If a parent is abusing substances around a child, do you need to report it?
As a mandated reporter, you may learn of a caregiver’s substance use around a child. From medical professionals who may treat a parent for substance use to volunteers who come into contact with kids in youth activities, sports, or camps, it’s possible you may hear stories from a child or see indicators that substance use is occurring in the home.
Discover your responsibilities for reporting suspected substance abuse around children, what are the situations where you need to step in, and how to file a report when a caregiver’s actions are putting a child at risk.
- Does substance use count as child abuse or neglect?
- Are substance-exposed newborns reportable?
- When is a child’s exposure to substance use reportable?
Substance Use Around a Child
Guidelines for what is reportable as child abuse and neglect vary from state to state. Caregiver substance abuse may be included in that definition of abuse, especially in the following circumstances:
- Exposure to substances prenatally
- Caregiver use of a controlled substance that impairs their ability to care for a child
- Exposing a child to illegal drug activity
- Manufacturing illegal drugs in the presence or home of a child
Substance-Exposed Newborns
The Federal Child Abuse Prevention and Treatment Act (CAPTA) requires states to operate programs relating to child abuse and neglect that include policies, procedures, and development of plans for safe care of an infant affected by substance use, withdrawal symptoms, or fetal alcohol syndrome.
In response to this requirement, many states require reporting of substance-exposed newborns.
The child abuse and neglect reporting laws in approximately 35 States, the District of Columbia, and the Penobscot Nation specifically require health-care providers to report when they treat infants who show evidence at birth of having been adversely affected by exposure to drugs, alcohol, or other controlled substances.
In 27 States, 5 Tribes, and the District of Columbia, prenatal exposure to controlled substances is considered reportable child abuse or neglect.
In 9 States — Illinois, Kentucky, Maryland, Minnesota, North Dakota, Oregon, Texas, Vermont, and Wisconsin — require mandated reporters to report when they suspect a pregnant woman is abusing substances.
In 12 States, an investigation of a substance-exposed newborn or prenatal substance exposure only occurs if there is an allegation of abuse and/or neglect of the infant or other children in the home.
Because the standards for reporting infants exposed to substances can vary from state to state, staying up-to-date on Mandated Reporter Training can help you understand the requirements for reporting in your state and role.
Children Exposed to Caregiver Substance Use
Caregiver substance use can have a negative impact on children when exposed to it. An estimated one in ten children live with a caregiver with a substance use disorder (SUD); the majority of these children are under the age of five. Studies of families with SUDs reveal patterns that significantly influence child development.
Caregiver substance use has been found to increase the risk of child abuse and neglect, but exposure to caregiver substance use does not necessarily always meet the legal standard for reporting.
Specific circumstances that are considered child abuse or neglect in some States include the following:
- Manufacturing a controlled substance in the presence of a child or on premises occupied by a child
- Exposing a child to or allowing a child to be present where chemicals or equipment for the manufacture of controlled substances are used or stored
- Selling, distributing, or giving drugs or alcohol to a child
- Using a controlled substance that impairs the caregiver’s ability to adequately care for the child
- Exposing a child to the criminal sale or distribution of drugs
Many States address the issue of exposing children to illegal drug activity in their criminal statutes. This can be considered a felony, depending on the state.
As with substance-exposed newborns, the standards for whether a child’s exposure to caregiver substance abuse is reportable can vary from state to state. If you are a mandated reporter, review your state child abuse reporting laws and stay current on mandated reporter training.
How to Report
Each state has its own legal requirements for how, when, and where to make a report. Your State’s Child Protective Services department is a good place to start when determining your reporting requirements. As a general rule of thumb, the following reporting guidelines apply:
When Should a Report be Made?
Reports typically must be made immediately, or as soon as practically possible. Most states require a phone report followed by a written report.
In some places, a mandated report may be made online or electronically.
Who Reports?
Any legally defined mandated reporter or permissive reporter (a person who is not legally required to report but elects to report when concerned about a child) should make a report when they suspect child abuse or neglect.
When two or more mandated reporters are aware of suspected child abuse or neglect, a single report may be made by a selected member of the reporting team. Any reporting team member who knows that the designated person has failed to report must do so themselves.
Penalties for Failing to Report
In many states, failing to report suspected child abuse or neglect, including substance abuse involving children, can be a crime.
The role of a mandated reporter is pivotal in protecting children from abuse and neglect, especially in cases related to parental substance abuse. The regulations may differ across states, but the principle remains the same: if there is reasonable suspicion that a child has been exposed to such harm, it must be reported.
