Parental Substance Use as Child Abuse - Delaware

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Citation: Ann. Code Tit. 10, § 901(18) 

'Neglect' or 'neglected child' means that a person is responsible for the care, custody, and/or control of the child; has the ability and financial means to provide for the care of the child; and chronically and severely abuses alcohol or a controlled substance, is not active in treatment for the abuse, and the abuse threatens the child's ability to receive care necessary for that child's safety and general well-being.

Citation: Ann. Code Tit. 11, § 1102 

A person is guilty of endangering the welfare of a child when:

  • The person commits any offense set forth in chapter 47 of title 16 (Uniform Controlled Substances Act) in any dwelling, knowing that any child younger than age 18 is present in the dwelling at the time. 
  • The person provides or permits a child to consume or inhale any substance not prescribed to the child by a physician, as defined in title 16, §§ 4714, 4716, 4718, 4720, and 4722.

Endangering the welfare of a child shall be punished as follows:

  • When the death of a child occurs while the child's welfare was endangered as defined above, endangering the welfare of a child is a class E felony.
  • When serious physical injury to a child occurs while the child's welfare was endangered as defined above, endangering the welfare of a child is a class G felony.