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California Penal Code Section 11165.13

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 11165.13

For purposes of this article, a positive toxicology
screen at the time of the delivery of an infant is not in and of
itself a sufficient basis for reporting child abuse or neglect.
However, any indication of maternal substance abuse shall lead to an
assessment of the needs of the mother and child pursuant to Section
123605 of the Health and Safety Code.  If other factors are present
that indicate risk to a child, then a report shall be made.  However,
a report based on risk to a child which relates solely to the
inability of the parent to provide the child with regular care due to
the parent's substance abuse shall be made only to a county welfare
or probation department, and not to a law enforcement agency.

Last modified: January 12, 2009