:

   1. a. frequent and regular contact with the child through frequent and regular visitation and/or frequent and regular communication to or with the child, and
   2. b. the exercise of parental rights and responsibilities.

Added by Laws 1999, HB 1280, c. 396, § 26, emerg. eff. June 10, 1999; Amended by Laws 2001, HB 1670, c. 434, § 2, emerg. eff. June 8, 2001 (superseded document available).