Parental Substance Use as Child Maltreatment - New York

Substance-Exposed Newborns 
Citation: CPS Pol. Man. Ch. 6, § J(2)

In policy: The abuse of drugs or alcohol by parents of children, including newborn infants who present with a positive toxicology after birth, is one of the more difficult situations confronting child protective services (CPS). The benefits of maintaining the parent-child bond must be weighed against the parent's ability to provide adequate care for the infant.

In deciding to register a report of suspected child abuse or maltreatment when the allegations involve positive toxicology of an infant, the State Central Register (SCR) should not register a report based on an infant's positive toxicology if the infant's birthing parent is compliant with a drug treatment program or is under the care and supervision of a doctor and is using the drugs as prescribed and is demonstrating an ability to care for the infant. Also, the SCR should not register a report if the only reported concern is that an infant tests positive for the presence of cannabis or alcohol without a demonstrated effect on the infant. It is important to note, however, that if the caller provides a reasonable cause to suspect that a child's physical, mental, or emotional condition has been harmed or is at risk of being harmed by a parent and/or any other person responsible for the child's care, the SCR will register a suspected child maltreatment report.

If a report is registered, a parent or person legally responsible should not be indicated simply for participating in a substance abuse treatment program. To indicate the parent of a child, including a newborn with positive toxicology, because of the parent's drug use or abuse, CPS must find that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired. Evidence that a newborn infant tested positive for a drug or alcohol in its bloodstream or urine; or is born dependent on drugs, or with drug withdrawal symptoms, fetal alcohol effect, or fetal alcohol syndrome; or has been diagnosed as having a condition that may be attributable to in utero exposure to drugs or alcohol is not sufficient, in and of itself, to support a determination that the child is abused or maltreated. In addition, such evidence alone is not sufficient for a local social services department to take protective custody of the child.

Children Exposed to Parental Substance Use
Citation: Soc. Serv. Law §§ 371(4-a); 413(4)

'Neglected child' means a child younger than age 18 whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of their parent or another person legally responsible for their care to exercise a minimum degree of care by misusing a drug or drugs, by misusing alcoholic beverages to the extent that they lose self-control of their actions, or by any other acts of a similarly serious nature requiring the aid of the court; provided, however, that where the respondent is voluntarily and regularly participating in a rehabilitative program, evidence that the respondent has repeatedly misused a drug or drugs or alcoholic beverages to the extent that they lose self-control of their actions shall not establish that the child is a neglected child in the absence of evidence establishing that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired.

Any person, institution, school, facility, agency, organization, partnership, or corporation that employs persons who are mandated to report suspected incidents of child abuse or maltreatment and whose employees, in the normal course of their employment travel to locations where children reside, shall provide, consistent with § 421 of this title, all current and new employees with information on recognizing the signs of an unlawful methamphetamine laboratory. Pursuant to § 19.27 of the mental hygiene law, the Office of Alcoholism and Substance Abuse Services shall make available to such employers information on recognizing the signs of unlawful methamphetamine laboratories.