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President Signs Bipartisan, Bicameral Bill to Combat Opioid Epidemic

New law includes reforms to strengthen protections for infants born with drug exposure

Education and the Workforce Committee Chairman John Kline (R-MN) and Rep. Lou Barletta (R-PA) issued the following statements after President Obama signed into law the Comprehensive Addiction and Recovery Act of 2016 (S. 524), a bipartisan, bicameral agreement to fight the nation’s growing opioid epidemic. Included in the law is a legislative proposal, the Infant Plan of Safe Care Improvement Act (H.R. 4843), that will strengthen protections for infants born with drug exposure. Championed by Reps. Barletta and Katherine Clark (D-MA), the proposal requires the Department of Health and Human Services to better ensure states are meeting current child welfare requirements.

“This legislation attacks the opioid epidemic from all angles, from education and prevention to taking care of the most innocent victims—babies born into addiction,” Rep. Barletta said. “The opioid crisis hits all segments of American society and strikes in every city, county, and town in this country. This is a comprehensive approach, and one that goes right to the heart of the problem.”

“A recent Reuters investigation helped shine light on the painful, and even deadly, consequences suffered by infants born to parents struggling with addiction,” Chairman Kline said. “Because of their efforts, and the work of Republicans and Democrats, new policies are in place that will help these children and mothers receive the care they desperately need. These reforms are an important part of our broader efforts to combat the nation’s opioid epidemic and provide these vulnerable families a better chance at a brighter future.”

BACKGROUND: The Child Abuse Prevention and Treatment Act (CAPTA) was enacted in 1974 to coordinate federal efforts to prevent and respond to child abuse and neglect. The law provides states with resources to improve their child protective services systems. In order to receive funds under CAPTA, states have to assure the Department of Health and Human Services that they have implemented certain child welfare policies. Such policies include requiring health care providers to notify state child protective services agencies when a child is born with prenatal illegal substance exposure, as well as requiring the development of a “safe care plan” to protect these newborns and keep them and their caregivers healthy.

A 2015 Reuters investigation examined the care infants receive when born to parents struggling with opioid addiction. The investigation revealed the department is providing federal funds to states that do not have the necessary child welfare policies in place—resulting in sometimes deadly consequences. To address these concerns, Reps. Barletta and Clark introduced H.R. 4843, the Infant Plan of Safe Care Improvement Act, which was passed by the House of Representatives in May by a vote of 421 to 0. As adopted by the House-Senate conference committee, the proposal:
 
  • Strengthens protections for infants born with both illegal and legal substance exposure by clarifying the intent of safe care plans;

  • Requires the department to review and confirm states have put in place CAPTA policies required under the law;

  • Improves accountability related to the care of infants and their families by requiring additional information be shared on the incidents of infants born with drug exposure and their subsequent care;

  • Ensures the secretary provides states with best practices for developing plans to keep infants and their caregivers healthy and safe;

  • Encourages the use of information made available through other child welfare laws in verifying CAPTA compliance; and

  • Prevents the department from adding new requirements to state assurances and plans.

 

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