Parental Substance Use as Child Abuse - Colorado

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Citation: Rev. Stat. § 18-6-401(1)(c) 

A person commits child abuse if, in the presence of a child, on the premises where a child is found or resides, or in a vehicle containing a child, the person knowingly engages in the manufacture or attempted manufacture of a controlled substance as defined by § 18-18-102(5); or knowingly possesses ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, isomers, or salts of isomers with the intent to use the product as an immediate precursor in the manufacture of a controlled substance. It shall be no defense to the crime of child abuse that the defendant did not know that a child was present, a child could be found, a child resided on the premises, or a vehicle contained a child.

A parent, lawful guardian, or a person having the care or custody of a child who knowingly allows the child to be present or reside at a premises or to be in a vehicle where the parent, guardian, or person having care or custody of the child knows or reasonably should know that another person is engaged in the manufacture or attempted manufacture of methamphetamine commits child abuse.

A parent, lawful guardian, or a person having the care or custody of a child who knowingly allows the child to be present or reside at a premises or to be in a vehicle where the parent, guardian, or person having care or custody of the child knows or reasonably should know that another person possesses ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers with the intent to use the product as an immediate precursor in the manufacture of methamphetamine commits child abuse.

Citation: Rev. Stat. § 19-1-103(1)(a) 

'Abuse' or 'child abuse or neglect' means an act or omission in one of the following categories that threatens the health or welfare of a child:

  • Any case in which, in the presence of a child or on the premises where a child is found or resides, a controlled substance as defined in § 18-18-102(5) is manufactured or attempted to be manufactured
  • Any case in which a child tests positive at birth for either a schedule I controlled substance, including opiates, opiate derivatives, hallucinogens, stimulants, and depressants that have no legitimate medical use (as defined in § 18-18-203), or a schedule II controlled substance, including any potentially addictive substance that is used or manufactured contrary to its current accepted medical use (as defined in § 18-18-204), unless the child tests positive for a schedule II controlled substance as a result of the mother's lawful intake of such substance as prescribed

Citation: Rev. Stat. § 19-3-102(1)(g)

A child is neglected or dependent if the child tests positive at birth for either a schedule I controlled substance, as defined in § 18-18-203, or a schedule II-controlled substance, as defined in § 18-18-204, unless the child tests positive for a schedule II controlled substance as a result of the mother's lawful intake of such substance as prescribed.

Citation: Rev. Stat. § 19-3-401(3)(a)-(c) 

A newborn child who is not in a hospital setting shall not be taken into temporary protective custody for a period of longer than 24 hours without a court order that includes findings that an emergency situation exists and that the newborn child is seriously endangered.

A newborn child who is in a hospital setting shall not be taken into temporary protective custody without a court order that includes findings that an emergency situation exists and that the newborn child is seriously endangered. A newborn child may be detained in a hospital by a law enforcement officer upon the recommendation of a county Department of Social Services or by a physician, registered nurse, licensed practical nurse, or physician assistant while a court order is being pursued, but the newborn child must be released if a court order is denied.

A court order is not required in the following circumstances:

  • When a newborn child is identified by a physician, registered nurse, licensed practical nurse, or physician assistant engaged in the admission, care, or treatment of patients as being affected by substance abuse or demonstrating withdrawal symptoms resulting from prenatal drug exposure
  • When the newborn child is subject to an environment exposing the newborn child to a laboratory for manufacturing controlled substances