Support for the Amendment: Prevents Misdiagnosis Due to Lack of Training: Family service workers who are not adequately trained to interpret drug and alcohol screens can lead to wrongful assessments of child abuse or neglect. This amendment ensures that children are not labeled as abused or neglected based solely on the presence of substances that are legally prescribed by a physician or other medical personnel authorized to diagnose health issues and prescribe legal medications. Reduces Bias and Misinterpretation: There's a risk that untrained personnel might misinterpret the presence of legally prescribed substances as signs of abuse or neglect. This amendment clarifies that the legal use of medications prescribed by authorized medical professionals should not automatically lead to such a determination, safeguarding against bias or misinterpretation. Protects Parental Rights: The amendment upholds the constitutional right to privacy and the fundamental right to parent, as established in cases like Stanley v. Illinois (1972). It ensures that custody or visitation rights aren't denied solely based on the use of medications legally prescribed by healthcare providers, emphasizing that treatment for health conditions should not equate to loss of parental rights. Addresses Potential Conflicts of Interest: By highlighting the issue with outside contractors potentially benefiting from finding positive tests, this amendment could lead to more impartial evaluations. It encourages a system where the focus is genuinely on the well-being of the child rather than on maintaining contracts or funding, especially when substances are legally prescribed. Promotes Fairness in Child Welfare Investigations: The directive for the Board of Social Services to amend its materials ensures that policy and practice align with the law, promoting consistency and fairness across all local departments. This can lead to more standardized and just approaches in child welfare cases, particularly when dealing with legally prescribed medications. Encourages Proper Substance Use Treatment: By not penalizing the use of legally prescribed substances, the amendment supports a health-focused approach rather than a punitive one. This can encourage parents to seek and adhere to medical treatment without fear of losing custody, ultimately benefiting the child's environment and the family's health. Legal and Policy Clarity: This amendment clarifies the law, reducing ambiguity in how child abuse or neglect is defined in relation to substance use. It aligns with public health approaches that distinguish between the responsible use of legal medications and actual neglect or abuse, ensuring decisions are made based on the actual impact on parenting and child safety. In summary, this amendment is a commendable effort to ensure that child welfare decisions are based on factual assessments of harm rather than on the mere presence of legally prescribed medications. It supports a more nuanced approach to child protection, respecting parental rights while aiming to protect children from genuine neglect or abuse, with the stipulation that proper medical oversight and use are maintained.

Thank you for the opportunity to provide testimony in support of HB2613, which seeks to ensure that parents and guardians are not unjustly penalized or at risk of losing custody or parental rights solely for the lawful use of cannabis. As cannabis legalization expands across the country, it is vital to update policies to reflect this shift and prevent unintended consequences for responsible individuals. The use of legal cannabis—whether for medical or recreational purposes—should not be grounds for questioning a parent’s ability to care for their children, particularly when cannabis use has been shown to have less societal harm than substances like alcohol, which is legally accepted. This bill protects families by ensuring that the focus of any parental rights or custody proceedings remains on the best interests of the child, as it should. Parents should be evaluated based on their actual caregiving abilities, the safety and well-being of their children, and the broader context of their household, rather than outdated stigmas about cannabis use. Furthermore, legal cannabis is often used for legitimate medical purposes, including chronic pain management, mental health conditions, and other serious health issues. Penalizing parents for accessing a legal and therapeutic substance discriminates against those who rely on cannabis as part of their healthcare. This is particularly unjust when there is no evidence of harm or neglect caused by its use. Passing this bill would align family law with the principles of equity and fairness while safeguarding children from being unnecessarily separated from loving and capable parents. It also sends a clear message that the state supports science-based, compassionate, and just policies. I urge you to vote in favor of HB2613 and protect the rights of parents who responsibly and legally use cannabis. Thank you for considering this important measure to strengthen and protect families. Sincerely,
 Jessee Perry