Methamphetamine-endangering children before birth.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0197

HOUSE BILL
NO.
HB0087

Methamphetamine-endangering children before birth.

Sponsored by:
Representative(s) Harvey, Gingery, Hastert, Osborn, Pedersen and White and Senator(s)
Anderson
, J., Barrasso and
Jennings

A BILL

for

AN ACT relating to children; providing that criminal child endangerment includes prenatal exposure to methamphetamine, as specified; amending the definition of "child" for purposes of child protective services to include newborns exposed to methamphetamine prenatally; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 6
‑
4
‑
405 by creating a new subsection (d) and
14
‑
3
‑
202(a)(iii) are
amended to read:

6
‑
4
‑
405.

Endangering children; controlled substances; penalty.

(d)

For purposes of paragraph (a)(i) of this section, "child" includes a newly born child exposed to methamphetamine before birth, as established by any evidence, including but not limited to the following:

(i)

Signs and symptoms consistent with methamphetamine exposure, including withdrawal, in the child or mother;

(ii)

Medical documentation of signs and symptoms consistent with methamphetamine exposure in the child at birth;

(iii)

Results of a confirmed toxicology test for methamphetamine performed at birth on the mother, the child, the placenta, mucosa or the umbilical cord;

(iv)

Medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to methamphetamine; or

(v)

A statement by an individual with personal knowledge that the mother ingested methamphetamine while pregnant with the child.

14
‑
3
‑
202.

Definitions.

(a)

As used in W.S. 14
‑
3
‑
201 through 14
‑
3
‑
216:

(iii)

"Child" means
:

(A)

A
ny person under the age of eighteen (18)
;
.

and

(B)

For purposes of paragraph (a)(ii) of this section, includes a newly born child exposed to methamphetamine before birth, as established by any evidence, including but not limited to the following:

(I)

Signs and symptoms consistent with methamphetamine exposure, including withdrawal, in the child or mother;

(II)

Medical documentation of signs and symptoms consistent with methamphetamine exposure in the child at birth;

(III)

Results of a confirmed toxicology test for methamphetamine performed at birth on the mother, the child, the placenta, mucosa or the umbilical cord;

(IV)

Medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to methamphetamine; or

(V)

A statement by an individual with personal knowledge that the mother ingested methamphetamine while pregnant with the child
.

Section 3.

This act is effective July 1, 2006.

(END)

1
HB0087