Parental Substance Use as Child Abuse - California

Date:

Citation: Health & Safety Code § 11379.7

Except as provided below, any person convicted of a violation of §11379.6(a) (manufacture of a controlled substance) or §11383 (possession of the chemicals or equipment used for such manufacture), or of an attempt to violate those sections, as those sections relate to methamphetamine or phencyclidine, when the commission or attempted commission of the crime occurs in a structure where any child under age 16 is present, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of 2 years in the State prison. 

Any person convicted of a violation of § 11379.6(a) or § 11383, or of an attempt to violate those sections, as those sections relate to methamphetamine or phencyclidine, when the commission of the crime causes any child under age 16 to suffer great bodily injury, shall, in addition and consecutive to the punishment prescribed for the felony of which he or she has been convicted, be punished by an additional term of 5 years in the State prison. 

As used in this section, 'structure' means any house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, motor vehicle, housecar, trailer, trailer coach, camper, mine, floating home, or other enclosed structure capable of holding a child and manufacturing equipment.

Citation: Welf. & Inst. Code § 300

Any child who comes within the following description is within the jurisdiction of the juvenile court which may adjudge that child to be a dependent child of the court: The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the inability of the parent or guardian to provide regular care for the child due to the parent's or guardian's mental illness, developmental disability, or substance abuse.

Citation: Penal Code § 11165.13

A positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse or neglect. However, any indication of maternal substance abuse shall lead to an assessment of the needs of the mother and child pursuant to law.

If other factors are present that indicate risk to a child, then a report shall be made. However, a report based on risk to a child that relates solely to the inability of the parent to provide the child with regular care due to the parent's substance abuse shall be made only to a county welfare or probation department and not to a law enforcement agency.