Parental Substance Use as Child Maltreatment - Utah

Substance-Exposed Newborns 
Citation: Ann. Code § 80-2-603(2); Admin. Code R512-80-2

A health-care provider who attends the birth of a newborn child or cares for a newborn child and determines the following shall report it to the division as soon as possible:

• The newborn child may demonstrate any of the following:
  • The child is adversely affected by their mother's substance abuse during pregnancy.
  • The child has fetal alcohol syndrome or fetal alcohol spectrum disorder.
  • The child demonstrates drug or alcohol withdrawal symptoms.
• The parent of the newborn child or a person responsible for the child's care demonstrates functional impairment or an inability to care for the child as a result of the parent's or person's substance abuse.
   

In regulation: The term 'abuse' includes fetal exposure to alcohol or other harmful substances. The term 'fetal exposure to alcohol or other harmful substances' means a condition in which a newborn is adversely affected by the child's mother's substance abuse during pregnancy, has fetal alcohol syndrome or fetal alcohol spectrum disorder, or demonstrates drug or alcohol withdrawal symptoms. Newborn withdrawal symptoms due to medications taken by the mother as legally prescribed, without indication of misuse, are expected and do not constitute fetal exposure. 

Children Exposed to Parental Substance Use
Citation: Ann. Code § 76-5-112.5

The term 'chemical substance' means the following:

• A substance intended to be used as a precursor in the manufacture of a controlled substance
• A substance intended to be used in the manufacture of a controlled substance
• Any fumes or by-products resulting from the manufacture of a controlled substance

The term 'exposed to' means the following: 

• That the child is able to access or view an unlawfully possessed controlled substance or chemical substance
• That the child has the reasonable capacity to access drug paraphernalia
• That the child is able to smell an odor produced during, or as a result of, the manufacture or production of a controlled substance

A person commits endangerment of a child if the person knowingly or intentionally causes or permits a child to be exposed to, inhale, ingest, or have contact with a controlled substance, chemical substance, or drug paraphernalia. A violation of this section is a third-degree felony.

• A person is guilty of a second-degree felony if the person engages in the conduct described above and as a result of that conduct, a child suffers bodily injury, substantial bodily injury, or serious bodily injury.
• A person is guilty of a first-degree felony if the person engages in the conduct described above, and as a result of that conduct, a child dies.

It is an affirmative defense to a violation of this section that the controlled substance was obtained by lawful prescription and is used or possessed by the person to whom it was lawfully prescribed.

The penalties described in this section are separate from, and in addition to, the penalties and enhancements described in Title 58, Occupations and Professions.