Sec. 401. Amending the CAPTA to provide for a public health response to infants affected by substance use disorder
2,942 words·~13 min read·
/bill/117/s/1927/is/section-401A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq.) is amended by inserting after title III, as added by section 301, the following: The purpose of this title is to ensure the safety, permanency, and well-being of infants affected by substance use by supporting States in providing a public health response to infants, mothers, and families by— supporting the health and well-being of infants and their mothers rather than penalizing the family; developing comprehensive family care plans to address the needs of infants, children, and families; increasing access to treatment support and other services for mothers with a substance use disorder and their children, including ensuring that mothers can access necessary prenatal services; supporting mothers and caregivers in building protective factors so that infants are at a low risk of child abuse or neglect; providing access to appropriate screening, assessment, and intervention services for infants affected by substance use disorder, including alcohol use disorder; and improving the capacity of health care professionals, child welfare workers, and other personnel involved in the development, implementation, and monitoring of family care plans.
Each State receiving Federal funds under section 106 or section 404 shall have in effect policies and procedures that meet the requirements of this section. The Governor of the State shall designate a lead agency to carry out the State's public health response to strengthen families and ensure the safety and well-being of— infants born with, and identified as being affected by, substance use disorder, including alcohol use disorder; and the families and caregivers of such infants.
At the same time a State submits a State plan under section 106(b)(1), the lead agency designated by the Governor under subsection
(b)shall provide to the Secretary a description of the State’s policies and procedures to ensure the safety and well-being of infants born with, and identified as being affected by, substance use disorder, including alcohol use disorder, and the well-being of the families and caregivers of such infants, including a description of— how the State is implementing and monitoring family care plans, including by— developing family care plans prior to the expected delivery of the infant; and conducting necessary follow up to ensure that families are able to access supports and services, and to ensure the safety and well-being of infants and the caregivers of such infants; the State’s policies and procedures for requiring providers involved in the delivery or care of infants born with, and identified as being affected by, substance use disorder, including alcohol use disorder, to notify the lead agency designated under subsection
(b)of the occurrence of such condition in such infants; the State’s policies and procedures to ensure the development of a multi-disciplinary family care plan for the infant born with, and identified as being affected by, substance use disorder, and such infant’s affected family member or caregiver, to ensure the safety and well-being of such infant following release from the care of health care providers, including by— using a family assessment approach to develop each family care plan; addressing, through coordinated service delivery, the health and substance use disorder treatment needs of the infant and affected family member or caregiver; and the development and implementation by the State of monitoring systems regarding the implementation of such plans to determine whether, and in what manner, local entities are providing, in accordance with State requirements, referrals to and delivery of appropriate services for the infant and affected family member or caregiver; and the State’s plan to develop a system for purposes of notifications required by paragraph
(2)that is distinct and separate from the system used in the State to report child abuse and neglect, and designed to promote a public health response to infants born with, and identified as being affected by, substance use disorder, including alcohol use disorder, and not for the purpose of initiating an investigation of child abuse or neglect. Nothing in this section shall be construed to— establish a definition under Federal law of what constitutes child abuse or neglect; or require investigation or prosecution for any illegal action, including a response by the State’s child protective services system. The lead agency of a State designated by the Governor under subsection
(b)shall annually work with the Secretary to provide a report that provides the number of infants— identified under subsection (c)(2); for whom a family care plan was developed under subsection (c)(3); and for whom a referral was made for appropriate services, including services for the affected family or caregiver, under subsection (c)(3). The Secretary shall provide technical assistance to support States in complying the requirements of section 402(c) that includes— disseminating best practices on implementation of multidisciplinary family care plans; addressing State-identified challenges with developing, implementing, and monitoring family care plans; supporting collaboration and coordination across substance abuse agencies, child welfare agencies, maternal and child health agencies, family courts, and other community partners; supporting State efforts to develop information technology systems to manage family care plans; and providing technical assistance in accordance with the infants with prenatal substance-exposure initiative developed by the National Center on Substance Abuse and Child Welfare. The Secretary shall submit an annual report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and Labor, the Committee on Appropriations of the House of Representatives, and the Committee on Energy and Commerce of the House of Representatives that includes, at a minimum, information on— the activities of the Secretary under subsection (a); and the progress of States in developing, implementing, and monitoring family care plans to ensure a public health response to addressing the needs of infants born with, and identified as being affected by, substance use disorder, including alcohol use disorder, and the families of such infants, and as appropriate, recommendations for improving such practices. The Secretary is authorized to award grants to States for the purpose of assisting maternal and child health agencies, child welfare agencies, public health agencies, mental health agencies, social services agencies, substance abuse agencies, health care facilities with labor and delivery units, and health care providers to facilitate collaboration in developing, updating, implementing, and monitoring family care plans described in section 402(c). Of the amounts made available to carry out subsection (a), the Secretary shall reserve— no more than 3 percent for the purposes described in subsection (g); and no less than 3 percent for grants to Indian Tribes and Tribal organizations to address the needs of infants identified as being affected by substance use disorder, including alcohol use disorder, and their families or caregivers, which, to the extent practicable, shall be consistent with the uses of funds described under subsection (d). The Secretary shall allot the amount made available to carry out subsection
(a)that remains after application of paragraph
(1)to each State that applies for such a grant, in an amount equal to the sum of— $500,000; and an amount that bears the same relationship to any funds made available to carry out subsection
(a)and remaining after application of paragraph
(1)and subparagraph (A), as the number of live births in the State in the previous calendar year bears to the number of live births in all States in such year. If the amount made available to carry out subsection
(a)is insufficient to satisfy the requirements of paragraph (2)(A), the Secretary shall ratably reduce each allotment to a State. A State desiring a grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include, at a minimum— a description of— how the lead agency designated under section 402(b) will coordinate with relevant State entities and programs (including maternal and child health providers, the child welfare agency, public health agencies, mental health agencies, the State substance abuse agency, health care facilities with labor and delivery units, health care providers, programs funded by the Substance Abuse and Mental Health Services Administration that provide substance use disorder treatment for women, maternal and child health programs funded by the Health Services Resources Administration, the State Medicaid program, the State agency administering the block grant program under title V of the Social Security Act ( 42 U.S.C. 701 et seq.), the State agency administering the programs funded under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq.), the maternal, infant, and early childhood home visiting program under section 511 of the Social Security Act ( 42 U.S.C. 711 ), Early Head Start, the State judicial system, and other agencies, as determined by the Secretary) and any Indian Tribes and Tribal organizations located in the State to develop the application under this subsection and implement the activities under this section; how the State plans to use funds for activities described in subsection
(d)for the purposes of meeting the requirements of section 402(c); if applicable, how the State plans to utilize funding authorized under part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq.) to assist in carrying out any family care plan, including funding authorized under section 471(e) of such Act for mental health and substance use disorder prevention and treatment services and in-home parent skill-based programs and funding authorized under such section 472(j) for children with a parent in a licensed residential family-based treatment facility for substance use disorder; and the treatment and other services and programs available in the State to effectively carry out any family care plan developed, including identification of needed treatment, and other services and programs to ensure the well-being of young children and their families affected by substance use disorder, such as programs carried out under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq.) and comprehensive early childhood development services and programs such as Head Start programs; and an assurance that the State will comply with requirements to refer a child identified as substance-exposed to early intervention services as required pursuant to a grant under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq.). Funds awarded to a State under this subsection may be used for the following activities, which may be carried out by the State directly, or through grants or subgrants, contracts, or cooperative agreements: Improving State and local systems with respect to the development and implementation of family care plans, which— shall address the health and substance use disorder treatment needs of the infant and affected family or caregiver and include parent and caregiver engagement, regarding available treatment and service options and include resources available for pregnant, perinatal, and postnatal women; and may include activities such as— developing policies, procedures, or protocols for the administration or development of evidence-based and validated screening tools for infants who may be affected by substance use disorder, including alcohol use disorder, and pregnant, perinatal, and postnatal women whose infants may be affected by substance use disorder, including alcohol use disorder; improving assessments used to determine the needs of the infant and family; improving ongoing case management services; improving access to treatment services, which may be prior to the pregnant woman’s delivery date; keeping families safely together when it is in the best interest of the child; and developing the notification pathway as an alternative to a child maltreatment report, as described in subsection 402(c)(2). Establishing partnerships, agreements, or memoranda of understanding between the lead agency and other entities (including health professionals, health care facilities, child welfare professionals, juvenile and family court judges, substance use and mental disorder treatment programs, early childhood education programs, maternal and child health and early intervention professionals (including home visiting providers), peer-to-peer recovery programs such as parent mentoring programs, and housing agencies) to facilitate the successful development and implementation of family care plans, including development of plans prior to the expected delivery of the infant, by— developing a comprehensive, multi-disciplinary assessment and intervention process for infants, pregnant women, and their families who are affected by substance use disorder, including alcohol use disorder, that includes meaningful engagement with, and takes into account the unique needs of, each family and addresses differences between medically supervised substance use, including for the treatment of substance use disorder, including alcohol use disorder; ensuring that treatment approaches for serving infants, pregnant women, and perinatal and postnatal women whose infants may be affected by substance use disorder, including alcohol use disorder, are designed to, where appropriate, keep infants with their mothers during both inpatient and outpatient treatment; and increasing access to all evidence-based medications to treat substance use disorder, including alcohol use disorder, including medications for opioid use disorder approved by the Food and Drug Administration, behavioral therapy, and counseling services for the treatment of substance use disorders, as appropriate. Developing policies, procedures, or protocols in consultation and coordination with health professionals, public and private health care facilities, and substance abuse agencies to ensure that— appropriate notification to the appropriate agency determined by the Governor’s office is made in a timely manner, as required under section 402(c)(2); a family care plan is in place, in accordance with section 402(c)(3) before the infant is discharged from the birth or health care facility; and such health and related agency professionals are trained on how to follow such protocols and are aware of the supports that may be provided under a family care plan. Training health professionals and health system leaders, early intervention professionals, child welfare workers, substance abuse treatment agencies, and other related professionals such as home visiting agency staff and law enforcement in relevant topics, including— the referral and process requirements for notification to the appropriate agency as determined by the Governor when child abuse or neglect reporting is not mandated, including training on how such notification pathway is distinct and separate from the pathway used in the State to report child abuse and neglect; the co-occurrence of pregnancy and substance use disorder, and implications of prenatal exposure; the clinical guidance about treating substance use disorder in pregnant and postpartum women; appropriate screening and interventions for infants affected by substance use disorder, including alcohol use disorder, and the requirements section 402(c); and appropriate multigenerational strategies to address the mental health needs of the parent and child together. Developing and updating systems of technology for improved data collection and monitoring of family care plans, including existing electronic medical records, to measure the outcomes achieved through the family care plans, including monitoring systems to meet the requirements of this title and submission of performance measures. Each State that receives funds under this section, for each year such funds are received, shall submit a report to the Secretary that includes— the impact of substance use disorder in such State, including with respect to the substance or class of substances with the highest incidence of abuse in the previous year in such State, including— the prevalence of substance use disorder in such State; the aggregate rate of births in the State of infants affected by substance use disorder, including alcohol use disorder (as determined by hospitals, insurance claims, claims submitted to the State Medicaid program, or other records), if available and to the extent practicable; the number and percentage of infants identified, for whom a family care plan was developed, and for whom a referral was made for appropriate services; the number and percentage of family care plans developed prior to the expected delivery of an infant affected by substance use disorder, including alcohol use disorder; and the challenges the State faces in developing, implementing, and monitoring family care plans in accordance with section 402(c); data disaggregated by geographic location, economic status, race and ethnicity, except that such disaggregation shall not be required if the results would reveal personally identifiable information on, with respect to infants identified under section 402(c)— the number who experienced removal associated with parental substance use; the number who experienced removal and subsequently are reunified with parents, and the length of time between such removal and reunification; the number who are referred to community providers without a child protection case; the number who receive services while in the care of their birth parents; the number who receive post-reunification services within 1 year after a reunification has occurred; and the number who experienced a return to out-of-home care within 1 year after reunification. The Secretary shall submit an annual report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and Labor, the Committee on Appropriations of the House of Representatives, and the Committee on Energy and Commerce of the House of Representatives that includes the information described in subsection
(e)and recommendations or observations on the challenges, successes, and lessons derived from implementation of the grant program. The Secretary shall use the amount reserved under subsection (b)(1)(A) to carry out an independent evaluation to measure the effectiveness of the program assisted under this subsection in— developing comprehensive family care plans to support the needs of infants, children, and families; increasing access to treatment support and other services for mothers with a substance use disorder and their children; providing access to appropriate screening, assessment, and intervention services for infants affected by substance use disorder, including alcohol use disorder; and improving the capacity of health care professionals, child welfare workers, and other personnel involved in the development, implementation, and monitoring of family care plans. There are authorized to be appropriated to carry out this title $60,000,000 for fiscal year 2022 and such sums as may be necessary for each of fiscal years 2023 through 2027. .
Connectionstraces to 5
Citation graph
cites case law
Sec. 401
Amending the CAPTA to provide for a public health response to infants affected by substance use disorder
Cites 5Cited by 0 across 0 sources