A BILL for an Act to create and enact a new section to chapter 27-20.3 of the North Dakota Century Code, relating to mandatory drug testing by human service zones; and to provide an appropriation.
Summary
HB 1268 would add a new section to North Dakota Century Code chapter 27-20.3 requiring human service zones to mandate drug testing for a parent before an unsupervised visit with a child when abuse of a controlled substance, chemical substance, or the presence of drug paraphernalia was a contributing factor to a child being found in need of protection and placed out of the home. The bill also authorizes the Department of Health and Human Services to require additional drug testing as needed for safety planning.
The measure includes a specific exception stating that it does not apply to marijuana. It also creates a $95,000 general fund appropriation for the 2025-2027 biennium to support drug testing by human service zones.
Impact
If enacted, the bill would have imposed a new statutory requirement on child welfare cases involving substance abuse, giving human service zones a mandatory testing tool before allowing unsupervised parental visitation in certain out-of-home placement cases. It would have expanded the authority of the Department of Health and Human Services to order additional testing for safety planning and would have directed state funds to cover testing costs. Because the bill failed, no change was made to existing law.
Sentiment
The bill appears to have had some support in the House, passing second reading 62-23, but it faced strong opposition in the Senate, where it failed 6-39 on second reading. The voting pattern suggests the proposal was viewed favorably by a majority in one chamber but not by the other, indicating significant concern about the policy or its implementation.
Contention
The main point of contention was the mandatory nature of the drug testing requirement in child welfare cases, especially the condition that parents must pass a test before unsupervised visitation. Opponents likely viewed this as overly rigid or burdensome, while supporters likely saw it as a child safety measure tied to substance abuse concerns. The bill’s explicit exclusion of marijuana may also have been a point of debate, as it creates a carveout that distinguishes marijuana from other controlled substances in a child protection context.
A BILL for an Act to create and enact a new section to chapter 27-20.3 of the North Dakota Century Code, relating to mandatory drug testing by human service zones; and to provide an appropriation.
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