Plans of Safe Care for Infants With
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STATE STATUTES CURRENT THROUGH AUGUST 2019 Plans of Safe Care for Infants With Prenatal Substance Exposure and Their Families To find statute information for a particular State, go WHAT'S INSIDE to https://www.childwelfare.gov/topics/systemwide/ laws-policies/state/. What is a plan of safe care? Substance use disorders affect parents and other caregivers and can have negative effects on the health, safety, and well-being Notification/reporting requirements of children. One major area of concern is responding to the care and treatment needs of infants with prenatal substance exposure Assessment of the infant and family and their families. To receive Child Abuse Prevention and Responsibility for development of the plan Treatment Act (CAPTA) funds, States are of safe care required to ensure that they operate programs relating to child abuse and neglect Services for the infant that include the following:1 Policies and procedures (including Services for the parents or other appropriate referrals to child protection caregivers services systems and for other appropriate services) to address the needs of infants Monitoring plans of safe care born and identified as being affected by 1 42 U.S.C. § 5106a(b)(2)(B)(ii)-(iii), as amended by the Comprehensive Addiction and Recovery Act of 2016 (P.L. 114-198) Summaries of State laws Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: info@[email protected] | https://www.childwelfare.gov 1 substance abuse or withdrawal symptoms WHAT IS A PLAN OF SAFE CARE? resulting from prenatal drug exposure or A POSC is a plan designed to ensure the Fetal Alcohol Spectrum Disorder (FASD), safety and well-being of an infant with including a requirement that health-care prenatal substance exposure following his providers involved in the delivery or care or her release from the care of a health- of such infants notify the child protective care provider by addressing the health and services (CPS) system of the occurrence of substance use treatment needs of the infant such condition of such infants and affected family or caregiver. States The development of a plan of safe care have flexibility as to the implementation (POSC) for infants born and identified consideration of their POSCs. For example, as being affected by substance abuse or the plan can be initiated in advance of the withdrawal symptoms or FASD to ensure infant’s birth by a designated community the safety and well-being of such infant organization, including a substance use following his or her release from the care disorder treatment provider, the health-care of health-care providers, including through provider at the birth hospital, or as part of addressing the health and substance use the discharge process to ensure services are disorder treatment needs of the infants and provided to the infant and the affected family affected family or caregivers or caregiver. There is also variation as to whether the plan is developed by a State's CPS For this publication, statutes, regulations, agency or child welfare agency. and policies regarding requirements for providing appropriate care for these infants While the plan may address the immediate were collected from across all States, the safety, health, and developmental needs District of Columbia, and the U.S. territories, of the affected infant, the POSC also must and an analysis of the information informs the include the health and substance use disorder discussion that follows. treatment needs of the affected parents or caregivers. It is best practice that the POSC Information and technical assistance on be developed with input from the parents POSCs are available through the Children’s and caregivers and in collaboration with the Bureau Regional Offices https://www.acf. health-care provider and other professionals hhs.gov/cb/resource/regional-program- and agencies involved in serving the affected managers and the National Center on infant and family. It also includes referrals to Substance Abuse and Child Welfare https:// appropriate services that support the affected ncsacw.samhsa.gov/resources/substance- infant and his or her family or caregivers. exposed-infants.aspx. Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 2 NOTIFICATION/REPORTING If the infant meets the State’s criteria for REQUIREMENTS abuse or neglect, the infant and family will be referred to CPS for an investigation or family Laws and/or policies in approximately 42 assessment. States and the District of Columbia require health-care providers to notify CPS when If the infant and family are screened in for they are involved in the delivery or care services, a CPS agency conducts a safety of infants who show evidence at birth of assessment to determine whether the having been prenatally exposed to drugs, infant will be safe in the infant's home. The alcohol, or other controlled substances.2 parents' ability to perform essential parental Specifically, reports are required when the responsibilities may be considered in the infant or mother has a toxicology screen assessment of the newborn's safety. Other that is positive for substances and/or the factors that may be considered include the infant exhibits physical, neurological, or following: behavioral symptoms consistent with prenatal The mother's behavior and interaction/ substance exposure, withdrawal symptoms bonding with the newborn from prenatal substance exposure, or FASD. While the notification to CPS is required by Parental protective capacities of the mother CAPTA, laws and/or policies in 14 States make and any other adult caregivers both in and clear that a notification is not considered a out of the home report of child abuse or neglect unless there is evidence of maltreatment or risk of harm to The family's support system 3 the infant. The home environment ASSESSMENT OF THE INFANT Evidence of preparation and safe care for AND FAMILY the infant, such as a crib, clothing, and Upon receiving a notification of an infant with formula prenatal substance exposure, the CPS agency Mental health concerns or the presence of makes an initial assessment to determine domestic violence whether the infant meets the State's definition of child abuse or neglect. If the infant does Assessment of all other adults and children not meet criteria for abuse or neglect, best living in the home practice is to refer the family to a community agency for assessment of the family’s needs. 2 The word "approximately" is used to stress the fact that States frequently amend their laws. This information is current through August 2019. Alabama, Alaska, Arizona, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virginia, West Virginia, and Wisconsin require reports for substance-exposed infants. 3 California, Connecticut, Delaware, Georgia, Iowa, Louisiana, Maine, Michigan, New Mexico, New York, North Carolina, Pennsylvania, Vermont, and Virginia Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 3 Additional assessments are made to as affected by the mother's substance determine the ongoing needs of the infant and use as well as the treatment needs of the the infant's family and other caregivers for affected parent or caregiver.4 In six States, services and other supports. The assessments the plan can be initiated by the health-care may include consideration of the following provider at the birth hospital as part of the factors: discharge process to ensure that the infant will receive appropriate care in the home.5 The infant's current condition and/or However, the responsibility for developing special needs or disabilities the plan ultimately rests with the State's child The nature and extent of the mother's protective or child welfare agency. alcohol and drug use and treatment history The POSC required by CAPTA may differ from Information on the parents' mental health a safety plan that addresses the immediate concerns, such as postpartum depression safety of the child. A POSC is determined and any co-occurring disorder by the State and can be continuous and a longer-term plan for the family that focuses The presence of other children in the home on the infant's ongoing health, development, and their current care and condition safety, and well-being. Developing the plan may include various professionals and Family strengths and involvement of the disciplines. The agency may actively involve infant's father and other family members the parents or caregivers, the infant's health- The mother's level of cooperation and care professionals, the parents' or caregivers' willingness to address concerns substance use treatment service providers, out-of-home care providers, and supportive The extent and availability of the newborn's adults identified by the parents or caregivers. family or other individuals to assist with The plan also may include information from caregiving and the provision of other early childhood intervention providers, home support visitors, public health personnel, and any The availability of stable housing with no other community supports, as appropriate. apparent safety or health hazards SERVICES FOR