Parental Substance Use as Child Maltreatment - Oregon

Substance-Exposed Newborns
Citation: Admin. Code § 413-080-0050(32)

'Substance-affected infant' means an infant, regardless of whether abuse is suspected, for whom prenatal substance exposure is indicated at birth and subsequent assessment by a health care provider identifies signs of substance withdrawal, a fetal alcohol spectrum disorder diagnosis, or detectable physical, developmental, cognitive, or emotional delay or harm that is associated with prenatal substance exposure. Prenatal substance exposure is determined by a positive toxicology screen from the infant or the mother at delivery or credible information the mother had an active untreated substance use disorder during the pregnancy or at the time of birth.

Children Exposed to Parental Substance Use
Citation: Rev. Stat. §§ 163.547; 419B.005

A person having custody or control of a child under age 16 commits the crime of child neglect in the first degree if the person knowingly leaves the child or allows the child to stay at any of the following:

• In a vehicle where controlled substances or cannabinoid extracts are being criminally delivered or manufactured
• In or upon premises, or in the immediate proximity of premises, where a cannabinoid extract is being processed, if the premises have not been licensed under § 475B.085
• In or upon premises and in the immediate proximity where controlled substances are criminally delivered, manufactured for consideration or profit, or where a chemical reaction involving one or more precursor substances:
  • Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking, or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance
  • Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking, or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under § 453.885
• In or upon premises that have been determined to be not fit for use under §§ 453.855 to 453.912

As used in this subsection, 'vehicle' and 'premises' do not include public places, as defined in § 161.015.

Child neglect in the first degree is a class B felony.

This section does not apply if the controlled substance is marijuana and is delivered for no consideration.

The Oregon Criminal Justice Commission shall classify child neglect in the first degree as crime category 6 of the sentencing guidelines grid of the commission if the controlled substance being delivered or manufactured is methamphetamine.

The term 'abuse' includes the following:

• Permitting a person younger than age 18 to enter or remain in or upon premises where methamphetamines are being manufactured
• Unlawful exposure to a controlled substance or to the unlawful manufacturing of a cannabinoid extract, as defined in § 475B.015, which subjects a child to a substantial risk of harm to the child's health or safety