(HB2613)

GOVERNOR'S VETO

Pursuant to Article V, Section 6 of the Constitution of Virginia, I veto House Bill 2613, which creates exemptions to the definition of an abused and neglected child and restricts courts from considering an individual’s consumption and possession of controlled substances in custody and abuse determinations. The proposed legislation introduces unnecessary complications and risks exposing children to harm.

The bill disregards clear evidence linking substance use to child endangerment, particularly in the wake of increased incidents of children ingesting cannabis-infused substances following the legalization of marijuana. By broadly prohibiting courts from considering parental marijuana use in custody and visitation determinations, HB 2613 risks prioritizing drug use over the health and well being of children.

Child Protective Service (CPS) referrals rarely, if ever, involve screening based solely on a parent's legal use of controlled substances or marijuana. Instead, cases typically involve additional risk factors such as impaired supervision, access to drugs or drug paraphernalia, or a parent's inability to meet a child's basic needs. By restricting the ability of CPS and the courts to fully assess the impact of parental substance use on child safety, this bill could discourage necessary protective measures, ultimately jeopardizing the well- being of vulnerable children.

The proposed exemption to the definition of an "abused or neglected child" needlessly complicates an already complex legal framework. It limits the ability of judges and CPS professionals to evaluate cases based on their unique circumstances, potentially undermining effective decision-making and intervention.

Accordingly, I veto the bill.