Under current law, Michigan families are routinely drug tested, reported, and investigated based on allegations of a positive drug test at birth. But a drug test is not a parenting test. Absent of any other indications of neglect, a positive test alone results in unnecessary reports and investigations, which in turn wastes state resources.

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Newborn drugs testing practices are biased and contribute to racial disproportionality in child welfare. Black and multiracial newborns are more likely to be tested for drug exposure in comparison to all other newborns. Newborns with public insurance and newborns associated with a highly disadvantaged parent were more likely to experience a drug test. Under current Michigan law, mandated reporters are required to report complaint of suspected child abuse to Child Protective Services for positive newborn drug testing, even when they do not have a true concern for child abuse. Biased drug testing combined with mandated reporting practices fuel racial and economic disproportionality in the child welfare system.

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