Parental Substance Use as Child Maltreatment - West Virginia

Substance-Exposed Newborns 
Citation: CPS Pol. Man. §§ 1.9; 2.8

In policy: 'Drug-affected infants': Infants referred by medical staff, including hospital social workers, who are less than 1 year old, test positive for legal or illegal substances or prescribed medication or suffer from withdrawal symptoms resulting from prenatal drug exposure, or a fetal alcohol spectrum disorder.

For reports involving substance use, misuse, or substance use disorder, specific to newborns and infants, the Child Abuse Prevention and Treatment Act is a key piece of Federal legislation that guides child welfare. This legislation requires that child welfare and other community service providers address the needs of newborn infants who have been identified as being exposed to and/or affected by alcohol, legal and/or illegal substances, or who are experiencing withdrawal symptoms resulting from prenatal substance exposure. Health-care providers or medical professionals who are involved in the delivery or care of such infants are required to make a report to child protective services. Hospital social workers who report are acting on behalf of the hospital or birthing center and should be considered medical professionals in this capacity.

Infants who test positive for prescribed, non-prescribed, legal or illegal substances, are experiencing withdrawal symptoms, or are diagnosed with fetal alcohol spectrum disorder are more vulnerable due to their medical condition.

Neonatal abstinence syndrome is a group of symptoms that occur in a newborn who was exposed to addictive illegal or prescription substances while in the mother's womb.

When a report is received specifically from a medical professional, including a hospital social worker, indicating that an infant was born testing positive for a legal or illegal substance or prescribed medication, is suffering withdrawal symptoms from a legal or illegal substance or prescribed medication (including medications that treat addiction), or has symptoms indicating fetal alcohol spectrum disorder, the child will be identified as a drug-affected infant.

Children Exposed to Parental Substance Use
Citation: W. Va. Code §§ 49-1-201; 60A-10-12; CPS Pol. Man. § 2.8

'Imminent danger to the physical well-being of the child' means an emergency situation in which the welfare or the life of the child is threatened. This may include reasonable cause to believe that the parent, guardian, or custodian's abuse of alcohol, drugs, or other controlled substances, as defined in § 60A-1-101, has impaired their parenting skills to a degree as to pose an imminent risk to a child's health or safety.

Any person aged 18 or older who knowingly causes or permits a minor to be present in a location where methamphetamine is manufactured or attempted to be manufactured is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for no less than 1 year nor more than 5 years, fined no more than $10,000, or both.

Notwithstanding the provisions above, the penalty for a violation of said subsection when the child suffers serious bodily injury shall be confinement in a State correctional facility for no less than 3 years nor more than 15 years, a fine of no more than $25,000, or both.

In policy: Children who live in and/or near methamphetamine labs or are exposed to vapors from smoking methamphetamine are at the greatest risk for health issues due to their proximity to areas where the residue can be found, such as in carpeted floors, tables, clothing, toys, and ventilation.

Responding to a suspected meth lab where there are children or where they are exposed to vapors from caregivers or others smoking methamphetamine are present, requires a carefully planned and coordinated approach involving multiple partners. Those who make meth or often use meth, are also prone to violent behavior. Often, meth producers try to keep secret and protect their illegal operations by using weapons, explosive traps, and surveillance equipment. Centralized intake staff should attempt to gather information about any suspected methamphetamine exposure and manufacturing so that child welfare staff may appropriately plan for any coordinated response that may be required.