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IN SB0330
Bill
AI Summary
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Adds neonatal abstinence syndrome (NAS) diagnosis at birth as a new ground for filing a petition to terminate parental rights for a delinquent child or child in need of services
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Allows parents or petitioners to file a motion to dismiss termination petitions based on NAS diagnosis if the syndrome resulted from medical treatment during delivery or from a valid prescription the mother adhered to in good faith
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Permits dismissal of termination petitions if the birth mother enrolls in substance abuse treatment within 90 days of birth, receives postnatal care, and maintains substantial compliance with the treatment program
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Requires courts to dismiss termination petitions if any of the protective factors are proven by a preponderance of the evidence, rather than the clear and convincing standard used for termination
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Effective date: July 1, 2019
Legislative Description
Infant born with neonatal abstinence syndrome. Allows the filing of a petition to terminate the parent-child relationship involving a delinquent child or a child in need of services if, in part, the child has been diagnosed with neonatal abstinence syndrome at birth. Allows the filing of a motion to dismiss a petition to terminate the parent-child relationship on the basis of a neonatal abstinence syndrome diagnosis if: (1) the diagnosis is due to medical treatment administered during delivery; (2) the diagnosis is due to a valid prescription held and adhered to by the mother; or (3) the mother, within 90 days of the child's birth, enrolls in a substance abuse treatment or recovery program, receives a postnatal care regimen, and maintains compliance with the program and regimen.
Last Action
First reading: referred to Committee on Family and Children Services
1/7/2019