Parental Substance Use as Child Maltreatment - Delaware

Substance-Exposed Newborns 
Citation: Ann. Code Tit. 16, §§ 902B; 903B

'Infant with prenatal substance exposure' means a child no more than age 1 who is born with and identified as being affected by substance abuse or withdrawal symptoms or a fetal alcohol spectrum disorder. The health-care provider involved in the delivery or care of the infant shall determine whether the infant is affected by the substance exposure.

The health-care provider who is involved in the delivery or care of an infant with prenatal substance exposure shall make a notification to the Division of Family Services by contacting the division report line, as identified in § 905 of this title. A notification made under this section is not to be construed to constitute a report of child abuse or neglect under § 903 of this title, unless risk factors are present that would jeopardize the safety and well-being of the infant.

Children Exposed to Parental Substance Use
Citation: Ann. Code Tit. 10, § 901(18); Tit. 11, § 1102

'Neglect' or 'neglected child' means that a person who is responsible for the care, custody, and/or control of the child chronically and severely abuses alcohol or a controlled substance, is not active in treatment for the abuse, and the abuse threatens the child's ability to receive care necessary for that child's safety and general well-being.

A person is guilty of endangering the welfare of a child when either of the following apply:

• The person commits any offense set forth in chapter 47 of title 16 (Uniform Controlled Substances Act) in any dwelling, knowing that any child younger than age 18 is present in the dwelling at the time.
• A child dies or suffers a serious physical injury or a period of altered mental or physical state because the person intentionally, knowingly, or recklessly makes available to the child through exposure, consumption, or inhalation any of the following:
  • A controlled substance that is not prescribed to the child by a physician
  • A prescription drug that is not a controlled substance but for which a prescription is required

Endangering the welfare of a child shall be punished as follows:

• When the death of a child occurred while the child's welfare was endangered, as defined above, endangering the welfare of a child is a class E felony.
• When serious physical injury to a child occurred while the child's welfare was endangered, as defined above, endangering the welfare of a child is a class G felony.