Parental Substance Use as Child Maltreatment - Florida

Substance-Exposed Newborns 
Citation: Ann. Stat. §§ 39.01(2), (37)(g)(1); 39.201(a)(1)

'Abuse' means any willful act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired.

'Harm' to a child's health or welfare can occur when any person exposes a child to a controlled substance or alcohol. Exposure to a controlled substance or alcohol is established by a test, administered at birth, which indicated that the child's blood, urine, or meconium contained any amount of alcohol or a controlled substance or metabolites of such substances, the presence of which was not the result of medical treatment administered to the mother or the newborn infant.

A person is required to report immediately to the central abuse hotline established in § 39.101 if they know or have reasonable cause to suspect that child abuse, abandonment, or neglect by a parent or caregiver has occurred.

Children Exposed to Parental Substance Use
Citation: Ann. Stat. § 39.01(37)(g)(2)

'Harm' to a child's health or welfare can occur when any person exposes a child to a controlled substance or alcohol. Exposure to a controlled substance or alcohol is established by evidence of extensive, abusive, and chronic use of a controlled substance or alcohol by a parent to the extent that the parent's ability to provide supervision and care for the child has been or is likely to be severely compromised.

The term 'controlled substance' means prescription drugs not prescribed for the parent or not administered as prescribed and controlled substances as outlined in schedule I or schedule II of § 893.03.