Plans of Safe Care Infants With Prenatal Substance Exposure and Their Families - Kentucky

Definitions

Citation: Rev. Stat. § 222.005; Admin. Regs. Tit. 922, § 1:330

The term 'substance use disorder' means a cluster of cognitive, behavioral, and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems. Criteria for substance use disorder are in the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders.

In regulation: The term 'assessment' means the collection and analysis of information to inform decision-making about or service provision to a child or a family, including the following:

• An observable threat or threatening condition to the child's safety
• A factor present that increases the likelihood of child abuse, neglect, or dependency
• Child or family strengths and protective capacities

Notification/Reporting Requirements

Citation: Rev. Stat. § 214.160

The Cabinet for Health and Family Services shall, as often as necessary, publish a list of the five most frequently abused substances, including alcohol, by pregnant women in the Commonwealth. Any physician and any other person legally permitted to engage in attendance upon a pregnant woman in this State may perform a screening for alcohol or substance dependency or abuse, including a comprehensive history of such behavior. Any physician may administer a toxicology test to a pregnant woman under the physician's care within 8 hours after delivery to determine whether there is evidence that she has ingested alcohol, a controlled substance, or a substance identified on the list provided by the cabinet or if the woman has obstetrical complications that are a medical indication of possible use of any such substance for a nonmedical purpose.

Any physician or person legally permitted to engage in attendance upon a pregnant woman may administer to each newborn infant born under that person's care a toxicology test to determine whether there is evidence of prenatal exposure to alcohol, a controlled substance, or a substance identified on the list provided by the cabinet if the attending person has reason to believe, based on a medical assessment of the mother or the infant, that the mother used any such substance for a nonmedical purpose during the pregnancy.

The circumstances surrounding any positive toxicology finding shall be evaluated by the attending person to determine if abuse or neglect of the infant, as defined under § 600.020, has occurred and whether investigation by the cabinet is necessary.

No prenatal screening for alcohol or other substance abuse or positive toxicology finding shall be used as prosecutorial evidence. No person shall conduct or cause to be conducted any toxicological test pursuant to this section on any pregnant woman without first informing the pregnant woman of the purpose of the test.

Assessment of the Infant and Family

Citation: Admin. Regs. Tit. 922, § 1:330

The cabinet shall investigate or conduct an assessment upon receipt of a report that alleges neglect of a child perpetrated by a caregiver that may result in harm to the health and safety of a child who is at risk of harm if the child is born exposed to drugs or alcohol, as documented by a health-care provider.

Responsibility for Development of the Plan of Safe Care

This issue is not addressed in the statutes and regulations reviewed.

Services for the Infant

This issue is not addressed in the statutes and regulations reviewed.

Services for the Parents or Other Caregivers

This issue is not addressed in the statutes and regulations reviewed.

Monitoring Plans of Safe Care

This issue is not addressed in the statutes and regulations reviewed.