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Home > Systemwide > Service Array > Substance Abuse > Overview > Legislation and Policies Addressing Substance Abuse
Legislation and Policies Addressing Substance Abuse
Find resources that address the topic of substance abuse and child welfare in Federal and State legislation and policies.
Federal legislation
Methamphetamine: Background, Prevalence, and Federal Drug Control Policies (PDF - 217 KB)
Congressional Research Service (2007)
Analyzes the prevalence of methamphetamine use, summarizes past congressional efforts to address the problem, and provides recommendations to control illicit methamphetamine use and production.
Prenatal Substance Exposure (PDF - 1000 KB)
National Abandoned Infants Assistance Resource Center (2008)
Includes a review of legislation addressing prenatal substance use in the areas of testing, reporting, prosecution, and receipt of welfare benefits for pregnant women who use drugs.
Substance Abuse and Child Welfare
National Child Welfare Resource Center for Organizational Improvement (2002)
View Abstract
Examines policy, program, and treatment implications as they relate to the Adoption and Safe Families Act.
Substance Exposed Infants: Noteworthy Policies and Practices (PDF - 145 KB)
National Abandoned Infant Assistance Resource Center (2006)
Outlines relevant policy issues and challenges facing States regarding in utero substance exposure and highlights the efforts of some States to address the issues.
Substance-Exposed Newborns: New Federal Law Raises Some Old Issues (PDF - 116 KB)
National Conference of State Legislatures (2004)
Describes the Federal law intended to protect children who are affected by prenatal exposure to illegal drugs, provides an overview of existing State reporting laws, discusses the role of child protective services, and highlights the importance of prevention.
Understanding Patterns of Substance Abuse Treatment for Women Involved With Child Welfare: The Influence of the Adoption and Safe Families Act (ASFA)
Green, Rockhill, & Furrer
American Journal of Drug and Alcohol Abuse, 32(2), 2006
View Abstract
Uses statewide administrative data collected before and after the implementation of ASFA to explore its impact on patterns of treatment service utilization by child welfare-involved clients.
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State statutes series publications
Parental Drug Use as Child Abuse
Abuse of drugs or alcohol by parents and other caregivers can have negative effects on the health, safety, and well-being of children. Approximately 47 States, the District of Columbia, Guam, and the U.S Virgin Islands have laws within their child protection statutes that address the issue of substance abuse by parents. Two areas of concern are the harm caused by prenatal drug exposure and the harm caused to children of any age by exposure to illegal drug activity in their homes or environment.
Definitions of Child Abuse and Neglect
Defines the conduct, acts, and omissions that constitute reportable child abuse or neglect.
Making and Screening Reports of Child Abuse and Neglect
This publication discusses procedures for making reports of suspected child abuse or neglect, the required content of reports, and special reporting procedures for reports of suspicious deaths and substance-exposed newborns. It also discusses criteria for screening reports by child protective services, timeframes for initiating investigations, and differing methods of agency response.
Online Resources for State Child Welfare Law and Policy
Provides links to websites where State statutes and regulations can be accessed and lists the parts of each State and territory's code that contain laws addressing child protection, child welfare, and adoption.
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State laws and policies
Comparative Analysis of State Statutes: Reporting, Assessing, and Intervening With Prenatal Substance Abuse
Kang
Social Policy Journal, 2(4), 2003
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Analysis of statutory requirements in 10 States regarding prenatal substance abuse reporting, related healthcare assessments, and State interventions with reported women and their families.
Drug Endangered Children (PDF - 325 KB)
American Prosecutors Research Institute (2007)
Overview of legislation designed to protect children endangered by drug use.
State Responses to Maternal Drug and Alcohol Use: An Update
National Conference of State Legislatures (2000)
Highlights the efforts of States coping with prenatal drug use, and includes a compendium of State laws on the topic.
State Responses to Substance Abuse Among Pregnant Women (PDF - 636 KB)
Guttmacher Institute (2000)
State responses to substance abuse among pregnant women, including a table of State laws that address the needs of pregnant women who use drugs.
Treatment of Alcohol and Other Substance Use Disorders: What Legislators Need to Know (PDF - 5470 KB)
National Conference of State Legislatures (2004)
Designed for State legislators and their staff, this report provides information on the prevalence of substance abuse and strategies for treatment, and includes a checklist for evaluating a State's treatment system and a list of national resources on the topic.
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