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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
H0514
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 514
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO EXPOSURE OF INFANTS TO SUBSTANCE ABUSE; AMENDING SECTION 16-1602,
3 IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE TECHNICAL CORRECTIONS;
4 AMENDING CHAPTER 1, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
5 39-175, IDAHO CODE, TO AUTHORIZE A WORK GROUP TO ADDRESS EXPOSURE OF
6 INFANTS TO SUBSTANCE ABUSE, TO ASSESS NEEDS, TO CONSIDER NECESSARY PRO-
7 GRAMS AND TO REQUIRE REPORTS AND RECOMMENDATIONS; DECLARING AN EMERGENCY,
8 PROVIDING EFFECTIVE DATES AND PROVIDING SUNSET OF PROVISIONS.
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.
2
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
3
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
4
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
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
Alphonsus.
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.
Contact
Name: Rep. Margaret Henbest Rep. Donna Boe
Rep. Bev Montgomery Sen. Sheila Sorenson
Phone: 208/332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H514