If this bill were to become law, it would amend current statutes regarding child neglect by introducing new definitions and classifications. Specifically, it would establish that a person with custody of a child commits child neglect if they engage in conduct that harms the child, particularly through exposure to dangerous or narcotic drugs or through a clinical diagnosis consistent with fetal alcohol syndrome, as defined in existing law. This addition would clarify the circumstances under which child neglect is recognized legally.

Furthermore, the bill would create an affirmative defense for mothers who have completed alcohol or drug treatment during their pregnancy, thereby providing a legal safeguard against charges of child neglect under these specific conditions. Additionally, it would classify child neglect as a class 6 felony, which represents a significant change in the legal consequences associated with such offenses. Overall, these updates aim to address the complexities of child neglect cases involving prenatal substance exposure while also emphasizing the importance of treatment for mothers.

Statutes affected:
Introduced Version: 13-3619.01
Senate Engrossed Version: 13-3619.01