Parental Substance Use as Child Maltreatment - Kansas

Substance-Exposed Newborns
Citation: Ann. Stat. § 38-2223; Admin. Regs., § 30-46-10

When any mandated reporter has reason to suspect that a child has been harmed by physical, mental, or emotional abuse; neglect; or sexual abuse, the person shall report the matter to the Department for Children and Families.

In regulation: The term 'neglect' may include the birth of an infant who is identified as being affected by or having withdrawal symptoms resulting from prenatal exposure to a legal or illegal substance.

Children Exposed to Parental Substance Use
Citation: Ann. Stat. § 21-5601(b)-(c); 38-2269

'Aggravated endangering a child' means the following:

• Recklessly causing or permitting a child under age 18 to be placed in a situation in which the child's life, body, or health is endangered
• Causing or permitting the child to be in an environment in which the person knows or reasonably should know that any person is distributing, possessing with intent to distribute, manufacturing, or attempting to manufacture any methamphetamine or fentanyl-related controlled substance
• Causing or permitting the child to be in an environment in which the person knows or reasonably should know the following:
  • Drug paraphernalia or volatile, toxic, or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture any methamphetamine
  • Drug paraphernalia or toxic materials, compounds, or mixtures are stored or used for the purpose of manufacturing or attempting to manufacture any fentanyl-related controlled substance.

Aggravated endangering a child is a severity level 9-person felony or a severity level 6-person felony when bodily harm is inflicted upon the child. The sentence for a violation of aggravated endangering a child shall be served consecutively to any other term or terms of imprisonment imposed. The sentence shall not be considered a departure and shall not be subject to appeal.

When the child has been adjudicated to be a child in need of care, the court may terminate parental rights or appoint a permanent custodian when the court finds by clear and convincing evidence that the parent is unfit by reason of conduct or condition that renders the parent unable to care properly for the child and the conduct or condition is unlikely to change in the foreseeable future. In deciding the parent's unfitness, the court shall consider but is not limited to, the use of intoxicating liquors or narcotic or dangerous drugs of such duration or nature as to render the parent unable to care for the ongoing physical, mental, or emotional needs of the child.