Substance use disorders (SUDs)—including the misuse of drugs or alcohol—that affect parents and other caregivers can have negative effects on the health, safety, and well-being of children. All States, the District of Columbia, Guam, the U.S. Virgin Islands, and some Tribes have provisions within their child protection statutes, regulations, policies, or Tribal codes that address substance use by parents. One major concern is responding to the care and treatment needs of infants exposed to substances. Another major concern is addressing the harm that a child of any age can suffer when a parent’s use of alcohol or other substances leads to neglect of the child or the child’s exposure to illegal drug activity. This publication is based on an analysis of the statutes, regulations, policies, and Tribal codes regarding requirements for responding to reports of children affected by parental substance use that were collected from all States, the District of Columbia, the U.S. Territories, and Tribes with approved title IV-E programs.
Infants Exposed To Substances
The Child Abuse Prevention and Treatment Act requires States to operate programs relating to child abuse and neglect that include the following:
- Policies and procedures—including appropriate referrals to child protection service (CPS) systems and for other appropriate services—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 (FASD), including a requirement that health-care providers involved in the delivery or care of such infants notify the CPS system of the occurrence of such condition in such infants
- The development of a plan of safe care for the infant born and identified as being affected by substance use or withdrawal symptoms or an FASD to ensure the safety and well-being of such infant following their release from the care of health-care providers, including through addressing the health and SUD treatment needs of the infant and affected family or caregiver