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Virginia Regulatory Town Hall
Health and Human Resources
Department of Social Services
State Board of Social Services
Mandate 860

Mandate Information
Mandate Title:
In utero exposure to a controlled substance.
Purpose of legislation
Requires local departments of social services to collect information during a family assessment to determine whether the mother of a child who was exposed in utero to a controlled substance sought substance abuse counseling or treatment prior to the child's birth. The bill requires mandated reporters of suspected child abuse or neglect to make a report if a finding is made by a health care provider (i) within six weeks following a child's birth that the child was born affected by substance abuse or experiencing withdrawal symptoms resulting from in utero drug exposure; (ii) within four years following a child's birth that the child has an illness, disease, or condition that is attributable to maternal abuse of a controlled substance during pregnancy; or (iii) within four years following a child's birth that the child has a fetal alcohol spectrum disorder attributable to in utero exposure to alcohol. The bill provides that if a local department of social services receives a report or complaint of suspected child abuse or neglect on the basis of one or more of the aforementioned factors, the local department shall (a) conduct a family assessment, unless an investigation is required by law or is necessary to protect the safety of the child, and (b) develop a plan of safe care in accordance with federal law. The bill directs the State Board of Social Services to promulgate regulations to implement the provisions of the bill. This bill is identical to SB 1086.
Legislation mandating a change Chap 176 (2017)
Chap 428 (2017)
VAC chapters to be amended
22 vac 40 - 705 : Child Protective Services
Associated Regulatory Actions
Action 4888: Amend CPS Regulation to Implement 2017 and 2018 Legislation
Latest Stage: Final
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