Parental Substance Use as Child Abuse - Nebraska

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Citation: Rev. Stat. § 28-457

Any person who knowingly or intentionally causes or permits a child or vulnerable adult to inhale or have contact with methamphetamine, a chemical substance, or paraphernalia is guilty of a class I misdemeanor. For any second or subsequent conviction under this subsection, any offending person is guilty of a class IV felony.

Any person who knowingly or intentionally causes or permits a child or vulnerable adult to ingest methamphetamine, a chemical substance, or paraphernalia is guilty of a class I misdemeanor. For any second or subsequent conviction under this subsection, any offending person shall be guilty of a class IIIA felony.

Any child or vulnerable adult who resides with a person violating the subsections above shall be taken into protective custody as provided in the Adult Protective Services Act or the Nebraska Juvenile Code.

Any person who violates the subsections above and a child or vulnerable adult actually suffers serious bodily injury by ingestion of, inhalation of, or contact with methamphetamine, a chemical substance, or paraphernalia is guilty of a class IIIA felony, unless the ingestion, inhalation, or contact results in the death of the child or vulnerable adult, in which case the person is guilty of a class IB felony.