Jan 11, 2009

HB 1115 - Controlled Substances and Children

SYNOPSIS: Controlled substances and children. Requires the department of child services (DCS) to notify the appropriate prosecuting attorney concerning the birth of a child who is born with fetal alcohol syndrome or with a controlled substance or legend drug in the child's body. Requires a law enforcement agency to inform a local office of the DCS when the law enforcement agency arrests a person for any of the crimes the conviction of which renders the offender a "sex or violent offender". Provides that a woman who knowingly or intentionally consumes a controlled substance or a legend drug while knowing she is pregnant commits a Class D felony if the woman's pregnancy results in the birth of a child and the body of the child contains any amount, including a trace amount, of a controlled substance or legend drug.

OPPOSE: Pardon the knee-jerk reaction any proposed legislation that begins with requiring the Department of Child Services (DSC) become involved. In this case, involvement begins at birth and includes a Class D felony for what is characterized as "any amount, including a trace amount" of a controlled substance. If legislators truly want to reform our healthcare system, they'll certainly not look to making DCS a more intrusive partner and concentrate on making efforts to remove government from the process.

STATUS: Authored by Rep. Cheatham, referred to Committee on Rules and Legislative Procedures.

1 comment:

Patriot Paul said...

The measure will never fly in its present form. there are two separate issues. one is knowledge; simply notifying an agency with information. the other issue is making something criminal. I support certain attempts such as protecting the child from abuse.

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