Section 23-NEW - [Newly enacted section not yet numbered] [Requirements for order for nonparent visitation](a) A court may order visitation to a nonparent only if the nonparent proves that: (1) The denial of visitation would result in harm to the child;(2) the nonparent:(A) Is or has been a consistent caretaker as described in subsection (b) within one year of the initiation of the action; or(B) has a substantial relationship with the child as described in subsection (c); and(3) an order of visitation to the nonparent is in the best interest of the child applying the factors in section 11, and amendments thereto.(b) A nonparent is a consistent caretaker if the nonparent, without expectation of compensation:(1) Lived with the child for not less than 12 months, unless the court finds good cause to accept a shorter period;(2) regularly exercised care of the child;(3) made day-to-day decisions regarding the child solely or in cooperation with an individual having physical custody of the child; and(4) established a bonded and dependent relationship with the child with the express or implied consent of a parent or person acting as a parent of the child or without the consent of a parent or person acting as a parent if no parent or person acting as a parent has been able or willing to perform parenting functions.(c) A nonparent has a substantial relationship with the child if: (1) The nonparent:(A) Is an individual with a familiar relationship with the child by blood or law; or(B) formed a relationship with the child without expectation of compensation;(2) a significant emotional bond exists between the nonparent and the child from the child's point of view; and(3) the nonparent:(A) Regularly exercised care of the child; and(B) established a bonded and dependent relationship with the child with the express or implied consent of a parent or person acting as a parent of the child or without the consent of a parent or person acting as a parent if no parent or person acting as a parent has been able or willing to perform parenting functions.Added by L. 2024, ch. 52,§ 4, eff. 7/1/2024.