To amend the Child Abuse Prevention and Treatment Act with respect to infants born with and identified as being affected by substance use or withdrawal symptoms, Neonatal Abstinence Syndrome, or Fetal Alcohol Spectrum Disorder, and for other purposes.
Bill: H.R.879 | Sponsor: Rep. Jayapal, Pramila (D-WA)
Policy area: Families

Summary:
This bill requires states receiving grants for child abuse or neglect prevention and treatment to conduct family assessments and use a risk-based approach in addressing the needs of families with infants born with, and identified as being affected by, substance use or withdrawal symptoms, or related conditions.
Further, the Children's Bureau of the Administration for Children & Families must provide guidance and technical assistance with respect to these requirements.

To amend the Child Abuse Prevention and Treatment Act with respect to 
infants born with and identified as being affected by substance use or 
  withdrawal symptoms, Neonatal Abstinence Syndrome, or Fetal Alcohol 
               Spectrum Disorder, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. GRANTS TO STATES.

    Paragraph (2) of section 106(b) of the Child Abuse Prevention and 
Treatment Act (42 U.S.C. 5106a(b)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking clauses (ii) and (iii); and
                    (B) by redesignating clauses (iv) through (xxv) as 
                clauses (ii) through (xxiii), respectively; and
            (2) in subparagraph (D)--
                    (A) by redesignating clauses (i) through (vi) as 
                clauses (iii) through (viii), respectively; and
                    (B) by inserting before clause (iii), as so 
                redesignated:
                            ``(i) policies and procedures (including 
                        appropriate referrals to child welfare service 
                        systems and for other appropriate services 
                        (including home visiting services and mutual 
                        support and parent partner programs) determined 
                        by a family assessment) to address the needs of 
                        infants born with and identified as being 
                        affected by substance use or withdrawal 
                        symptoms resulting from prenatal drug exposure, 
                        or a Fetal Alcohol Spectrum Disorder, including 
                        a requirement that health care providers 
                        involved in the delivery or care of such 
                        infants notify the child protective welfare 
                        service system of the occurrence of such 
                        condition in such infants, except that--
                                    ``(I) child protective services 
                                shall undertake an investigation only 
                                when the findings of a family 
                                assessment warrant such investigation; 
                                and
                                    ``(II) such notification shall not 
                                be construed to--
                                            ``(aa) establish a 
                                        definition under Federal law of 
                                        what constitutes child abuse or 
                                        neglect; or
                                            ``(bb) require prosecution 
                                        for any illegal action;
                            ``(ii) the development of a multi-
                        disciplinary plan of safe care for the infant 
                        born and identified as being affected by 
                        substance use or withdrawal symptoms or a Fetal 
                        Alcohol Spectrum Disorder to ensure the safety 
                        and well-being of such infant following release 
                        from the care of health care providers, 
                        including through--
                                    ``(I) using a risk-based approach 
                                to develop each plan of safe care;
                                    ``(II) addressing, through 
                                coordinated service delivery, the 
                                health and substance use disorder 
                                treatment needs of the infant and 
                                affected family or caregiver as 
                                determined by a family assessment; and
                                    ``(III) the development and 
                                implementation by the State of 
                                monitoring systems regarding the 
                                implementation of such plans of safe 
                                care 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 or caregiver;''.

SEC. 2. GUIDANCE AND TECHNICAL ASSISTANCE.

    Section 114(1) of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5108(1)) is amended--
            (1) in each of subparagraphs (A) and (B), by striking 
        ``and'' at the end; and
            (2) by adding at the end the following:
                    ``(C) include written guidance and technical 
                assistance to support States, which shall include 
                guidance on the requirements of this Act with respect 
                to infants born with and identified as being affected 
                by substance use or withdrawal symptoms, Neonatal 
                Abstinence Syndrome, or Fetal Alcohol Spectrum 
                Disorder, as described in clauses (i) and (ii) of 
                section 106(b)(2)(D), including by--
                            ``(i) enhancing States' understanding of 
                        requirements and flexibilities under the law, 
                        including by clarifying key terms;
                            ``(ii) addressing State-identified 
                        challenges with developing, implementing, and 
                        monitoring plans of safe care; and
                            ``(iii) disseminating best practices on 
                        implementation of plans of safe care, on such 
                        topics as differential response, collaboration 
                        and coordination, and identification and 
                        delivery of services for different populations, 
                        while recognizing needs of different 
                        populations and varying community approaches 
                        across States; and
                    ``(D) include the submission of a report to the 
                Committee on Education and Labor of the House of 
                Representatives and the Committee on Health, Education, 
                Labor, and Pensions of the Senate not later than 1 year 
                after the date of the enactment of this Act that 
                contains a description of the activities taken by the 
                Secretary to comply with the requirements of 
                subparagraph (C); and''.
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