An Act To Support New Mothers Who Are in Substance Abuse Treatment Programs
Maine Legislature, Session 124, LD 0362
Committee: Health and Human Services
Sponsors: BARTLETT
Amends: 22 MRSA §4004-B

MAINE STATE LEGISLATURE 
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124th MA 
E LEGISLATURE 
FIRST PillGULAR SESSION=2009 
Legislative Document 
No. 362 
S.P. 126 
In Senate, February 5, 2009 
An Act To Support New Mothers Who Are in Substance Abuse 
Treatment Programs 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator BARTLETT of Cumberland. 
Printed on recycled paper 
9rf)CJ~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRS A §4004-B, sub-§l, as enacted by PL 2003, c. 673, Pt. Z, § 1, 
is amended to read: 
1. Receive reports. Receive reports of infants who may be affected by illegal 
substance abuse or suffering from withdrawal symptoms resulting from prenatal drug 
exposure. This subsection does not apply to infants born to mothers who are actively 
enrolled in a substance abuse treatment and recovery program licensed under Title 5, 
chapter 521; 
Sec. 2. 22 MRSA §4004-B, sub-§4, as enacted by PL 2003, c. 673, Pt. Z, §1, 
is amended to read: 
4. Determine if infant is abused or neglected. Determine whether or not the 
infant reported is abused or neglected and, if so, determine the degree of harm or 
threatened harm in each case; 
Sec. 3. 22 MRSA §4004-B, sub-§5, as enacted by PL 2003, c. 673, Pt. Z, §l, 
is amended to read: 
5. Develop plan for safe care. For each infant reported whom the department 
determines to be affected by illegal substance abuse or to be suffering from 
withdrawal symptoms resulting from prenatal drug exposure, develop, with the 
assistance of any health care provider involved in the mother's or the child's medical 
or mental health care, a plan for the safe care of the infant and, ill appropriate cases, 
refer the child or mother or both to a social service agency or voluntary substance 
abuse prevention service; and 
Sec. 4. 22 MRSA §4004-B, sub-§6, as enacted by PL 2003, c. 673, Pt. Z, § 1, 
is amended to read: 
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6. Comply with section 4004. For each infant reported whom the department 
determines to be abused or neglected, comply with section 4004, subsection 2, 
paragraphs E and F. 
SUMMARY 
This bill amends the provISIOns of child protection law that require the 
Department of Health and Human Services to receive reports of infants who may be 
affected by illegal substance abuse or suffering from withdrawal symptoms from 
prenatal drug exposure. The bill establishes an exception for infants born to mothers 
who are actively enrolled in licensed substance abuse programs and, consistent with 
this exception, limits the department's duties to infants who are reported under the 
law. 
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