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Re: child abuse reporting and pos tox
In CA as of 7/1/91 Penal Code 11165.13 "provides that a positive toxicology
test is not in and of itself a sufficient basis for reporting of child abuse
or neglect. Other factors indicating a risk to the child must be present. A
report based solely on a parent's inability to provide regular care for a
child due to substance abuse may be reported only to a child welfare agency
and not to law enforcement. A similar amendment to the penal code prohibits
cross reporting to law enforcement agencies by a county probation or welfare
department under these circumstances" (From California Juvenile Court
Practice - Con't Education of the Bar)
----- Original Message -----
From: "Jeanne Pietrzak" <pietrzak@uclink4.berkeley.edu>
To: "Child Maltreatment Researchers"
<CHILD-MALTREATMENT-RESEARCH-L@cornell.edu>
Sent: Monday, May 15, 2000 11:37 AM
Subject: Re:
Hi Rick,
Addressing Question # 1 below, I am aware of data from 1995 (Chavkin, et
al) that suggests that 8 states required mandatory reporting of positive
toxicology results to child protective services by law (versus 1 state in
1992) and almost 2/3 of the states described this to be actual practice.
See (Am J Public Health 1998; 88:117-119).
Jeanne Pietrzak
Nat'l. AIA Resource Center
School of Social Welfare
UC Berkeley
ph: (510) 643-7017
fax: (510) 643-7019
At 07:20 PM 05/13/2000 -0400, you wrote:
>I'm trying to identify states that:
>
>1. Are requiring that children tested positive for drugs/alcohol at birth
are
>reported to child welfare services
>
>2. Are providing dual track/family assessment services to their lower
threat
>(typically neglect) cases
>
>3. Any states that are doing both and whether they are referring the
drug-exposed
>chidlren and their families to the family assessment track and how that's
working.
>
>So, if anyone has a tip on recent reports that summarize the status of
state
>approaches to providing services to drug-exposed newborns OR has a tip on
reports
>that summarize the status of "dual track/family assessment track" systems,
I'd be
>much obliged to get that information
>
>And, if anyone has experience with #3 above, I'd be thrilled to hear from
them.
>
>Thank You,
>
>Rick Barth
>University of North Carolina
>School of Social Work
>
>Richard P. Barth, Ph.D.
>Frank A Daniels Professor
>Jordan Institute for Families
>School of Social Work
>301 Pittsboro Rd
>University of North Carolina
>Chapel Hill, NC 27599-3550
>(v) 919 962 6516
>(f) 962 1486
>