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VA SB36

VA SB36
Child abuse or neglect; prenatal use of a controlled substance or drug as prescribed.


summary

Introduced
11/19/2025
In Committee
11/19/2025
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Regular Session

Bill Summary

Child abuse or neglect; prenatal use of a controlled substance or drug as prescribed. Clarifies that a pregnant woman's prenatal use of a controlled substance or drug as prescribed by such woman's health care provider shall not solely be a reason to suspect that a child is abused or neglected.

AI Summary

This bill amends Virginia Code § 63.2-1509 to clarify that a pregnant woman's prenatal use of a controlled substance or drug that is prescribed by her healthcare provider cannot, by itself, be considered a reason to suspect child abuse or neglect. The bill addresses a specific provision in the existing law about reporting potential child abuse or neglect, particularly in cases involving substance exposure during pregnancy. Previously, the law allowed healthcare providers to report potential child abuse or neglect if an infant was born with substance-related medical conditions or if a child was diagnosed with conditions potentially linked to maternal substance use during pregnancy. The new provision ensures that when a pregnant woman is using a controlled substance or drug under a healthcare provider's prescription, this fact alone cannot trigger a child abuse or neglect report. This change aims to protect pregnant women who are following medical guidance and prevent unnecessary reporting that could stigmatize or unfairly target women seeking appropriate medical treatment during pregnancy.

Committee Categories

Justice

Sponsors (4)

Last Action

Stricken at request of Patron in Rehabilitation and Social Services (15-Y 0-N) (on 01/23/2026)

bill text


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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/SB36
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB36) https://lis.blob.core.windows.net/files/1085241.PDF
BillText https://lis.virginia.gov/bill-details/20261/SB36/text/SB36
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