Referrals to Child Protective
Services Regarding Substance
Exposed Infants
Bradley J. Wentz, MSW
Child Protective Services Supervisor
Charlottesville Department of Social Services
10/28/10
Mandated Reporting of Child Abuse
VA Code § 63.2-1509.
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“..in their professional or official capacity, have reason to suspect
that a child is an abused or neglected child, shall report the
matter immediately to the local department of the county or city
wherein the child resides or wherein the abuse or neglect is
believed to have occurred or to the Department's toll-free child
abuse and neglect hotline.”
All persons required by this subsection to report suspected
abuse or neglect who maintain a record of a child who is the
subject of such a report shall cooperate with the investigating
agency and shall make related information, records and reports
available to the investigating agency unless such disclosure
violates the federal Family Educational Rights and Privacy Act
(20 U.S.C. § 1232g).
Child Protective Services and Identification of
Prenatal Substance Exposure
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A blood or urine test of the infant or mother conducted within 48
hours of the infant’s birth indicates the presence of a controlled
substance. A physician must not have prescribed the controlled
substance for the mother. The findings of the blood or urine test
must be made within seven days of the child’s birth.
Within 48 hours of the infant’s birth, the attending physician finds
that the infant was born dependent on a controlled substance and
demonstrated withdrawal symptoms. A physician must not have
prescribed the controlled substance for the mother.
Within seven days of the infant’s birth, the attending physician
diagnoses the child as having an illness, disease or condition which,
to a reasonable degree of medical certainty, is attributable to in utero
exposure to a controlled substance. A physician must not have
prescribed the controlled substance for the mother or the child.
Within seven days of the child’s birth, the attending physician makes
the diagnosis that the child has fetal alcohol syndrome attributable to
in utero exposure to alcohol.
Child Protective Services Response –
Family Assessment
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CPS Investigation
 Incident focused
 Determine if incident occurred before services recommended
 Appropriate for Court Involvement/Police partnerships
+70% of reports to CPS are for NEGLECT
 Approach centers around service planning and support
 Not incident related – Needs global assessment of patterns
CPS Family Assessment
 Still a valid case for Child Abuse (Physical Abuse, Physical
Neglect, Mental Abuse/Neglect, Medical Abuse Neglect, and/or
Sexual Abuse)
 Still has to complete immediate assessment of safety and assess
the level or risk to the child
 Instead of producing a finding of guilt (Founded/Unfounded)
Family Assessment creates a Service Plan
Family Assessment and Prenatal Substance
Exposure
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VA law does not provide that prenatal substance
exposure as the basis for a removal
CPS is positioned to assess the risk factors to the
child and safety planning for all contributing risk
factors- Policy Requires a Family Assessment to be
completed.
Work cooperatively with Project LINK to ensure an
offering of services regarding a parent’s substance
use. Contributes or is a deficit for child safety
Further service planning to elements outside of
parental substance use in order to protect child
Reporting Child Abuse
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Contact the Department of Social Services where either the child
lives, or where the incident occurred, or the State Hotline
 City of Charlottesville- (434) 970-3400
 Albemarle County- (434) 972-4010
 Greene County- (434) 985-5246
 Fluvanna County- (434) 842-8221
 VA State Child Abuse Hotline (800) 552-7096
CPS will need
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Description of why you suspect abuse, especially any harm or risk of
harm to the child
The child’s current location and status
Demographic information for everyone in the home or where the abuse
took place
Contact information for you/Anonymous Reporting
CPS Immediate Response – Validity and Referrals