The Peru Gazette

From the Office of State Senator Betty Little

Named in honor of 13-month-old who died of drug overdose

The New York State Senate today approved legislation that would require drug testing of children less than three-years-old if they are in the vicinity of a parent or legal guardian arrested on a drug charge. The bill (S137), sponsored by Senator Betty Little, is named in honor of Kayleigh Mae Cassell, a 13-month-old from Washington County who died as a result of a drug overdose in 2015.

“What happened to Kayleigh is a terrible tragedy,” said Little. “For most of her very brief life she was exposed to dangerous drugs. Her autopsy showed she had been given heroin and cocaine. My hope is we can prevent similar tragedies by requiring a simple test when it appears a child may be at risk of being exposed to illegal drugs. This is not about creating a new penalty for drug users. The goal of the legislation is assuring the welfare of the child.”

Specifically, the legislation would amend the State’s social services law to cause an investigation to be conducted for suspected child abuse or maltreatment if the child, under the age of 3, is in the vicinity of a parent, guardian or someone else legally responsible when that person is arrested on a drug charge.

A hair follicle drug test would be required as part of the investigation and could be initiated through a court order if a parent or legal guardian refused to cooperate.

Kaleigh Mae, of Kingsbury, died in February 2015. The autopsy included a hair follicle test, which revealed she had been given cocaine and heroin since about the age of four-months. Her mother and live-in boyfriend pleaded guilty to crimes of criminally negligent homicide, criminal possession of a controlled substance and endangering the welfare of a child.

“Many children under the age of 3 are not going to be able to explain, or even understand, if a parent is giving them a dangerous drug. A hair follicle test is non-invasive and conclusive and would provide our social service workers and the courts with information that could potentially be life-saving for that child.”

The legislation passed the State Senate with unanimous support. A companion bill is being sponsored by Assemblyman Felix Ortiz of Brooklyn.