This bill seeks to strengthen the protection of newborns from the dangers of controlled substances, specifically by defining exposure to Schedule I or Schedule II substances, including fentanyl, as child abuse. It revises the definition of "neglected child" and introduces a new definition for "newborn" as a child less than seventy-two hours old. The legislation mandates the temporary protective custody of newborns under certain conditions, such as when they are identified by medical professionals as affected by substance abuse or in environments linked to the illegal manufacture of controlled substances. It also requires the development of plans of safe care for substance-exposed newborns, ensuring collaboration among healthcare providers and relevant agencies to meet the needs of these vulnerable children.

Furthermore, the bill outlines the responsibilities of healthcare providers in reporting concerns about newborns at risk due to prenatal exposure to controlled substances to the Children, Youth and Families Department. It emphasizes the importance of data collection and reporting to monitor the effectiveness of the measures implemented. The bill clarifies the circumstances under which a child may be considered neglected if their parent or guardian fails to comply with a plan of safe care and establishes guidelines for taking newborns into temporary protective custody, including the requirement for court orders in most cases. Importantly, it states that taking a newborn into custody under these conditions does not constitute an arrest and will not create any law enforcement record, highlighting the urgency of the bill for public health and safety.

Statutes affected:
introduced version: 30-6-1, 32A-3A-2, 32A-3A-13, 32A-3A-14, 32A-4-2, 32A-4-3