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

Definitions
Citation: Rev. Stat. Tit. 22, § 4002

The term 'fetal alcohol spectrum disorder' (FASD) means a condition whose effects include having facial characteristics, growth restriction, central nervous system abnormalities, or other characteristics consistent with prenatal alcohol exposure identified in a child from birth to 12 months of age.

Notification/Reporting Requirements
Citation: Rev. Stat. Tit. 22, § 4011-B

A health-care provider involved in the delivery or care of an infant whom the provider knows or has reasonable cause to suspect has been born affected by substance use; has withdrawal symptoms that require medical monitoring or care beyond standard newborn care when those symptoms have resulted from or have likely resulted from prenatal drug exposure, whether the prenatal exposure was to legal or illegal drugs, or has FASD, shall notify the Department of Health and Human Services of that condition in the infant. The notification required by this subsection must be made in the same manner as reports of abuse or neglect required by this subchapter.

This section and any notification made pursuant to this section may not be construed to establish a definition of 'abuse' or 'neglect.'

This section, and any notification made pursuant to this section, may not be construed to require prosecution for any illegal action, including, but not limited to, the act of exposing a fetus to drugs or other substances.

Assessment of the Infant and Family
Citation: Rev. Stat. Tit. 22, § 4004-B

The department shall act to protect infants born identified as being affected by substance use or withdrawal symptoms resulting from prenatal drug exposure, whether the prenatal exposure was to legal or illegal drugs, or having FASD, regardless of whether the infant is abused or neglected. The department shall do the following:

• Receive notifications of infants who may be affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or who have a fetal alcohol spectrum disorder
• Promptly investigate notifications received of infants born who may be affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or who have a fetal alcohol spectrum disorder as determined to be necessary by the department to protect the infant
• Determine whether each infant for whom the department conducts an investigation is affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or has a fetal alcohol spectrum disorder
• Determine whether the infant for whom the department conducts an investigation is abused or neglected and, if so, determine the degree of harm or threatened harm in each case

Responsibility for Development of the Plan of Safe Care
Citation: Rev. Stat. Tit. 22, § 4004-B(5)

For each infant who is determined to be affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or who has an FASD, the department shall develop, with the assistance of any health-care provider involved in the caregiver's or the child's medical or mental health care, a plan of care for the infant and, in appropriate cases, refer the child or caregiver or both to a social service agency, a health-care provider, or a voluntary substance use disorder prevention service.

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.