Parental Substance Use as Child Abuse - Oklahoma

Citation: Ann. Stat. Tit. 10A, § 1-2-101 

 Every physician, surgeon, or other health-care professional, including doctors of medicine, licensed osteopathic physicians, residents, and interns, or any other health-care professional or midwife involved in the prenatal care of expectant mothers or the delivery or care of infants shall promptly report to the Department of Human Services instances in which an infant tests positive for alcohol or a controlled dangerous substance. This shall include infants who are diagnosed with neonatal abstinence syndrome or fetal alcohol spectrum disorder.

Citation: Ann. Stat. Tit. 10A, § 1-2-102(A)(5), (6)

Whenever the department determines there is a child that meets the definition of a 'drug-endangered child,' as defined in § 1-1-105 of this title, or a child has been diagnosed with fetal alcohol syndrome, the department shall conduct an investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment.

Whenever the department determines an infant has been diagnosed with neonatal abstinence syndrome or a fetal alcohol spectrum disorder, but the referral is not accepted for investigation, the department shall develop a plan of safe care that addresses both the infant and affected family member or caregiver. The plan of safe care shall address, at a minimum, the health and substance use treatment needs of the infant and affected family member or caregiver.

Citation: Ann. Stat. Tit. 10A, § 1-1-105(21)(e), (23), (48)(b)

The term 'deprived child' includes a child who is a child in need of special care and treatment because of the child's physical or mental condition, and the child's parents, legal guardian, or other custodian is unable or willfully fails to provide such special care and treatment. As used in this paragraph, a child in need of special care and treatment includes, but is not limited to, a child who at birth tests positive for alcohol or a controlled dangerous substance and who, pursuant to a drug or alcohol screen of the child and an assessment of the parent, is determined to be at risk of harm or threatened harm to the health or safety of a child.

'Drug-endangered child' means a child who is at risk of suffering physical, psychological, or sexual harm as a result of the use, possession, distribution, manufacture, or cultivation of controlled substances, or the attempt of any of these acts, by a person responsible for the health, safety, or welfare of the child, as defined in paragraph 51 of this section. This term includes circumstances in which the substance abuse of the person responsible for the health, safety, or welfare of the child interferes with that person's ability to parent and provide a safe and nurturing environment for the child. The term also includes newborns who test positive for a controlled dangerous substance, with the exception of those substances administered under the care of a physician.

The term 'neglect' includes the failure or omission to protect a child from exposure to the use, possession, sale, or manufacture of illegal drugs.