Provides for testing of newborns for presence of alcohol and/or controlled substance, rehabilitation services for parents and rules of admissibility for such tests

Summary of specific provisions

This bill would:

- amend subdivision 2 of Section 422 of the SSL by requiring the Office of Children and Family Services of the Department of Social Services, upon receipt of a report from a physician who confirms, through the use of a gas chromatography with mass spectrometry test, that a newborn has tested positive for alcohol and/or a controlled substance, to investi- gate and provide drug rehabilitation services for the expectant mother or caretaker parent, upon demand;

- amend paragraph (a) of subdivision 5 of Section 409-a of the SSL to include substance abuse treatment and services to pregnant women or caretaker persons among the provision of preventive services;

- add a new subdivision 7 to Section 423 of the SSL authorizing the commissioner of the Office of Children and Family Services to issue grants to community-based not-for-profit organizations to create and enhance caregiver rehabilitation services to substance abusing pregnant women or a caretaker parent. This section also provides for intensive case management and monitoring of a substance-abusing parent or caretak- er;

- adds Section 2500-h of the PHL to require the Commissioner to estab- lish a comprehensive, but not a universal, program for screening and testing newborns for exposure to alcohol and/or controlled substances. The Commissioner is further required to establish a uniform hospital protocol to implement the program through departmental rules and regu- lations. The hospital protocol shall require a newborn to be tested for exposure to alcohol and/or controlled substances based upon medical symptoms, and prohibits socio-economic factors such as the expectant

mother's race, ethnicity, age, educational level, or profession to be considered. This Section also provides that the Office publish annually a report evaluating and detailing the effectiveness of the alcohol and drug screening and testing policy;

- add a new subdivision 23 to Section 206 of the PHL requiring the Commissioner of the Office of Children and Family Services to promulgate rules and regulations providing for the inspection and verification of any party performing analysis on testing samples;

- amend paragraph (vii) and (viii) of subdivision (a) of Section 1046 of the FCA and adds a new paragraph (ix) providing for the admissibility of a confirmed laboratory test which shows the usage of a controlled substance by, or the presence of a controlled substance in, a parent, child or other person; and

- add a new subdivision (g) to section 1051 of the FCA to authorize the referral of a parent or other person legally responsible for a child who tests positive for alcohol or drug abuse, to a drug treatment court, in certain cases.

Effects of present law which this bill would alter

This bill would amend sections of the Social Services Law, the Public Health Law, and the Family Court Act.

Justification

"It is a fact that drug abuse is prevalent in our society. Each day numbers of children are born exposed to a controlled substance, suffer from Fetal Alcohol Syndrome (FAS) or some other illness impairing their ability, due to their mother's drug and/or alcohol use during pregnancy. The intent of this legislation is to provide for a more comprehensive program for the testing of newborns and upon confirmation of a positive toxicology, investigate and provide appropriate services to their parents in order to ensure that these children have the chance to thrive."

Prior legislative history

2006: A7325 Referred to children and families 2005: A7325 Referred to children and families 1997: A.8271 (Green) - No Majority Vote; Died in Children and Families

Fiscal implications for state and local governments

Undetermined.

Effective date

This act shall take effect immediately.