Criminal Consequences When a Baby Tests Positive for Drugs

 Posted on August 21,2024 in Criminal Defense

When babies are born, the hospital runs several routine blood tests to monitor their general health. In the past, Illinois hospitals were legally required to report to the authorities if a baby tested positive for drugs. That often led to investigations and criminal charges. Advocates for getting mothers the help they need while focusing on the baby’s best interests have led to changes in the law. If you are concerned your baby might test positive for drugs and unsure of the legal implications, speak with a qualified Chicago, IL criminal defense attorney to learn more.

Illinois’s New Reporting Laws for Babies Testing Positive for Drugs

Illinois’ General Assembly recently passed a new law stating that hospitals are no longer required to report newborns who test positive for drugs to the police. These reports led to many investigations as well as charges of child abuse or neglect in the past. The new bill shifts the emphasis from automatic legal action to a more supportive approach.

While hospitals are no longer legally required to report a positive drug test, the new law does not mean you are entirely free from legal scrutiny. Although automatic reporting and charges are no longer the norm, the Department of Children and Family Services (DCFS) will still receive reports about positive drug tests. The difference is that instead of automatically reporting them to the police, DCFS will determine whether the baby’s safety or well-being is at risk and based on that, will decide whether to report it for legal action to be taken.

Child Protection Services when Babies Test Positive for Drugs

Even though automatic reporting is no longer required, child protection services can still be activated if the hospital believes the baby faces immediate risk. If DCFS or law enforcement believes that the baby is in danger or if there is evidence of serious neglect or harm, they could still pursue a case against you. This might involve child welfare hearings or other legal proceedings to ensure the baby’s safety. Charges can range from neglect to more serious accusations depending on the circumstances.

Resource for Parents of Babies who Test Positive for Drugs

The new law aims to support families by focusing on treatment rather than punishment. Healthcare providers are encouraged to offer resources such as substance abuse treatment programs and counseling. This support can help address the root causes of substance use and improve family situations.

Schedule a Free Consultation with a Cook County, IL Criminal Defense Attorney

With the new Illinois law ending mandatory reporting of positive drug tests for newborns, the focus has shifted towards providing support rather than immediate criminal charges. However, if concerns are raised about your baby’s safety or well-being you could still face legal consequences like a child welfare case or criminal charges. An experienced Chicago, IL criminal defense lawyer can guide you through the legal process and fight aggressively for your rights. Call Law Offices of James F. DiQuattro at 312-627-9482 to learn more.