Children; Children's Code; enacting Leo's Law; fentanyl testing; child endangerment; appropriating funds. Effective date.
What changed between versions
The entire bill was replaced. The Engrossed version dealt with juvenile justice information systems; the Enrolled version is Leo's Law, focused on fentanyl testing in child welfare cases.
Section 852.1 of Title 21 (child endangerment) was amended to modify what constitutes child endangerment, adding a $50 fee provision that funds the revolving fund.
A new definition of 'drug-endangered child' was added to Section 1-1-105, specifically including exposure to fentanyl or fentanyl analogs through possession, use, distribution, manufacture, or cultivation by a person responsible for the child's welfare.
The Department of Human Services must attempt to obtain consent for immediate drug screening (including fentanyl testing) when a child is determined to be drug-endangered. If consent is refused and substance use is suspected, DHS must notify a district attorney within 72 hours to request a court order compelling the screening.
All drug screenings in drug-endangered cases must include mandatory fentanyl testing. Testing must occur at intake, during ongoing monitoring of open deprived cases where drug use is at issue, and prior to any reunification.
When a child meets the definition of drug-endangered, DHS must immediately refer the case to local law enforcement for a possible criminal investigation.
The Child Welfare Fentanyl Testing Revolving Fund was created in the State Treasury as a continuing fund. It is funded by a $50 fee imposed under Section 852.1 of Title 21 and may be used to offset drug testing costs.
Courts may order families, guardians, or caregivers to pay drug testing costs, but DHS must cover costs when the individual is enrolled in a state or federal voucher program, receives qualifying public assistance, or demonstrates financial hardship via affidavit.
DHS must promulgate rules by January 1, 2027 to implement the new provisions. Annual reports on testing volumes, costs, positive rates, and fund balance must be submitted to the legislature by December 31 each year.
