Comprehensive Addiction and Recovery Act of 2016 - P.L. 114-198

Date: July 2016

Overview

S. 524
Enacted July 22, 2016
Purpose: To address various aspects of substance use disorders, particularly opioid use disorder, with (1) provisions that affect multiple agencies and systems, including the addition of various requirements regarding the Child Abuse Prevention and Treatment Act (CAPTA) and (2) the act's title V (Addiction and Treatment Services for Women, Families, and Veterans) to help States address the effects of substance use disorders on infants, children, and families

Note: The Children's Bureau offers guidance on the provisions of this legislation in Information Memorandum ACYF-CB-IM-16-05, issued August 16, 2016; Program Instruction ACYF-CB-PI-17-02, issued January 17, 2017; and Program Instruction ACYF-CB-PI-17-05, issued April 10, 2017.

Major Provisions of the Act

Amended CAPTA in the following ways:

  • Required the Secretary of Health and Human Services (HHS), through the national clearinghouse established under CAPTA (42 U.S.C. § 5104), to maintain and disseminate information about the CAPTA State plans and best practices related to plans of safe care for infants born and identified as being affected by substance use or withdrawal symptoms or a fetal alcohol spectrum disorder
  • Modified the CAPTA State plan requirement of 42 U.S.C. § 5106a for plans of safe care for infants born and identified as being affected by substance use or withdrawal symptoms or fetal alcohol spectrum disorder to add the following requirements for the State:
    • Ensure the safety and well-being of infants following their release from the care of health-care providers by (1) addressing the health and substance use disorder treatment needs of the infant and affected family member or caregiver and (2) monitoring these plans to determine whether and how local entities are making referrals and delivering appropriate services to the infant and affected family member or caregiver (in accordance with State requirements)
    • Develop plans of safe care for infants affected by all substance use (not just illegal substance use, as was the requirement prior to this change)
  • Required States to report the following, to the maximum extent practicable, in the National Child Abuse and Neglect Data System:
    • Number of infants identified as being affected by (1) substance use or withdrawal symptoms resulting from prenatal drug exposure or (2) a fetal alcohol spectrum disorder
    • Number of infants with safe care plans
    • Number of infants for whom service referrals were made, including services for the affected parent or caregiver
  • Required the HHS Secretary to monitor States to ensure compliance with the requirements of section 42 U.S.C. § 5106a, with a specific focus on the policies and procedures related to plans of safe care, by conducting activities, in addition to the State plan review, such as the following:
    • A comparison of activities carried out by the State to comply with the requirements of 42 U.S.C. § 5106a with the State plan most recently approved under § 432 of the Social Security Act (title IV-B, subpart 2)
    • A review of information available on the State's website relating to its compliance with the requirements of 42 U.S.C. § 5106a
    • Site visits, as may be necessary to carry out such monitoring
    • A review of information available in the State's Annual Progress and Services Report