Parental Substance Use as Child Maltreatment - Colorado

Substance-Exposed Newborns 
Citation: Rev. Stat. §§ 19-1-103(1)(a) 19-3-102(1)(g); 19-3-401(3)(a)-(c)

The meaning of 'abuse' or 'child abuse or neglect' includes any case in which a child is born affected by alcohol or substance exposure, except when taken as prescribed or recommended and monitored by a licensed health-care provider, and the newborn child's health or welfare is threatened by substance use.

A child is neglected or dependent if the child is born affected by alcohol or substance exposure, except when taken as prescribed or recommended and monitored by a licensed health-care provider, and the newborn child's health or welfare is threatened by substance use.

A newborn child who is not in a hospital setting shall not be taken into temporary protective custody for a period of longer than 24 hours without a court order.  The order must include findings that an emergency situation exists and that the newborn child is seriously endangered.

A newborn child who is in a hospital setting shall not be taken into temporary protective custody without a court order. The order must include findings that an emergency situation exists and that the newborn child is seriously endangered. A newborn child may be detained in a hospital by a law enforcement officer upon the recommendation of a county Department of Social Services or by a physician, registered nurse, licensed practical nurse, or physician assistant while a court order is being pursued, but the newborn child must be released if a court order is denied.

A court order is not required in the following circumstances:

• When a newborn child is identified by a physician, registered nurse, licensed practical nurse, or physician assistant engaged in the admission, care, or treatment of patients as being affected by substance abuse or demonstrating withdrawal symptoms resulting from prenatal drug exposure
• When the newborn child is subject to an environment exposing the newborn child to a laboratory for manufacturing controlled substances

Children Exposed to Parental Substance Use
Citation: Rev. Stat. §§ 19-1-103(1)(a); 18-6-401(1)(c)

The meaning of 'abuse' or 'child abuse or neglect' includes any case in which, in the presence of a child or on the premises where a child is found or resides, a controlled substance as defined in § 18-18-102(5) is manufactured or attempted to be manufactured.

A person commits child abuse if, in the presence of a child, on the premises where a child is found or resides, or in a vehicle containing a child, the person knowingly engages in the manufacture or attempted manufacture of a controlled substance as defined by § 18-18-102(5) or knowingly possesses ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers with the intent to use the product as an immediate precursor in the manufacture of a controlled substance. It shall be no defense to the crime of child abuse that the defendant did not know that a child was present, a child could be found, a child resided on the premises, or a vehicle contained a child.

A parent, lawful guardian, or a person having the care or custody of a child who knowingly allows the child to be present or reside at a premises or to be in a vehicle where the parent, guardian, or person having care or custody of the child knows or reasonably should know that another person is engaged in the manufacture or attempted manufacture of methamphetamine commits child abuse.

A parent, lawful guardian, or a person having the care or custody of a child who knowingly allows the child to be present or reside at a premises or to be in a vehicle where the parent, guardian, or person having care or custody of the child knows or reasonably should know that another person possesses ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers with the intent to use the product as an immediate precursor in the manufacture of methamphetamine commits child abuse.