Parental Substance Use as Child Abuse - Pennsylvania

Citation: Cons. Stat. Tit. 23, § 6303(b.1)(8)(vi)

The term 'child abuse' includes intentionally, knowingly, or recklessly causing a child to be present at a location while a violation of Cons. Stat. tit. 18, § 7508.2 (relating to operation of a methamphetamine laboratory) is occurring, provided that the violation is being investigated by law enforcement.

Citation: Cons. Stat. Tit. 23, § 6386(a), (a.1)

For the purpose of assessing a child and the child's family for a plan of safe care, a health-care provider shall immediately give notice or cause notice to be given to the Department of Human Services if the provider is involved in the delivery or care of a child under 1 year of age and the health-care provider has determined, based on standards of professional practice, the child was born affected by either of the following:

• Substance use or withdrawal symptoms resulting from prenatal drug exposure
• A fetal alcohol spectrum disorder

The notification by a health-care provider to the department and any transmittal to the county agency by the department shall not constitute a child abuse report. 

Citation: Pa. Stat. Tit. 35, § 780-113(a)(38), (p) 

The following acts and the causing thereof within the Commonwealth are hereby prohibited: The unlawful manufacture of methamphetamine or phencyclidine or their salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, or salts of isomers is possible (i) in a structure where any child under age 18 is present or (ii) where the manufacturing of methamphetamine or phencyclidine causes any child under age 18 to suffer bodily injury.

Any person who violates clause (i) is guilty of a felony of the third degree and upon conviction thereof shall be sentenced to not more than 7 years in prison and a fine of not more than $25,000, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.

Any person who violates clause (ii) is guilty of a felony of the second degree and upon conviction thereof shall be sentenced to not more than 10 years in prison and a fine of not more than $50,000, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.