Kentucky

Section 1. KRS Chapter 222 is created to read as follows: It is the intent of the General Assembly to encourage the availability of alcohol and drug treatment programs for pregnant and post-partum women across the state and to encourage medical professionals, courts, child welfare employees, and other individuals in contact with pregnant and post-partum women to refer pregnant and post-partum women with alcohol or drug abuse problems to appropriate treatment programs.

Section 2. KRS 222.037 is amended to read as follows: The cabinet for Health and Family Services may establish pilot projects to treat pregnant and post-partum women for alcohol and drug abuse. Pilot projects may be specifically designed to treat women guilty of alcohol or controlled substance endangerment of a child prior to birth.

SECTION 3. KRS Chapter 222 is created to read as follows:...establishes the crime of alcohol or controlled substance endangerment of a child prior to birth as a Class B misdemeanor for a first offense and a Class A misdemeanor for a second or subsequent offense. A woman is guilty of the crime when, knowing she is pregnant, she causes her child to be born with: a controlled substance in its body not prescribed to the mother, a controlled substance in its body prescribed to the mother but taken in an amount in excess of the lawfully prescribed amount, a dangerous level of alcohol in its body, clear symptoms of withdrawal from a controlled substance or alcohol, or a health problem directly resulting from the pregnant mother’s abuse of a controlled substance or alcohol.

The General Assembly finds and declares that the goals for public health as expressed by the Department for Public Health in its report, Healthy Kentuckians 2010, are laudable goals, and the policies of the Commonwealth should be directed to work toward these goals, including but not limited to the following...Substantially reduce the number of cases of fetal alcohol spectrum disorder (FASD)....

As used in KRS 200.650 to KRS 200.676, unless the text requires otherwise: "Diagnosed physical or mental condition that has a high probability of resulting in developmental delay" or "established risk diagnosis" means a condition that typically results in developmental delay, including but not limited to chromosomal abnormalities, genetic or congenital disorders, severe sensory impairments, including hearing and vision, inborn errors of metabolism, disorders reflecting disturbance of the development of the nervous system, congenital infections, disorders secondary to exposure to toxic substances, including fetal alcohol syndrome, and severe attachment disorders.