Maine Revised Statutes Title 22 Sec. 4004-B – Infants born affected by substance use disorder or after prenatal exposure to drugs or with a fetal alcohol spectrum disorder
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The department shall act to protect infants born identified as being affected by substance use or withdrawal symptoms resulting from prenatal drug exposure, whether the prenatal exposure was to legal or illegal drugs, or having a fetal alcohol spectrum disorder, regardless of whether the infant is abused or neglected. The department shall: [PL 2019, c. 342, §2 (AMD).]
1. Receive notifications. Receive notifications of infants who may be affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or who have a fetal alcohol spectrum disorder;
[PL 2019, c. 342, §2 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 4004-B
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Fetal alcohol spectrum disorder: means a 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. See Maine Revised Statutes Title 22 Sec. 4002
- Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Person: means an individual, corporation, facility, institution or agency, public or private. See Maine Revised Statutes Title 22 Sec. 4002
2. Investigate. Promptly investigate notifications received of infants born who may be affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or who have a fetal alcohol spectrum disorder as determined to be necessary by the department to protect the infant;
[PL 2019, c. 342, §2 (AMD).]
3. Determine if infant is affected. Determine whether each infant for whom the department conducts an investigation is affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or has a fetal alcohol spectrum disorder;
[PL 2019, c. 342, §2 (AMD).]
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;
[PL 2013, c. 192, §2 (AMD).]
5. Develop plan for safe care. For each infant who the department determines to be affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or who has a fetal alcohol spectrum disorder, develop, with the assistance of any health care provider involved in the caregiver’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 caregiver or both to a social service agency, a health care provider or a voluntary substance use disorder prevention service. 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
[PL 2019, c. 342, §2 (AMD).]
6. Comply with section 4004. For each infant who the department determines to be abused or neglected, comply with section 4004, subsection 2, paragraphs E and F.
[PL 2019, c. 342, §2 (AMD).]
SECTION HISTORY
PL 2003, c. 673, §Z1 (NEW). PL 2013, c. 192, §2 (AMD). PL 2017, c. 407, Pt. A, §83 (AMD). PL 2019, c. 342, §2 (AMD).