2000 Legislation
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HOUSE BILL NO. 514 – Substance abuse, infant exposed to


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H0514................................by JUDICIARY, RULES AND ADMINISTRATION
SUBSTANCE ABUSE - Amends and adds to existing law to authorize the
establishment of a work group to address exposure of infants to substance
abuse, to assess needs, to consider necessary programs and to require
reports and recommendations to the Legislature.
02/04    House intro - 1st rdg - to printing
02/07    Rpt prt - to Jud

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 514
  1                                        AN ACT
  9    Be It Enacted by the Legislature of the State of Idaho:
 10        SECTION  1.  That  Section 16-1602, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
 12        16-1602.  DEFINITIONS. For purposes of this chapter:
 13        (a)  "Abused" means any case in which a child has been the victim of:
 14        (1)  Conduct or omission resulting in skin bruising,  bleeding,  malnutri-
 15        tion,  burns,  fracture of any bone, subdural hematoma, soft tissue swell-
 16        ing, ingestion of controlled substances, failure to thrive or  death,  and
 17        such condition or death is not justifiably explained, or where the history
 18        given concerning such condition or death is at variance with the degree or
 19        type  of  such condition or death, or the circumstances indicate that such
 20        condition or death may not be the product of an accidental occurrence; or
 21        (2)  Sexual conduct, including rape,  molestation,  incest,  prostitution,
 22        obscene or pornographic photographing, filming or depiction for commercial
 23        purposes, or other similar forms of sexual exploitation harming or threat-
 24        ening the child's health or welfare or mental injury to the child; or
 25        (3)  Conduct  or  omission  resulting  in the birth of a child with a con-
 26        trolled substance present in the  child's  system,  not  prescribed  by  a
 27        licensed health care provider.
 28        (b)  "Abandoned"  means  the  failure  of  the parent to maintain a normal
 29    parental relationship with his child, including, but not limited  to,  reason-
 30    able  support  or regular personal contact. Failure to maintain this relation-
 31    ship without just cause for a period of one (1) year  shall  constitute  prima
 32    facie evidence of abandonment.
 33        (c)  "Adjudicatory  hearing" means a hearing to determine the truth of the
 34    allegations in the petition filed under this chapter.
 35        (d)  "Authorized agency" means the department, a local agency,  a  person,
 36    an  organization,  corporation,  benevolent society or association licensed or
 37    approved by the department or the court to receive children for control, care,
 38    maintenance or placement.
 39        (e)  "Child" means an individual who is under the  age  of  eighteen  (18)
 40    years.
 41        (f)  "Child  advocate  coordinator"  means  a  person  or entity receiving
 42    moneys from the grant administrator for the purpose of carrying out any of the
 43    duties as set forth in section 16-1630, Idaho Code.
  1        (g)  "Circumstances of the child" includes, but is  not  limited  to,  the
  2    joint legal custody or joint physical custody of the child.
  3        (h)  "Commit" means to transfer legal and physical custody.
  4        (i)  "Court" means district court or magistrate's division thereof, or if
  5    the context requires, a magistrate or judge thereof.
  6        (j)  "Custodian" means a person, other than a parent or legal guardian, to
  7    whom  legal  or joint legal custody of the child has been given by court order
  8    or who is acting in loco parentis.
  9        (k)  "Department" means the department  of  health  and  welfare  and  its
 10    authorized representatives.
 11        (l)  "Disposition  hearing"  means a hearing to determine whether the best
 12    interests of the child require protective supervision or vesting legal custody
 13    of the child in an authorized agency.
 14        (m)  "Family or household member" shall have the same meaning as  in  sec-
 15    tion 39-6303(2), Idaho Code.
 16        (n)  "Grant administrator" means any such organization or agency as may be
 17    designated by the supreme court from time to time to administer funds from the
 18    guardian ad litem account in accordance with the provisions of this chapter.
 19        (o)  "Guardian ad litem" means a person appointed by the court pursuant to
 20    a  guardian  ad litem volunteer program to act as special advocate for a child
 21    under this chapter.
 22        (p)  "Guardian ad litem program" means the program to recruit,  train  and
 23    coordinate  volunteer  persons  to  serve  as  guardians  ad litem for abused,
 24    neglected or abandoned children.
 25        (q)  "Law enforcement agency" means a city police department,  the  prose-
 26    cuting  attorney  of any county, state law enforcement officers, or the office
 27    of a sheriff of any county.
 28        (r)  "Legal custody" means a relationship created by order of  the  court,
 29    which vests in a custodian the following duties and rights:
 30        (1)  To  have  physical custody and control of the child, and to determine
 31        where and with whom the child shall live.
 32        (2)  To supply the child  with  food,  clothing,  shelter  and  incidental
 33        necessities.
 34        (3)  To provide the child with care, education and discipline.
 35        (4)  To authorize ordinary medical, dental, psychiatric, psychological, or
 36        other remedial care and treatment for the child, including care and treat-
 37        ment  in a facility with a program of services for children; and to autho-
 38        rize surgery if the surgery is deemed by two (2)  physicians  licensed  to
 39        practice in this state to be necessary for the child.
 40        (5)  Where  the  parents  share legal custody, the custodian may be vested
 41        with the custody previously held by either or both parents.
 42        (s)  "Mental injury" means a substantial impairment in the intellectual or
 43    psychological ability of a child to function within a normal range of  perfor-
 44    mance and/or behavior, for short or long terms.
 45        (t)  "Neglected" means a child:
 46        (1)  Who is without proper parental care and control, or subsistence, edu-
 47        cation,  medical  or  other  care  or control necessary for his well-being
 48        because of the conduct or omission of his parents, guardian or other  cus-
 49        todian  or their neglect or refusal to provide them; provided, however, no
 50        child whose parent or guardian chooses for such child treatment by prayers
 51        through spiritual means alone in  lieu  of  medical  treatment,  shall  be
 52        deemed  for that reason alone to be neglected or lack parental care neces-
 53        sary for his health and well-being, but further provided  this  subsection
 54        shall not prevent the court from acting pursuant to section 16-1616, Idaho
 55        Code; or
  1        (2)  Whose  parents,  guardian  or other custodian are unable to discharge
  2        their responsibilities to and for the child because of incarceration, hos-
  3        pitalization, or other physical or mental incapacity; or
  4        (3)  Who, because of the conduct or omission of his parents,  guardian  or
  5        other  custodian,  is  present  in an environment where there is immediate
  6        danger to the child due to a violation of  chapter  27,  title  37,  Idaho
  7        Code; or
  8        (4)  Who has been placed for care or adoption in violation of law.
  9        (u)  "Protective  order"  means  an  order  created  by the court granting
 10    relief as delineated in section 39-6306, Idaho Code, and shall be for a period
 11    not to exceed three (3) months unless otherwise stated herein. Failure to com-
 12    ply with the order shall be a misdemeanor.
 13        (v)  "Protective supervision" means a legal status created by court  order
 14    in  neglect  and  abuse  cases whereby the child is permitted to remain in his
 15    home under supervision by the department.
 16        (w)  "Residual parental rights and responsibilities"  means  those  rights
 17    and  responsibilities  remaining  with the parents after the transfer of legal
 18    custody, including, but not necessarily limited to, the right  of  visitation,
 19    consent  to  adoption, the right to determine religious affiliation, the right
 20    to family counseling when beneficial, and the responsibility for support.
 21        (x)  "Shelter care" means places designated by the department  for  tempo-
 22    rary care of children pending court disposition or placement.
 23        SECTION  2.  That  Chapter  1,  Title  39, Idaho Code, be, and the same is
 24    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 25    ignated as Section 39-175, Idaho Code, and to read as follows:
 26        39-175.  EXPOSURE  OF INFANTS TO SUBSTANCE ABUSE. The department is hereby
 27    authorized to establish a work  group  comprised  of  representatives  of  the
 28    department,  practicing  physicians or health care providers in general family
 29    practice, pediatrics and obstetrics, social workers, alcohol and  drug  treat-
 30    ment providers, housing and urban development agencies, the department of cor-
 31    rections, the judiciary, legislators, prosecutors, and others deemed appropri-
 32    ate  by the department director to study the delivery system in Idaho for pro-
 33    viding care for substance abusing pregnant women or  substance  abusing  women
 34    with  children, and their at-risk children. Membership on the work group shall
 35    be representative of both public and private sector interests.
 36        The charge to the work group shall be interpreted broadly to include,  but
 37    not  be  limited  to: (1) a statewide survey of available community-based sub-
 38    stance abuse treatment services for parents including  pregnant  mothers;  (2)
 39    planning,  identification  of funding sources, and initial implementation of a
 40    perinatal substance abuse and environmental risk incidence study in Idaho; (3)
 41    establishment of the feasibility of the  expansion  of  existing  services  to
 42    achieve  a  continuum of community-based substance abuse treatment for parents
 43    and families; (4) the development and initial implementation of  a  comprehen-
 44    sive  response, referral, assessment, treatment and monitoring system; (5) the
 45    interagency  coordination  of  training,  cooperative  agreements,  management
 46    protocols and pooled funding; (6) the development and dissemination of  health
 47    care  professional  educational  materials related to parental substance abuse
 48    identification and management; (7) practice guidelines related to  confidenti-
 49    ality;  (8) research of the cost-benefit impact of early intervention; and (9)
 50    the publication of work group findings.
 51        The work group may make interim or progress reports  and  recommendations,
 52    and  shall report to the first regular session of the fifty-sixth Idaho legis-
 53    lature, findings and recommended legislation, if any. The group shall  make  a
  1    final  report of findings and recommendations to the second regular session of
  2    the fifty-sixth Idaho legislature which includes, but is not limited to,  rec-
  3    ommendations  addressing to the maximum extent possible the issues included in
  4    the initial charge to the group.
  5        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
  6    declared  to exist, Section 2 of this act shall be in full force and effect on
  7    and after its passage and approval; and Section 1 of this act shall be in full
  8    force and effect on and after July 1, 2001. Section 2 of  this  act  shall  be
  9    repealed,  null  and  void,  and  of no force and effect on and after June 30,
 10    2002.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
                      RS 09662C3 
     The purpose of this legislation is to amend the child protective act as it relates to the definition of
     abuse and neglect to clarify that the use of controlled substances by a pregnant mother and the
     presence of illegal controlled substances in a child's environment is dangerous to the health and
     safety of a child. This legislation also establishes a work group charged with determining the
     need, and resources available to substance abusing parents in communities throughout Idaho. The
     goal of this legislation is to begin the establishment of comprehensive community based services
     for substance abusive parents and afford additional protection to Idaho's vulnerable children. 
                    FISCAL IMPACT 
     Two full-time staff positions are necessary to support the workgroup established by this
     legislation. If this legislation is enacted, the Department of Health and Welfare will enter into a
     public/private sector agreement with Saint Alphonsus Regional Medical Center in Boise under
     which Saint Alphonsus will retain two full-time staff members to support the workgroup for one
     year (thus eliminating the need for state full-time positions). Seventy five thousand dollars
     ($75,000.00) in operating funds from the FY 2001 appropriation made to the Department of
     Health and Welfare will pay for one staff position with the other position being funded by Saint
     The two individuals filling these positions will: (1) conduct research on available services for drug
     abuse treatment programs for pregnant mothers who use illicit drugs or parents who use illicit
     drugs in the home with children; (2) develop a framework for a community based plan to provide
     for initial contact for such parents for assessment of substance abuse, treatment and mentoring;
     and (3) coordinate with the Department of Health and Welfare, service providers, law
     enforcement personnel, justice system personnel and the medical community to develop standard
     protocols to treat such parents.
                                             Name:          Rep. Margaret Henbest    Rep. Donna Boe
                                             Rep. Bev Montgomery Sen. Sheila Sorenson
               Phone:    208/332-1000
                                                  STATEMENT OF PURPOSE/FISCAL NOTE             H514