Parental Substance Use as Child Maltreatment - Illinois

Substance-Exposed Newborns 
Citation: Comp. Stat. Ch. 325, §§ 5/3; 5/7.3b; Ch. 705, § 405/2-3(1)(c)  

The term 'neglected child' includes a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance, as defined in the Illinois Controlled Substances Act, or a metabolite thereof. Except for a controlled substance or metabolite thereof whose presence in the newborn infant is the result of medical treatment administered to the person who gave birth or the newborn infant.

All persons required to report may refer any pregnant person in this State who has a substance use disorder, as defined in the Substance Use Disorder Act, to the Department of Human Services.

The department shall notify the local Infant Mortality Reduction Network service provider or department-funded prenatal care provider in the area in which the person resides. The service provider shall prepare a case management plan and assist the pregnant person in obtaining counseling and treatment from a local substance use disorder treatment program licensed by the department or a licensed hospital that provides substance abuse treatment services. The local Infant Mortality Reduction Network service provider and department-funded prenatal care provider shall monitor the pregnant person through the service program.

Children Exposed to Parental Substance Use
Citation: Comp. Stat. Ch. 325, § 5/3; Ch. 720, § 646/50

'Abused child' means a child under age 18 whose parent, immediate family member, any person responsible for the child's welfare, any individual residing in the same home as the child, or a paramour of the child's parent causes to be sold, transferred, distributed, or given to such child a controlled substance, as defined by law, or in violation of the Methamphetamine Control and Community Protection Act, except for controlled substances that are prescribed in accordance with the Illinois Controlled Substances Act and are dispensed to such child in a manner that substantially complies with the prescription.

Methamphetamine-related child endangerment: It is unlawful to engage in methamphetamine-related child endangerment. A person engages in methamphetamine-related child endangerment when the person knowingly endangers the life and health of a child by exposing or allowing exposure of the child to a methamphetamine-manufacturing environment. A person who violates the above paragraph is guilty of a class 2 felony.

Aggravated methamphetamine-related child endangerment: It is unlawful to engage in aggravated methamphetamine-related child endangerment. A person engages in aggravated methamphetamine-related child endangerment when the person commits methamphetamine-related child endangerment, and the child experiences death, great bodily harm, disability, or disfigurement as a result of the methamphetamine-related child endangerment. A person who violates the above paragraph is guilty of a class X felony, subject to a term of imprisonment of not less than 6 years and not more than 30 years, and subject to a fine not to exceed $100,000.