Parental Substance Use as Child Maltreatment - Oklahoma

Substance-Exposed Newborns 
Citation: Ann. Stat. Tit. 10A, §§1-1-105(21); 1-2-101(3)

A 'deprived child' means a child who is a child in need of special care and treatment because of the child's physical or mental condition, and the child's parents, legal guardian, or other custodian is unable or willfully fails to provide such special care and treatment. As used in this paragraph, a child in need of special care and treatment includes, but is not limited to, a child who at birth tests positive for alcohol or a controlled dangerous substance and who, pursuant to a drug or alcohol screen of the child and an assessment of the parent, is determined to be at risk of harm or threatened harm to the health or safety of a child.

Every physician, surgeon, or other health-care professional, including licensed osteopathic physicians, residents, and interns, or any other health-care professional or midwife involved in the prenatal care of expectant mothers or the delivery or care of infants shall promptly report to the Department of Human Services instances in which an infant tests positive for alcohol or a controlled dangerous substance. This shall include infants who are diagnosed with neonatal abstinence syndrome or fetal alcohol spectrum disorder.

Children Exposed to Parental Substance Use
Citation: Ann. Stat. Tit. 10A, § 1-1-105(23), (49)

'Drug-endangered child' means a child who is at risk of suffering physical, psychological, or sexual harm resulting from the use, possession, distribution, manufacture, or cultivation of controlled substances, or the attempt of any of these acts, by a person responsible for the health, safety, or welfare of the child, as defined in paragraph 51 of this section. This term includes circumstances in which the substance abuse of the person responsible for the health, safety, or welfare of the child interferes with that person's ability to parent and provide a safe and nurturing environment for the child.

The term 'neglect' includes the failure or omission to protect a child from exposure to the use, possession, sale, or manufacture of illegal drugs.