Thus, under the plain language of the statute as C. W. argues, the administrative law judge found, and DFCS concedes a drug is a "controlled substance" as defined in OCGA 16-13-21 only if it is listed as such in both Georgia and federal schedules. WebDrug Testing: Notice and Procedural Rights for Employees. In 2018, Kentucky passed a law that amended the states child welfare laws to include a consideration of parental drug use during pregnancy, following reports of the skyrocketing number of children in the state born with NASfrom just 46 babies in 2001, to 1,115 babies in 2016. Child Welfare The superior court ruled that because THC was present in C. W.'s urine and B. W.'s meconium and there was evidence that C. W. consumed marijuana while pregnant, C. W. exposed B. W. to a controlled substance, THC (which is listed on both Georgia and federal schedules. See OCGA 16-13-25 (3) (P); 21 USC 812 Sch. "); OCGA 16-13-30 (a), (j) (separately addressing "any controlled substance" and "marijuana"). Newborn Drug Infants were categorized as no identified risk or at risk on the basis of an institutional risk assessment tool. Policies Affecting Pregnant Women with Substance Use Disorder Please try again. The penalties for marijuana possession are as follows: Possession of 1oz or less is a misdemeanor punishable with 1 year in prison and a fine of up to $1,000. Newborn Drug When a classified employee is dismissed from employment for refusing testing or for having a positive drug or alcohol test, any adverse action must comply with the provisions of State Personnel Board Rule 478-1-.26, Adverse Action for Classified Employees. We make every effort to keep our articles updated. C. W. petitioned for a hearing under OCGA 49-5-183 (c) to challenge the inclusion of her name on the child abuse registry. 2018 - 2023 Buckhead Family Law. Respond to Mothers Who Use Drugs During Pregnancy Current Projects. In this study, we performed universal drug testing of all newborns during a 5.5-month period to determine overall prevalence and compare rates of maternal drug use detected by universal versus risk-based testing. So there was no evidence on which the superior court could have based that finding.
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