Parental Substance Use as Child Maltreatment - Vermont

Substance-Exposed Newborns 
Citation: Fam. Serv. Pol. Man., Policy 51

In policy: The Family Division will conduct an assessment under the following circumstances:

• When there is substance abuse by a pregnant woman and the following apply:
  • A physician certifies or the mother admits to using illegal substances, using nonprescribed prescription medication, or misusing prescription medication during the last trimester of her pregnancy.
  • There is an allegation that there is likely to be a serious threat to a child's health or safety due to the mother's substance use during pregnancy, and intervention before a child's birth may assist the family to remediate the issues and avoid the need for Department for Children and Families custody after the birth.
  • An assessment may begin approximately 1 month before the due date or sooner if medical findings indicate that the mother may deliver early.
• When there are concerns regarding a newborn infant, as follows:
  • A newborn has a positive toxicology screen for illegal substances or prescription medication not prescribed to the patient or administered by a physician.
  • A newborn has been deemed by a medical professional to have neonatal abstinence syndrome as the result of maternal use of illegal substances or nonprescribed prescription medication.
  • A newborn has been deemed by a medical professional to have fetal alcohol spectrum disorder.

The division does not intervene in situations where the sole concern is a pregnant woman's use of marijuana or a newborn's prenatal exposure to marijuana.

Children Exposed to Parental Substance Use
Citation: Fam. Serv. Pol. Man., Policy 50, 51

The term 'risk of harm' means a significant danger that a child will suffer serious harm by other than accidental means, and by which harm would be likely to cause physical injury as the result of any of the following:

• The production or preproduction of methamphetamines when a child is actually present
• Failing to provide supervision or care appropriate for the child's age or development due to the use of illegal substances or the misuse of prescription drugs or alcohol
• Failing to supervise appropriately a child in a situation in which drugs, alcohol, or drug paraphernalia are accessible to the child

The division's initial safety intervention shall be an investigation if it alleges substantial child endangerment, including, but not limited to, allegations that a person responsible for a child's welfare allowed a child to be exposed to methamphetamine production or preproduction.