DISCLAIMER: The views expressed herein are those of the Children's Ombudsman and do not necessarily reflect the views of the Governor or her Administration. While the purpose of the bill is well-intended and understandable, I have serious concerns for the unintended consequences, specifically with the amendments to the definition of "abused and neglected child" found in §16.1-228 and §63.2-100. Parental substance use is a primary and prevalent risk factor in many substantiated cases of child abuse and neglect, including child fatalities - especially cases involving very young children (age birth to 5 yrs.) given their lack of self-protective capacity. When a local department of social services (LDSS) receives a CPS report that parents are using a substance, whether legal or not, the LDSS should be able to respond to assess whether such use affects the parents' ability to safely care for the child. Factors to assess include the child’s age, the substance being used, and how it’s being used (is it being used in accordance with prescribed treatment?). If a parent is using the substance in an appropriate manner and the use does not impair the parent’s ability to safely care for the child, then it should not be substantiated. But in cases that are substantiated, the parents’ use has been found to have been impaired leading to child maltreatment or the risk of maltreatment, including inadequate supervision, physical neglect, and physical and mental abuse. In many child fatality cases my office has reviewed, inadequate supervision, abuse, and physical neglect due to parents' unresponsible use of alcohol, cannabis, and even MAT prescriptions (methadone, suboxone, etc.) led to infants being suffocated, beaten, and left in unsafe sleep conditions. Moreover, new research and studies have come out providing more information about the various short- and long-term harms that cannabis use causes children and teens, not just due to parental use and impairment, but also from children’s use, access, and exposure to cannabis products. The LDSS should be able to receive and respond to CPS referrals that allege parental use of these substances in order to assess children’s safety. This bill would deter or prevent reports of suspected abuse or neglect from being reported and chill LDSS' decisions to respond. As it is, we have found that LDSS are not responding to these CPS referrals enough and children have been left in unsafe situations way too often. If this bill passes, it will allow more children to slip through the cracks.

“I am writing and calling in support Delegate Clark’s HB942 The Parental Rights Bill is a simple, common-sense reform. It brings Virginia’s child and family system in line with current science and policy by: Protecting families from discrimination based on legal and medically supervised cannabis, or prescribed substance use. Ensuring that treatment for opioid use disorder — including methadone, buprenorphine, or naltrexone — is recognized as legitimate medical care, not as evidence of neglect. Keeping safeguards in place for true cases of abuse or endangerment, while preventing the automatic separation of loving, responsible families. Recovery should be supported, not punished. Health care decisions made with medical supervision should never be grounds for losing custody.”

I am writing in support Delegate Clark’s HB942 The Parental Rights Bill is a simple, common-sense reform. It brings Virginia’s child and family system in line with current science and policy by: Protecting families from discrimination based on legal and medically supervised cannabis, or prescribed substance use. Ensuring that treatment for opioid use disorder — including methadone, buprenorphine, or naltrexone — is recognized as legitimate medical care, not as evidence of neglect. Keeping safeguards in place for true cases of abuse or endangerment, while preventing the automatic separation of loving, responsible families. Recovery should be supported, not punished. Health care decisions made with medical supervision should never be grounds for losing custody.

To the Honorable Members of the Committee: I am writing on behalf of the Virginia Community Health Worker Association and the Promotores de Salud and Community Health Workers (CHWs) who serve families across the Commonwealth. We respectfully urge your support for HB 942. Community Health Workers serve Virginia families in clinics, health departments, shelters, schools, and directly in neighborhoods where people live, work, and raise children. Our work depends on trust — trust from the families we serve, and trust between families and the systems designed to support them. The Problem: Fear Undermines Health and Safety Every day, CHWs encounter families navigating complex systems — health care, social services, family courts, and child welfare. Many live with the fear of punitive consequences for struggling with stress, trauma, or behaviors that systems are quick to judge. This fear stops families from seeking help or engaging with care providers — even when their child's well-being is at stake: 1) Mothers skip prenatal care, fearing that prescribed medications will trigger child welfare investigations. 2) Fathers avoid mental health treatment, fearing it could be used against them in custody proceedings. 3) Families in crisis don't reach out because fear of being reported outweighs everything else. How HB 942 Helps HB 942 clarifies that a child cannot be considered abused or neglected simply because a parent or caregiver possessed or consumed a legally authorized substance — and that custody or visitation decisions should not be based on that fact alone. This bill: 1) Creates clarity for families and service providers about what does and does not constitute abuse or neglect. 2) Reduces fear and encourages families to engage with systems of care when they need support. 3) Strengthens trust between families, CHWs, and social services by removing ambiguity that leads to unnecessary investigations. 4) Supports family stability — foundational to health, resilience, and well-being. This Bill Protects Children HB 942 does not prevent intervention when a child is actually being harmed. It ensures that lawful behavior alone cannot be the basis for accusations of abuse or neglect. Child safety remains paramount — but safety is undermined when families are too afraid to seek help. Impact on Community Health Workers For CHWs, this bill: 1) Removes barriers to engagement — families will be more likely to seek help without fear of punitive interpretations. 2) Strengthens community trust in health and social services — key to preventing harm and promoting health equity. 3) Aligns with our mission to support family stability, resilience, and well-being. When families trust support systems, they come forward sooner, access care, and ask for help before problems become crises. That is how we protect children — by building environments where families feel safe seeking support. We respectfully urge passage of HB 942 in support of Virginia's families, their health, and their dignity. Respectfully submitted,

Let parents on these legal and supervised prescriptions parent!

As a parent who has had her children taken through no fault of her own, the state has failed to properly investigate and charge the correct people for crimes and abuse and neglect against children. I lost my daughter for 9 years and fought like hell to get her back. The rapist who violated my child, did 3 years in Monroe for raping another child. please pass this bill. rightside things up!