In New Hampshire Parental Drug Use is NOT Considered Child Abuse or Neglect

Parental Drug Use as Child Abuse

New Link: https://www.childwelfare.gov/pubPDFs/drugexposed.pdf#page=2&view=Prenatal Drug Exposure

Below I've posted the Summary of State Law's from the Child Welfare Gateway pertaining to Parental Drug Use As Abuse for ALL States.
By reading this summary, you will find New Hampshire does NOT define PRENATAL DRUG EXPOSURE as abuse and neglect.
You will also find New Hampshire does NOT define Using a controlled substance that impairs the caregiver's ability to adequately care for the child as child abuse or neglect.
I have just recently been made aware of a new mother in Nashua who has been injecting Heroin while her almost newborn child lies next to her, yet Nashua DCYF states NH RSA's have to be followed. That using drug's around a child is NOT considered abuse or neglect.
Is Nashua DCYF finally following the rules since their again failed Statewide Assessment of July 2010 was released? Are they finally following the rules because a few New Hampshire parent's and grandparent's are standing up to the fraud and deceitful practices used in the illegal kidnapping of so many of NH's children from innocent parent's and grandparent's?
If you have followed my blog, I'm sure you are aware my newborn granddaughter was stolen by Nashua DCYF due to morphine given to her mother in labor which spilled into her system. The Nashua CPSW testified in Probate Court she was unaware my daughter was given morphine in labor. A full investigation was never done, yet DCYF was allowed by the court to steal my granddaughter. I guess back in 2005, the spotlight was not yet on NH DCYF and the NH judicial system, but it sure is now.
Why was my granddaughter stolen while another Nashua mother shoot's up next to her baby? Is it because my fight has made Nashua DCYF finally follow their Administrative Rules?
Why was my granddaughter allowed to be placed in foster care and NOT with her family?
Why did Judge Patten agree with DCYF that my daughter was guilty of abuse and neglect for prenatal drug exposure(Morphine), after he himself asked the DCYF Lawyer how she could have abused or neglected her baby when she didn't even take her home from the hospital? The DCYF Lawyer's response,"Neglect in the future. We believe she'll neglect her in the future." Judge Patten agreed. We were still not allowed custody because our daughter lived with us, yet a mother living alone with her baby can use drug's in the baby's presence and DCYF does nothing.
My grandson Austin was removed from my home because his Aunt (same daughter) lived with us. DCYF's reasoning, she was using drug's in my home. That's an odd statement considering my daughter was being randomly drug tested by her Nashua CPSW Kris Geno and all her drug test's were clean.
Both grandchildren, Austin and Isabella have been illegally adopted, because Nashua DCYF got away with NOT following Administrative Rules and the State of NH would do nothing to hold them accountable for their deceitful and fraudulent practices.
Knowing the laws in this state pertaining to drug abuse, shouldn't the state of NH rectify this situation and return my grandchildren due to the fraud practiced by DCYF and the court's? I think so!


Parental Drug Use as Child Abuse: Summary of State Laws


Series: State Statutes
Author(s): Child Welfare Information Gateway
Year Published: 2009
Current Through May 2009

You may wish to review this introductory text to better understand the information contained in your State's statute. To see how your State addresses this issue, visit the State Statutes Search.

Abuse of drugs or alcohol by parents and other caregivers can have negative effects on the health, safety, and well-being of children. Approximately 47 States, the District of Columbia, Guam, and the U.S Virgin Islands have laws within their child protection statutes that address the issue of substance abuse by parents.1 Two areas of concern are the harm caused by prenatal drug exposure and the harm caused to children of any age by exposure to illegal drug activity in their homes or environment.

Prenatal Drug Exposure

The Child Abuse Prevention and Treatment Act (CAPTA) requires States to have policies and procedures in place to notify child protective services (CPS) agencies of substance-exposed newborns (SENs) and to establish a plan of safe care for newborns identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.2 Several States currently address this requirement in their statutes. Approximately 16 States and the District of Columbia have specific reporting procedures for infants who show evidence at birth of having been exposed to drugs, alcohol, or other controlled substances;
12 States and the District of Columbia include this type of exposure in their definitions of child abuse or neglect.3-See # 3 below

Some States specify in their statutes the response the CPS agency must make to reports of SENs. Hawaii and Maine require the State agency to develop a plan of safe care for the infant. California, Maryland, Minnesota, Missouri, Nevada, and the District of Columbia require the agency to complete an assessment of needs for the infant and for the infant's family and make a referral to appropriate services. Illinois and Minnesota require mandated reporters to report when they suspect that pregnant women are substance abusers so that the women can be referred for treatment.

Children Exposed to Illegal Drug Activity

There is increasing concern about the negative effects on children when parents or other members of their households abuse alcohol or drugs or engage in other illegal drug-related activity, such as the manufacture of methamphetamines in home-based laboratories. Many States have responded to this problem by expanding the civil definition of child abuse or neglect to include this concern. Specific circumstances that are considered child abuse or neglect in some States include:

Manufacturing a controlled substance in the presence of a child or on premises occupied by a child4

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 5

Selling, distributing, or giving drugs or alcohol to a child 6

Using a controlled substance that impairs the caregiver's ability to adequately care for the child 7-See #7 below

Exposing a child to the criminal sale or distribution of drugs 8

Approximately 25 States and the U.S. Virgin Islands address in their criminal statutes the issue of exposing children to illegal drug activity.9 For example, in 14 States the manufacture or possession of methamphetamine in the presence of a child is a felony,10 and in four States, the manufacture or possession of any controlled substance in the presence of a child is considered a felony.11 California, Mississippi, Montana, North Carolina, Ohio, and Washington State have enacted enhanced penalties for any conviction for the manufacture of methamphetamine when a child was on the premises where the crime occurred.

Exposing children to the manufacture, possession, or distribution of illegal drugs is considered child endangerment in seven States.12 The exposure of a child to drugs or drug paraphernalia is a crime in North Dakota, Utah, and the Virgin Islands. In North Carolina and Wyoming, selling or giving an illegal drug to a child by any person is a felony.

To see how your State addresses this issue, visit the State Statutes Search.

To find information on all of the States and territories, view the complete printable PDF, Parental Drug Use as Child Abuse: Summary of State Laws (PDF - 324 KB).

1 The word approximately is used to stress the fact that States frequently amend their laws. This information is current through May 2009. The statutes in American Samoa, Connecticut, New Jersey, Northern Mariana Islands, Puerto Rico, and Vermont do not currently address the issue of children exposed to illegal drug activity. back

2 42 U.S.C. 5101 et seq., as amended by the Keeping Children and Families Safe Act of 2003 (P.L. 108-36). For more information on these issues, as well as training resources and technical assistance, visit the website of the National Center on Substance Abuse and Child Welfare. back

3 Arizona, California, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, Oklahoma, Texas, and Utah have enacted specific reporting procedures for drug-exposed infants. Arkansas, Colorado, Florida, Illinois, Indiana, Minnesota, North Dakota, South Carolina, South Dakota, Texas, Virginia, and Wisconsin include exposure of infants to drugs in their definitions of child abuse or neglect. back New Hampshire is NOT one of the States thatinclude this type of exposure in their definitions of child abuse or neglect.

4 Colorado, Illinois, Indiana, Iowa, Montana, New Mexico, Oregon, South Dakota, Tennessee, Washington, Wisconsin, and the District of Columbia. back

5 Arizona, Arkansas, Iowa, New Mexico, North Dakota, and Oregon. back

6 Arkansas, Florida, Hawaii, Illinois, Iowa, Minnesota, Texas, and Guam. back

7 Iowa, Kentucky, Minnesota, New York, Rhode Island, and Texas. back New Hampshire is NOT one of these states.

8 Montana, South Dakota, Virginia, and the District of Columbia. back

9 Alabama, Alaska, California, Delaware, Georgia, Idaho, Illinois, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, Utah, Virginia, Washington, West Virginia, and Wyoming currently address the issue in their criminal statutes. back

10 Georgia, Illinois, Iowa, Kansas, Louisiana, Montana, Nebraska, New Hampshire, Pennsylvania, South Carolina, Virginia, Washington, West Virginia, and Wyoming. back

11 Alabama, Idaho, Louisiana, and Ohio. back

12 Alaska, Delaware, Illinois, Iowa, Kansas, Missouri, and Montana. back
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.