* * *
Section 2. Section 6351(f.2) of Title 42 is amended and
subsection (f) is amended by adding a paragraph to read:
§ 6351. Disposition of dependent child.
* * *
(f) Matters to be determined at permanency hearing.--At each
permanency hearing, a court shall determine all of the
following:
* * *
(6.1) Whether the use of alcohol or a controlled
substance by the parent places the health, safety or welfare
of the child at risk.
* * *
(f.2) Evidence.--
(1) Evidence of conduct by the parent that places the
health, safety or welfare of the child at risk, including
evidence of the use of alcohol or a controlled substance that
places the health, safety or welfare of the child at risk,
shall be presented to the court by the county agency or any
other party at any disposition or permanency hearing whether
or not the conduct was the basis for the determination of
dependency. The failure of a drug test requested by the
county agency or the refusal to participate in a drug test
requested by the county agency shall constitute prima facie
evidence of the use of alcohol or a controlled substance that
places the health, safety or welfare of the child at risk.
(2) When used in this subsection, the term "drug test"
shall mean a urinalysis, blood test or another scientific
study of an individual's body which has been conclusively
found to detect the presence of alcohol or the presence or
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