S-4818

AN ACT Relating to mothers who have given birth to a child with drug addiction; adding new sections to chapter 13.34 RCW; adding new sections to chapter 70.96A RCW; creating new sections; providing an effective date; and providing expiration dates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that all children have the right to be born healthy and free of the consequences of the nonprescription use of controlled substances by the mother during pregnancy. Individuals who have a drug addiction are unable to make reasoned decisions that help ensure the birth of a healthy infant. The availability of long-term pharmaceutical birth control, when combined with other treatment regimens, may allow women to regain control of their lives and make long-term decisions in the best interest of themselves and their children. The legislature further finds that a third or subsequent drug-affected infant being born to the same mother means it may be unreasonable to attempt to continue efforts to reunify the family and that all reasonable reunification efforts that have previously been made have proven futile and there is no likelihood that future efforts will produce a different outcome.

NEW SECTION. Sec. 2. A new section is added to chapter 13.34 RCW to read as follows:

(1) A physician licensed under chapter 18.71 RCW primarily responsible for the supervision of the birth of an infant, or a hospital administrator, who has reasonable cause to believe an infant has been exposed to nonprescription use of controlled substances shall: (a) Conduct appropriate tests to determine whether the infant is drug-affected; (b) notify the department of the name and address of the parents of an infant who is drug-affected; and (c) retain the infant in the birthing facility for medical treatment or place the infant in an appropriate pediatric care facility with the concurrence of the department for sufficient time for the infant to undergo withdrawal from the affects of the controlled substances. The withdrawal shall be under the supervision of appropriate medical professionals.

(2) The physician shall, as soon as practical, inform the mother of a drug-affected infant of: (a) Her right to publicly funded tubal ligation surgery as provided under section 13 of this act; (b) available drug treatment and counseling; and (c) birth control counseling and education. The mother may accept the offer of a tubal ligation up to six months following its tender.

(3) This section expires June 30, 2001.

NEW SECTION. Sec. 3. A new section is added to chapter 13.34 RCW to read as follows:

(1) The department, upon receipt of a report under section 2 of this act, shall investigate and, in appropriate cases, file a dependency petition. In the event the department does not file a petition, it shall refer the mother to available chemical dependency treatment programs or a pilot project.

(2) The department and the mother may enter an agreement in which the mother agrees to chemical dependency treatment on an inpatient or outpatient basis or be referred to a pilot project created under section 10 of this act.

(3) If the department and mother enter an agreement under subsection (2) of this section, the department shall, if a dependency petition has been filed, request the court to defer the entry of an order of dependency for as long as the mother remains in treatment or enrolled in the pilot project, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment or enrollment in a pilot project and prohibit nonprescription use of controlled substances. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.

(4) This section expires June 30, 2001.

NEW SECTION. Sec. 4. A new section is added to chapter 13.34 RCW to read as follows:

(1) If the department receives a report under section 2 of this act of a mother who has given birth to a second drug-affected infant, the department:

(a) May request the court to proceed immediately with the entry of a dependency for the first drug-affected infant; and

(b) Shall investigate and, unless there are compelling reasons to the contrary, file a dependency petition on the second drug-affected infant. If the department does not file a petition, it shall refer the woman to available chemical dependency treatment programs or a pilot project.

(2) The department and the mother may enter an agreement in which the mother agrees to: (a) Enter chemical dependency inpatient treatment or a pilot project, together with an aftercare program that includes participation in a pilot project when feasible; and (b) medically appropriate pharmaceutical pregnancy prevention, such as Norplant or depo-provera, that is administered not less than once every thirty days. The selection of the pregnancy prevention method shall be based on an evaluation of the medical and physical consequences to the mother and shall remain in effect until the dependency petition is dismissed or the court determines it is no longer medically appropriate.

(3) If the department and the mother enter an agreement under subsection (2) of this section, the department shall request the court to defer the entry of an order of dependency on the second drug-affected infant for as long as the mother remains in treatment or enrolled in the pilot project, subject to the department's monitoring for compliance. As a condition of deferral of the order of dependency, the parents, if both are available and known, shall stipulate to facts sufficient to constitute a dependency and the court shall order treatment or enrollment in a pilot project and prohibit nonprescription use of controlled substances. In the event that an available parent unreasonably refuses to stipulate to facts constituting a dependency, the court may proceed with the hearing on the petition.

(4) This section expires June 30, 2001.

NEW SECTION. Sec. 5. A new section is added to chapter 13.34 RCW to read as follows:

(1) The department may request the court to dismiss the petition deferred under section 3 or 4 of this act at any time. No petition may be vacated or dismissed unless the mother demonstrates by clear and convincing evidence that she has not used controlled substances in a nonprescription manner for at least thirty-six consecutive months and can safely provide for the child's welfare without continuing supervision by the department or court.