Parental Substance Use as Child Abuse

Parental Substance Use as Child Abuse

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Current Through July 2019

Citation: Rev. Stat. § 8-201(2), (25)

The term 'abuse' includes physical injury that results from permitting a child to enter or remain in any structure or vehicle in which are found volatile, toxic, or flammable chemicals or equipment that is possessed by any person for the purpose of manufacturing a dangerous drug, as defined in § 13-3401.

'Neglect' or 'neglected' is defined as the following:

• Permitting a child to enter or remain in any structure or vehicle in which are found volatile, toxic, or flammable chemicals or equipment that is possessed by any person for the purposes of manufacturing a dangerous drug, as defined in § 13-3401
• A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in § 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional

This subdivision does not expand a health professional's duty to report neglect based on prenatal exposure to a drug or substance listed in § 13-3401 beyond the requirements prescribed pursuant to § 13-3620(E). The determination by the health professional shall be based on one or more of the following:

• Clinical indicators in the prenatal period, including maternal and newborn presentation
• History of substance use or abuse
• Medical history
• The results of a toxicology or other laboratory test on the mother or the newborn infant
• A diagnosis by a health professional of an infant under age 1 with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects

Citation: Rev. Stat. § 13-3623(C)

The terms 'endangered' and 'abuse' include, but are not limited to, circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which are found volatile, toxic, or flammable chemicals or equipment that is possessed by any person for the purpose of manufacturing a dangerous drug in violation of § 13-3407(A)(3) or (4).

Notwithstanding any other provision of this section, a violation committed under circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.

Citation: Rev. Stat. § 13-3620(E)

A health-care professional who, after a routine newborn physical assessment of a newborn infant's health status or following notification of positive toxicology screens of a newborn infant, reasonably believes that the newborn infant may be affected by the presence of alcohol or a drug listed in § 13-3401 shall immediately report this information, or cause a report to be made, to the Department of Child Safety. For the purposes of this subsection, 'newborn infant' means a newborn infant who is under 30 days of age. 

https://www.childwelfare.gov/topics/systemwide/laws-policies/state/?CWIGFunctionsaction=statestatutes:main.getResults