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Subcommittee advances bill preventing lawful substance use from being automatic proof of child abuse
Summary
HB 942 would bar lawful cannabis or prescribed medications from being treated as automatic proof of child abuse or neglect; supporters say it prevents unjust family separations and racial disparities, while the Children's Ombudsman warned amendments could restrict CPS checks for vulnerable young children.
Delegate Talcott Clark presented HB 942 as a measure to bring child-welfare and family-court law into alignment with current legal and medical standards. "No parent should ever have to choose between following the law and maintaining their health and keeping their family together," Clark said, describing the bill’s goal to distinguish lawful use from abuse while preserving court authority to intervene when a child is at risk.
Advocates and social-service witnesses supported the bill. Chelsea Higgs Wise, founder of Marijuana Justice and a clinical social worker, said the bill would address racial disparities in child-welfare investigations related to cannabis use. Melissa Moore of the Drug Policy Alliance noted data from other states showing declines in child-welfare substantiations after similar reforms.
The Children's Ombudsman, Eric Reynolds, said he did not necessarily oppose the bill but voiced "grave concerns" about amendments that change the definition of abused and neglected children, warning those changes could chill local CPS responses to reports involving very young, vulnerable children. Reynolds cited past cases where earlier CPS intervention could have altered outcomes.
Committee members debated an amendment that removes a provision limiting courts’ ability to order certain drug testing; delegates and witnesses emphasized that the bill preserves judicial discretion to test when a child’s safety is at issue. After discussion and public testimony, the subcommittee voted to report HB 942 as amended by a vote of 5 to 3. The bill now moves to the full committee for consideration.
