Prenatal Drug Exposure in the United States

The Child Abuse Prevention and Treatment Act (CAPTA) requires States to have policies and procedures in place to notify child protective services (CPS) agencies of substance-exposed newborns (SENs) and to establish a plan of safe care for newborns identified as being affected by illegal substance abuse or having withdrawal symptoms resulting from prenatal drug exposure. (42 U.S.C. § 5106a(b), as amended by the CAPTA Reauthorization Act of 2010 (P.L. 111-320))

Several States currently address this requirement in their statutes. Approximately 19 States and the District of Columbia have specific reporting procedures for infants who show evidence at birth of having been exposed to drugs, alcohol, or other controlled substances; 14 States and the District of Columbia include this type of exposure in their definitions of child abuse or neglect. (Alaska, Arizona, Arkansas, California, Illinois, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, Oklahoma, Pennsylvania, Utah, and Virginia have enacted specific reporting procedures for drug-exposed infants. Arizona, Arkansas, Colorado, Florida, Illinois, Indiana, Louisiana, Minnesota, North Dakota, South Carolina, South Dakota, Texas, Virginia, and Wisconsin include exposure of infants to drugs in their definitions of child abuse or neglect).

Some States specify in their statutes the response the CPS agency must make to reports of SENs. Maine requires the State agency to develop a plan of safe care for the infant. California, Maryland, Minnesota, Missouri, Nevada, Pennsylvania, and the District of Columbia require the agency to complete an assessment of needs for the infant and for the infant’s family and to make a referral to appropriate services. Illinois and Minnesota require mandated reporters to report when they suspect that pregnant women are substance abusers so that the
women can be referred for treatment. (1)

Resources

Notes

1. Child Welfare Information Gateway. (2016). Parental drug use as child abuse. Washington, DC: U.S. Department of Health and Human Services, Children’s Bureau.