Parental Substance Use as Child Maltreatment - California

Substance-Exposed Newborns
Citation: Penal Code § 11165.13; Health & Safety Code § 123605

A positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse or neglect. However, any indication of maternal substance abuse shall lead to an assessment of the needs of the mother and child pursuant to § 123605 of the Health and Safety Code.

If other factors indicate risk to a child, a report shall be made. However, a report based on risk to a child that relates solely to the inability of the parent to provide the child with regular care due to substance abuse shall be made only to a county welfare or probation department and not to a law enforcement agency.

Each county shall establish protocols between county health departments, county welfare departments, and all public and private hospitals in the county regarding the application and use of an assessment of the needs of and a referral for a substance-exposed infant to a county welfare department.

The assessment of the needs shall be performed by a health practitioner or a medical social worker. The needs assessment shall be performed before the infant is released from the hospital. The purpose of the assessment is to do all the following:

• Identify needed services for the mother, child, or family, including, where applicable, services to assist the mother in caring for her child and services to assist in maintaining children in their homes
• Determine the level of risk to the newborn upon release to the home and the corresponding level of services and intervention, if any, necessary to protect the newborn's health and safety, including a referral to the county welfare department for child welfare services
• Gather data for information and planning purposes

Children Exposed to Parental Substance Use
Citation: Health & Safety Code § 11379.7; Welf. & Inst. Code § 300

Except as provided below, any person convicted of a violation of §11379.6(a) (manufacture of a controlled substance) or §11383 (possession of the chemicals or equipment used for such manufacture), or of an attempt to violate those sections, as those sections relate to methamphetamine or phencyclidine, when the commission or attempted commission of the crime occurs in a structure where any child under age 16 is present, shall, in addition and consecutive to the punishment prescribed for the felony of which they have been convicted, be punished by an additional term of 2 years in the State prison.

Any person convicted of a violation of § 11379.6(a) or § 11383, or of an attempt to violate those sections, as those sections relate to methamphetamine or phencyclidine, when the commission of the crime causes any child under age 16 to suffer great bodily injury, shall, in addition and consecutive to the punishment prescribed for the felony of which they have been convicted, be punished by an additional term of 5 years in the State prison.

As used in this section, 'structure' means any house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, motor vehicle, housecar, trailer, trailer coach, camper, mine, floating home, or other enclosed structure capable of holding a child and manufacturing equipment.

A child who has suffered, or is at substantial risk of suffering, serious physical harm or illness resulting from the inability of the parent or guardian to provide regular care for the child due to the parent's or guardian's mental illness, developmental disability, or substance abuse may be adjudged to be a dependent child by the juvenile court.