Illinois’s New Infant Drug Screen Laws and Child Custody

 Posted on January 14, 2025 in Child Custody

As of January 1, 2025, Illinois mothers who give birth to infants who test positive for drugs will maintain their parental rights. Before this new law took effect, a mother could automatically lose her parental rights if her newborn tested positive for controlled substances. Hospitals are no longer required to report positive newborn drug screens to law enforcement, a policy that frequently resulted in new mothers being arrested or separated from their babies. Proponents of the law argue that it will encourage women with substance use disorders to seek treatment when they become pregnant, while opponents argue that the law fails to adequately protect infants born to drug-addicted mothers.

However, one parent’s substance use problems or drug use during pregnancy could still have an impact on a child custody dispute between the child’s parents. A knowledgeable Kane County, IL child custody attorney should represent you if you are involved in a child custody case, especially if your child may be at risk due to the other parent’s drug use.

Keeping Custody of Your Newborn After a Positive Drug Screen

While you will not automatically lose your parental rights or have your infant taken from you by the state if he or she tests positive for drugs at birth, you could still face problems if your child’s other parent pursues custody. This commonly happens when the baby’s father did not know about or actively discouraged the mother’s drug use during her pregnancy. Once the baby is born, the father may be able to use the fact that the infant was exposed to drugs in the womb against the mother while fighting for custody.

Illinois courts are required to make child custody decisions based on what is in the best interests of the child. The highest priority is keeping the child safe from harm. If one parent’s drug use has endangered the child, there is a very high chance that a court would give primary custody to the other parent. However, the court can also consider factors like whether the parent with a substance abuse problem has sought treatment. Many parents who are in active recovery are treated favorably in child custody cases.

What type of substance the child was exposed to and whether there was any actual harm to the child may also be relevant. A mother whose child was born premature and addicted to opiates may be treated more harshly than a mother whose child was only exposed to THC and appears healthy at birth. Roughly half of all infants who fail a toxicology screen are only positive for cannabis exposure, the long-term effects of which are still largely unknown.

Contact a Batavia, IL Child Custody Lawyer 

Van Larson Law, P.C. is committed to helping parents maintain the strongest possible relationship with their children during and after a child custody dispute. Compassionate Kane County, IL child custody attorney Van A. Larson will work to help you establish the right parenting plan. Contact us at 630-879-9090 for a free consultation.