Parental Substance Use as Child Maltreatment - Ohio

Substance-Exposed Newborns
Citation: Admin. Code § 5101:2-1-01(314)

'Substance affected infant' means a child under age 12 months who is abused pursuant to § 2151.031 of the Revised Code due to in utero exposure to a legal or illegal substance. This does not include in utero exposure to any substance used as prescribed during the pregnancy.

Children Exposed to Parental Substance Use
Citation: Rev. Code § 2919.22(B)(6), (E)(3)

No person shall allow the child to be on the same parcel of real property and within 100 feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within 100 feet of the unit, of any act in violation of § 2925.04 (prohibiting the cultivation of marijuana or the manufacture of a controlled substance) or § 2925.041 (prohibiting the possession of any of the chemicals used in the manufacture of a controlled substance) when the person knows that the act is occurring, whether or not any person is prosecuted or convicted of the violation that is the basis of the violation of this section.

If the drug involved in an offense described above is methamphetamine, the court shall impose a mandatory prison term on the offender as follows:

• If the violation is a third-degree felony, there shall be a mandatory prison term that is no less than 2 years.
• If the offender previously has been convicted of or pleaded guilty to a third-degree felony, there shall be a mandatory prison term that is no less than 5 years.
• If the violation is a second-degree felony, there shall be a mandatory prison term that is no less than 3 years.
• If the offender previously has been convicted of or pleaded guilty to a second-degree felony, there shall be a mandatory prison term that is no less than 5 years.