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Bill

SB 36

Child abuse or neglect; prenatal use of a controlled substance or drug as prescribed.

2026 Regular Session Introduced by Tara Durant and 3 co-sponsors

SB 36 would have exempted medically prescribed prenatal controlled substance use from Virginia's child abuse and neglect definitions, but was withdrawn before passage.

Stricken at request of Patron in Rehabilitation and Social Services (15-Y 0-N)
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Bill Summary · SB 36

Legislative bill overview

SB 36 would have modified Virginia's child abuse and neglect statutes to clarify that prenatal use of controlled substances or drugs when prescribed by a medical professional does not constitute child abuse or neglect. The bill was introduced with bipartisan sponsorship but was stricken (withdrawn) at the patron's request on January 23, 2026.

Why is this important

This bill addresses a critical gap between medical necessity and legal liability for pregnant individuals. Currently, ambiguous language in abuse and neglect statutes can expose pregnant women taking legitimately prescribed medications to child welfare investigations or legal jeopardy, potentially discouraging them from seeking necessary prenatal medical care or medication management.

Potential points of contention

  • Medical vs. legal authority: Disagreement over whether courts or medical professionals should have final say in determining if prenatal medication use is appropriate
  • Fetal protection vs. maternal autonomy: Tension between protecting fetal health and respecting pregnant individuals' bodily autonomy and medical decision-making rights
  • Implementation challenges: Questions about how to distinguish prescribed medication use from substance abuse, and whether doctors could face liability for prescribing certain controlled substances during pregnancy

Compiled from official sources — confirm details with the bill’s official record.

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