The bill amends the existing law regarding the abandonment or abuse of a child by explicitly defining exposure to certain controlled substances as a form of child abuse. It introduces new legal language that states a child testing positive at birth for either a Schedule I or Schedule II controlled substance constitutes abuse, unless the positive test is due to the mother's lawful intake of such substances as prescribed. Additionally, the bill clarifies that evidence of a child being knowingly exposed to methamphetamine or being allowed to remain in environments containing chemicals for manufacturing controlled substances is considered prima facie evidence of abuse. It also removes the defense that a defendant was unaware of a child's presence in such situations.

Furthermore, the bill establishes guidelines for taking newborn children into temporary protective custody. It stipulates that a newborn in a hospital cannot be taken into custody without a court order confirming an emergency situation and serious endangerment. In non-hospital settings, a newborn can only be taken into custody for a maximum of twenty-four hours without a court order. The bill allows for immediate custody without a court order in specific circumstances, such as when a newborn is affected by substance abuse or is in an environment related to the manufacturing of controlled substances. The act is declared an emergency, necessitating its immediate effect for public safety.

Statutes affected:
introduced version: 30-6-1