State agencies remain confused about a federal law requiring them to
report drug-affected infants to child protective services - not to
punish mothers but to help families and ensure the child’s safety,
the GAO says. Thirty-eight states said more guidance would be
“extremely to very helpful,” according to the report.
The GAO report was sparked by a 2015 Reuters investigation showing a
growing number of newborns diagnosed with drug-withdrawal syndrome
from opioids. Thousands of infants were sent home from hospital
without the “plan of safe care” required by a 2003 federal law, the
news agency found.
(Read the Reuters investigation
https://www.reuters.com/
investigates/special-report/baby-opioids/)
Reuters also found 110 cases of children since 2010 who were exposed
to opioids while in the womb and who later died preventable deaths
at home. Those deaths were largely accidental but typically at the
hand of a parent battling addiction.
The report comes on the eve of a U.S. Senate committee hearing
Thursday on opioids and children.
Senator Robert Casey of Pennsylvania, the top Democrat on the
children and families subcommittee, requested the report. He said he
is drafting legislation for a grant program to help families dealing
with opioid addiction.
“Every player in this effort has to be part of the strategy to focus
on infants,” Casey said in an interview Wednesday.
Absent a specific threat to a newborn’s safety, the GAO found, some
hospitals and state agencies don’t want to inform child protective
services about infants born with drugs in their systems, so long as
the mother is taking prescribed opioids such as methadone or
hydrocodone.
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“Health-care providers tend to view child welfare involvement as
punitive rather than a potential resource for the family,” one state
official told the GAO, the watchdog arm of Congress. Another said
reporting those cases would “further strain limited resources” on
“infants at low risk of abuse or neglect.”
In a response contained in the report, the Department of Health and
Human Services rejected the GAO's recommendation of greater federal
guidance, saying it was already doing enough to advise states. The
health agency said states needed “flexibility” to decide which
infants are “affected by” substance abuse and to define a “plan of
safe care.”
Child safety advocates remain concerned.
“States are sending up so many distress signals, and the federal
government seems oblivious,” said Cathleen Palm, founder of the
nonprofit Center for Children’s Justice in Pennsylvania.
Stephen Patrick, a Vanderbilt University pediatrics expert, is
scheduled to testify at the Senate committee hearing. “Our efforts
focused on pregnant women and infants impacted by the opioid
epidemic need to be better coordinated and funded,” Patrick said.
Former U.S. Representative Jim Greenwood, a Republican from
Pennsylvania who proposed the 2003 federal law for babies born
affected by drugs, said every state needs to ensure that those cases
are reported to child protective services.
“They are the ones who can help these mothers find the social
services they need for their babies to be safe,” he said.
(Reported By Duff Wilson. Edited by Blake Morrison.)
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