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Parental Drug Abuse Law by States
[url]http://www.childwelfare.gov/systemwide/laws_policies/statutes/drugexposed.pdf[/url]
Virginia
Va. Code Ann. 63.2-1509(B) (LexisNexis through 2008 Sp. Sess.)
For purposes of the reporting law, ‘’reason to suspect that a child is abused or neglected’’ shall include:
A finding made by an attending physician within 7 days of a child’s birth that the results of a blood or urine test • conducted within 48 hours of the birth of the child indicate the presence of a controlled substance not prescribed for the mother by a physician
A finding by an attending physician made within 48 hours of a child’s birth that the child was born dependent on • a controlled substance that was not prescribed by a physician for the mother and has demonstrated withdrawal symptoms
A diagnosis by an attending physician made within 7 days of a child’s birth that the child has an illness, disease, • or condition that, to a reasonable degree of medical certainty, is attributable to in utero exposure to a controlled substance that was not prescribed by a physician for the mother or the child
A diagnosis by an attending physician made within 7 days of a child’s birth that the child has fetal alcohol • syndrome attributable to in utero exposure to alcohol
When ‘’reason to suspect’’ is based upon this subsection, such fact shall be included in the report along with the facts relied upon by the person making the report.
Va. Code Ann. ǧ 18.2-248.02 (LexisNexis through 2008 Sp. Sess.)
Any person age 18 or older who maintains a custodial relationship over a child younger than age 18, including, but not limited to, a parent, stepparent, grandparent, stepgrandparent, or who stands in loco parentis with respect to such child, and who knowingly allows that child to be present in the same dwelling, apartment, unit of a hotel, shed, or vehicle during the manufacture or attempted manufacture of methamphetamine, as prohibited 18.2-248(C1), is guilty of a felony punishable by imprisonment for not less than 10 years nor more than 40 years. This penalty shall be in addition to and served consecutively with any other sentence.