Testing of newborns.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0561

HOUSE BILL
NO.
HB0266

Testing of newborns.

Sponsored by:
Representative(s) Gilmore, Harshman, Meyer and Walsh and Senator(s)
Jennings
, Perkins, Scott and Sessions

A BILL

for

AN ACT relating to children; providing for testing of newborns to screen for specified controlled substances; providing for temporary custody of newborns testing positive for specified controlled substances; providing for temporary protective orders for newborns testing positive for specified controlled substances; and providing for an effective date.

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

Section 1.

W.S. 35
‑
2
‑
122 is created to read:

35
‑
2
‑
122.

Neonatal blood testing.

(a)

Neonatal blood testing for controlled substances listed in Schedule II, III, IV and V of the
Wyoming
controlled substance act, W.S.
35
‑
7
‑
1001 through 35
‑
7
‑
1060
, shall be provided, at the regularly established charges of the hospital, for every child born at any hospital licensed in the state of
Wyoming
. The blood draw shall be done in conjunction with the medical examination of newborns provided pursuant to W.S. 35
‑
4
‑
801.

(b)

Neither the results of the blood testing nor any evidence obtained as a consequence of the testing required under subsection (a) of this section shall be used in any criminal proceeding against the parents of the child, but may be used to support a finding
that there is reasonable cause to believe an imminent danger to the child's life, health or safety exists unless the child is taken into temporary protective custody under W.S. 14
‑
3
‑
405.

Section 2.

W.S. 14
‑
3
‑
405(b) and (c)(intro) is amended to read:

14
‑
3
‑
405.

Taking of child into custody; when permitted.

(b)

A child may be taken into temporary protective custody by a physician, physician's assistant or nurse practitioner without a warrant or court order and without the consent of the parents, guardians or others exercising temporary or permanent control over the child when the physician, physician's assistant or nurse practitioner treating the child, or a hospital in which the child is being treated, finds that there is reasonable cause to believe an imminent danger to the child's life, health or safety exists unless the child is taken into protective custody
, including the detection of specified controlled substances in the blood of a newborn child as provided in W.S. 35
‑
2
‑
122 which indicate substance abuse by the mother as defined in W.S. 35
‑
1
‑
613(a)(viii)
, whether or not additional medical treatment is required, and there is not time to apply for a court order.

(c)

A district attorney may file an emergency petition, or the department of family services, a local law enforcement officer, an administrator of a hospital in which a child reasonably believed to have been abused or neglected is being treated, or any physician, physician's assistant or nurse practitioner who treated the child may request the court for a protective order. After considering the emergency petition or request, the judge or commissioner, upon finding that there is reasonable cause to believe that a child has been abused or neglected
, or that there is reasonable cause to believe an imminent danger to the child's life, health or safety exists unless the child is taken into temporary protective custody
and that the child, by continuing in his place of residence or in the care and custody of the person responsible for his health, safety and welfare, would be in imminent danger of his life, health or safety, may:

Section 3.

This act is effective July 1, 2007.

(END)

1
HB0266