Methamphetamine-endangering children before birth.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0066.E1

HOUSE BILL
NO.
HB0068

Methamphetamine-endangering children before birth.

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

A BILL

for

AN ACT relating to children; amending the definition of "abuse" as specified; requiring drug courts, juvenile courts and state-supported treatment facilities to give priority to pregnant women and persons alleged to have abused children by prenatal exposure to methamphetamine; and providing for an effective date.

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

Section 1.

W.S. 5
‑
10
‑
107 by creating a new subsection (d), 9
‑
2
‑
2701(b),
14
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3
‑
202(a)(ii)
(D)
and 14
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3
‑
429(d)(ii) are
amended to read:

5
‑
10
‑
107.

Conditions for admission to a drug court program.

(d)

Each drug court shall give priority in referral, hearing and determination to persons alleged to have abused a child as provided in W.S. 14
‑
3
‑
202(a)(ii)(D)(I) through (III).

9
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2
‑
2701.

Substance abuse control plan.

(b)

The department of health shall, in consultation with the department of education, department of family services, department of workforce services and department of corrections adopt rules and regulations establishing standards for the effective treatment and prevention of substance abuse. The rules shall be adopted by December 31, 2002, and shall include standards for providers, programs and facilities. The rules shall include procedures for data collection and analysis, protocols for testing and methods of measuring outcomes. The rules shall require the use of best practices, establish the means for determining priorities for treatment and prevention services, set standards for managing wait lists of patients and establish standards for cross training and continuing education of personnel. The rules shall specify certification requirements for programs, providers and facilities. The rules and regulations shall establish a process for denying continued funding for programs or providers who fail to comply with certification requirements established under this section.
The rules shall provide that state-supported treatment centers shall give referral and scheduling priority to the treatment of pregnant women and persons alleged to have abused a child as provided in W.S. 14
‑
3
‑
202(a)(ii)(D)(I) through (III).

The rules and regulations establishing standards for treatment programs in state correctional facilities and the secure facilities authorized under W.S. 9
‑
2
‑
2704 shall be promulgated by the department of corrections, in consultation with the department of health, department of education, department of family services and department of workforce services no later than December 31, 2002. Rules and regulations establishing standards for those programs reviewed pursuant to W.S. 9
‑
2
‑
2705 shall be adopted no later than July 1, 2004.

14
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3
‑
202.

Definitions.

(a)

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

(ii)

"Abuse" means inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment, unless the abandonment is a relinquishment substantially in accordance with W.S. 14
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11
‑
101 through 14
‑
11
‑
109, excessive or unreasonable corporal punishment, malnutrition or substantial risk thereof by reason of intentional or unintentional neglect, and the commission or allowing the commission of a sexual offense against a child as defined by law:

(D)

"Imminent danger" includes threatened harm and means a statement, overt act, condition or status which represents an immediate and substantial risk of sexual abuse or physical or mental injury
,
.

and includes prenatal exposure to methamphetamine, as evidenced by:

(I)

Withdrawal symptoms in the child at birth;

(II)

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

(III)

Results of a confirmed toxicology test for methamphetamine performed at birth on the mother, the child, the placenta, mucosa, the newborn's meconium or the umbilical cord.

14
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3
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429.

Decree where child adjudged neglected; dispositions; terms and conditions; legal custody.

(d)

As a part of any order of disposition and the terms and conditions thereof, the court may:

(ii)

Order the child, or his parents, or both, to undergo evaluation and indicated treatment or another program designed to address problems which contributed to the adjudication
, including any adjudication with respect to a neglected child who has been abused as provided in W.S. 14
‑
3
‑
202(a)(ii)(D)(I) through (III)
. A parent who willfully violates or neglects or refuses to comply with any order of the court may be found in contempt and punished as provided by W.S. 14
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3
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438;

Section 2.

The department of health shall adopt rules and regulations by December 31, 2007 implementing the provisions of this act.

Section 3.

This act is effective July 1, 2007.

(END)

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HB0068