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An Act To Ensure the Safety and Well-being of Infants Affected by Substance Exposure
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §4002, sub-§5-B, as enacted by PL 2013, c. 192, §1, is amended to read:
 
5-B. Fetal alcohol spectrum disorder.   "Fetal alcohol spectrum disorders"disorder" means conditionsa condition whose effects include having facial characteristics, growth restriction, central nervous system abnormalities or other characteristics consistent with prenatal alcohol exposure identified in a child from birth to 12 months of age.
Sec. 2. 22 MRSA §4004-B, as amended by PL 2017, c. 407, Pt. A, §83, is further amended to read:
§ 4004-B.Infants born affected by substance use disorder or after prenatal exposure to drugs or with a fetal alcohol spectrum disorder
The department shall act to protect infants born identified as being affected by illegal substance use, demonstratingor withdrawal symptoms resulting from prenatal drug exposure, whether the prenatal exposure was to legal or illegal drugs, or having a fetal alcohol spectrum disordersdisorder, regardless of whether the infant is abused or neglected. The department shall:
 
1. Receive notifications.   Receive notifications of infants who may be affected by illegal substance use or demonstrating withdrawal symptoms resulting from prenatal drug exposure or who have a fetal alcohol spectrum disordersdisorder;
 
2. Investigate.   Promptly investigate notifications received of infants born who may be affected by illegal substance use or demonstrating withdrawal symptoms resulting from prenatal drug exposure or who have a fetal alcohol spectrum disordersdisorder as determined to be necessary by the department to protect the infant;
 
3. Determine if infant is affected.   Determine whether each infant for whom the department conducts an investigation is affected by illegal substance use, demonstratesor withdrawal symptoms resulting from prenatal drug exposure or has a fetal alcohol spectrum disordersdisorder;
 
4. Determine if infant is abused or neglected.   Determine whether the infant for whom the department conducts an investigation is abused or neglected and, if so, determine the degree of harm or threatened harm in each case;
 
5. Develop plan for safe care.   For each infant whomwho the department determines to be affected by illegal substance use, to be demonstratingor withdrawal symptoms resulting from prenatal drug exposure or to havewho has a fetal alcohol spectrum disordersdisorder, develop, with the assistance of any health care provider involved in the mother'scaregiver's or the child's medical or mental health care, a plan for the safe care of the infant and, in appropriate cases, refer the child or mothercaregiver or both to a social service agency, a health care provider or a voluntary substance use disorder prevention service; and. For purposes of this subsection, "health care provider" means a person described in section 4011-A, subsection 1, paragraph A, subparagraphs (1) to (10), (15), (17) to (20) or (22); and
 
6. Comply with section 4004.   For each infant whomwho the department determines to be abused or neglected, comply with section 4004, subsection 2, paragraphs E and F.
Sec. 3. 22 MRSA §4011-B, as amended by PL 2017, c. 407, Pt. A, §84, is further amended to read:
§ 4011-B.Notification of prenatal exposure to drugs or having a fetal alcohol spectrum disorder
 
1. Notification of prenatal exposure to drugs or having a fetal alcohol spectrum disorder.   A health care provider involved in the delivery or care of an infant who the provider knows or has reasonable cause to suspect has been born affected by illegal substance use, is demonstratinghas withdrawal symptoms that require medical monitoring or care beyond standard newborn care when those symptoms have resulted from or have likely resulted from prenatal drug exposure, whether the prenatal exposure was to legal or illegal drugs, or has a fetal alcohol spectrum disordersdisorder shall notify the department of that condition in the infant. The notification required by this subsection must be made in the same manner as reports of abuse or neglect required by this subchapter.
 
A. This section, and any notification made pursuant to this section, may not be construed to establish a definition of "abuse" or "neglect."
 
B. This section, and any notification made pursuant to this section, may not be construed to require prosecution for any illegal action, including, but not limited to, the act of exposing a fetus to drugs or other substances.
 
2. Definition.   For purposes of this section, "health care provider" means a person described in section 4011-A, subsection 1, paragraph A, subparagraphs (1) to (10), (15), (17) to (20) or (22) or any person who assists in the delivery or birth of a child for compensation, including, but not limited to, a midwife.
 
SUMMARY
This bill modifies reporting requirements and the Department of Health and Human Services' responsibility for establishment of a plan of safe care to include infants affected by substance use regardless of whether the mother's substance use was legal or illegal. In addition, this bill clarifies provisions regarding withdrawal symptoms so that the infant is no longer required to demonstrate withdrawal symptoms and instead is required to be affected by withdrawal symptoms. This bill also changes the requirement for the safe plan of care to require that service referrals be made not just for a mother but for any caregivers of the infant. These changes reflect changes in the federal Child Abuse Prevention and Treatment Act.