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Virginia
Va. Code Ann. 63.2-1509(B) (LexisNexis through 2008 Sp. Sess.)
For purposes of the reporting law, Ǒreason to suspect that a child is abused or neglectedҒ shall include:
QUOTE]
This only pretains to mandated reporters and when they must report substance exposed newborns to CPS.
This is the statue regarding Child Abuse
ҧ 63.2-100. (Effective until July 1, 2013) Definitions.
As used in this title, unless the context requires a different meaning:
"Abused or neglected child" means any child less than 18 years of age:
1. Whose parents or other person responsible for his care creates or inflicts, threatens to create or inflict, or allows to be created or inflicted upon such child a physical or mental injury by other than accidental means, or creates a substantial risk of death, disfigurement, or impairment of bodily or mental functions, including but not limited to, a child who is with his parent or other person responsible for his care either (i) during the manufacture or attempted manufacture of a Schedule I or II controlled substance, or (ii) during the unlawful sale of such substance by that child's parents or other person responsible for his care, where such manufacture, or attempted manufacture or unlawful sale would constitute a felony violation of 18.2-248;
This statue does not specify when a child is considered a child. I am assuming in VA an unborn fetus is not considered a child but a part of the mother's own body.
OhioFosterMom - I understand the benefits of methadone for pregnant users but I do not agree with it as a form of recovery or treament for the addiction.
My cousin is no longer pregnant so why should she get to continue consuming her drugs while her infant son suffers withdrawals.
My cousin's baby was tested because she admitted prior drug use and told her doctor she was on methadone - at her first prenatal appt 6 weeks before her due date. She knew her son would be tested for drugs and still thought it was okay to use cocaine...and apparently it is since she gets to take her baby home.
Last update on November 10, 10:02 am by Sachin Gupta.