GOVERNOR'S VETO

Pursuant to Article V, Section 6 of the Constitution of Virginia, I veto House Bill 833, which creates exemptions to the definition of the abused and neglected child and restricts the consideration of courts related to an individual’s consumption and possession of controlled substances.

The proposed legislation, aiming to address a non-existent problem, has potential consequences that may expose children to harm.

Child protective service (CPS) referrals rarely, if ever, involve screening solely based on parents' legal use of controlled substances or marijuana. Instead, cases typically encompass additional risk factors like impaired supervision, access to drugs or drug paraphernalia, or a parent's inability to meet the child's basic needs. The inherent risk of unintended consequences, potentially endangering child safety by dissuading local departments of social services from implementing necessary protective measures, disrupts the balanced approach of current CPS policies, thus jeopardizing the well-being of vulnerable children.

The proposed exemption to the definition of an "abused or neglected child" raises concerns by needlessly complicating an already intricate legal domain. These exceptions overlook the necessity for judges and CPS workers to assess unique factors and circumstances in each case, potentially hindering effective decision-making.

The proposal undermines the tangible link between substance use and harm to children, evident in the increased calls to poison control and emergency room visits for children consuming cannabis-infused substances following the authorization of personal marijuana possession. The blanket exemption further places children at risk by potentially endangering their welfare.

This is a significant threat to child safety, potentially shielding parents engaging in substance possession or consumption from scrutiny. This failure to consider nuanced circumstances undermines the child's best interests and contradicts our efforts to address substance misuse in families and communities.

Accordingly, I veto the bill.