§587-89 - Drug-affected infants; treatment; family referral; federal grants.

     [§587-89]  Drug-affected infants; treatment; family referral; federal grants.  (a)  In conformity to the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) as amended by the Keeping Children and Families Safe Act of 2003 (Public Law 108-36), the department of human services shall implement and operate a statewide program relating to child abuse and neglect that includes:

     (1)  Policies and procedures, including but not limited to appropriate referrals to child protective service systems and other appropriate services, to address the needs of infants born and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure, including a requirement that health care providers involved in the delivery or care of an affected infant notify child protective services of the occurrence of the condition in the infant; provided that the notification shall not be construed to require criminal prosecution for any illegal action;

     (2)  Development of a plan of safe care for the infant born and identified as being affected by illegal substance abuse or withdrawal symptoms; and

     (3)  Triage procedures for the appropriate referral to a community organization or voluntary preventive service for a child who is not at-risk of imminent harm and for the child's family.

     (b)  The department of human services, under the Keeping Children and Families Safe Act of 2003 and subsequent federal laws, shall:

     (1)  Seek available federal grants and prepare and submit a state plan for the purposes thereof;

     (2)  Ensure that federal reporting requirements are adhered to; and

     (3)  Adopt rules pursuant to chapter 91 necessary to obtain grants. [L 2004, c 210, §2]