Abused or neglected child; prenatal substance abuse. Specifies that, in the case of an infant affected by in utero substance exposure, evidence of substance exposure in a pregnant or postpartum woman is not solely a "reason to suspect that a child is abused or neglected." The bill requires that evidence of harm or substantial risk of harm to a child and a pregnant woman's compliance adherence to any substance use disorder treatment be included in any report of suspected child abuse or neglect. The bill requires local community services boards to be notified of a finding or diagnosis that a child (i) was born affected by substance abuse or experiencing withdrawal symptoms resulting from in utero drug exposure; (ii) has an illness, disease, or condition attributable to maternal abuse of a controlled substance during pregnancy; or (iii) has a fetal alcohol spectrum disorder. Under the bill, a health care provider is required to provide a pregnant or postpartum woman with certain information and obtain informed consent prior to conducting toxicology or cord blood testing. Finally, the bill provides immunity from any civil or criminal liability or administrative penalty or sanction for a health care provider who does not conduct toxicology or cord blood testing of a child or pregnant or postpartum woman.

Statutes affected:
Introduced: 63.2-1509