Parental Substance Use as Child Maltreatment - Idaho

Substance-Exposed Newborns
Citation: Admin. Code § 16.06.01.561(02)

An individual with a Level Two designation will remain on the Child Protection Central Registry for a minimum of 10 years. After the end of the 10-year period, an individual may petition the Department of Health and Welfare to request their name be removed from the central registry in accordance with § 566 of these rules. Names of individuals for whom an incident of prenatal use of any controlled substance, except as prescribed by a medical professional, has been substantiated will be given the designation of Level Two.

Children Exposed to Parental Substance Use
Citation: Idaho Code § 37-2737A(1)-(2)

Except as authorized in this chapter, it is unlawful for any person to manufacture, deliver, or possess with the intent to manufacture or deliver a controlled substance as defined in schedules I, II, III, and IV in this chapter upon the same premises where a child under age 18 is present. Schedules I, II, III, and IV controlled substances include opiates, hallucinogens, cannabis, stimulants, depressants, anabolic steroids, hormones, and narcotics (as defined in §§ 37-2705, 37-2707, and 37-2709).

As used in this section, 'premises' means any of the following:

• Motor vehicle or vessel
• Dwelling or rental unit including, but not limited to, an apartment, townhouse, condominium, mobile home, manufactured home, motel room, or hotel room
• Dwelling house, its curtilage, and any other outbuildings