HB 103 CHILD EXPOSURE TO CONTROLLED SUBSTANCE

Rep Stefanie Lord

Actions: HPREF [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 103 (HB 103) relates to crime and provides that exposure of a child to certain drugs constitutes child abuse, allows for the taking of newborn children into temporary protective custody under certain circumstances, and appropriates funds.  

 House Bill 103 (HB 103) makes two changes to the Abuse and Neglect Act. 

First, HB 103 amends the definition of child abuse by adding that abuse can be committed by causing a child to be exposed to a controlled substance if the child tests positive at birth to a Schedule I or Schedule II controlled substance.  The exception is if the child tests positive to a controlled substance as a result of the mother’s lawful, prescribed intake of the substance.  

The bill provides that it is not a defense to a child abuse charge that the defendant did not know the child was present or residing on the premises or in a vehicle. This applies to the crimes of allowing a child to remain in a vehicle or building that contains chemicals for the manufacture of drugs, or exposing a child to the use of methamphetamine.  

Second, HB 103 enacts a new section of the Abuse and Neglect Act that allows a newborn child to be taken into temporary protective custody with or without a court order, depending on circumstance.  A newborn child is defined as a child less than 72 hours old. The taking of a child into temporary custody is not an arrest and it does not constitute a police record. 

A court order to take a newborn into protective custody is needed for a newborn who is in a hospital.  The court must find that an emergency situation exists and the child is seriously endangered.  While the court order is being sought, the child may be detained in a by a law enforcement officer upon the recommendation of the Health Care Authority Department, the Children, Youth and Families Department, or a medical professional (a physician, registered nurse, practical nurse, or physician assistant).  However, if the court order is denied, the child must be released.  

A newborn child who is not in a hospital setting cannot be taken into protective custody for more than 24 hours without a court order. The court must find that an emergency situation exists and the child is seriously endangered.  

A newborn child may be taken into temporary protective custody without a court order if the child is identified by a medical professional as being affected by substance abuse or demonstrates withdrawal symptoms, or when the child is subject to an environment exposing the child to an illegal drug lab.  

The bill appropriates the following reverting funds from the General Fund for use in Fiscal Year 2025: $3,000,000 to CYFD; $3,000,000 to the Administrative Office of the Courts; and $1,000,000 to the Corrections Department.