1.25.110 Prenatal Exposure

There shall be a presumption that a child is in need of care if the child is diagnosed with Neonatal Abstinence Syndrome by a doctor who is competent to make that diagnosis, or samples of blood, urine or meconium of the child or the mother obtained during pregnancy, or shortly after birth, indicate the presence of addictive illicit or non-prescribed addictive prescription drugs after analysis using current standards for drug screens. That presumption can be overcome, by clear and convincing evidence, showing that the birth mother made the following efforts to prevent harm to her unborn child during the pregnancy:

(a) Only using addictive prescription medication as prescribed by a physician and lowering doses of addictive medication during the pregnancy, as recommended by the prescribing physician;

(b) Avoiding all addictive illicit drugs, and addictive prescription drugs without a prescription, as shown through drug screens testing the mother's blood or urine throughout the pregnancy;

(c) Actively participating in AODA services; and

(d) Obtaining all necessary and recommended prenatal care, including mental health services if recommended by her health care provider(s).