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

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Definitions

Citation: Ann. Stat. § 626.556, Subd. 2

The term 'neglect' includes prenatal exposure to a controlled substance, as defined in § 253B.02, subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance; or the presence of a fetal alcohol spectrum disorder.

Notification/Reporting Requirements

Citation: Ann. Stat. §§ 626.5561, Subd.1; 626.5562

A mandated reporter shall immediately report to the local welfare agency when there is reason to believe that a pregnant woman has used a controlled substance for a nonmedical purpose, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive. An oral report shall be made immediately by telephone or otherwise. An oral report made by a mandated reporter shall be followed within 72 hours by a written report. Any report shall be of sufficient content to identify the pregnant woman, the nature and extent of the use, if known, and the name and address of the reporter. The local welfare agency shall accept a report, notwithstanding refusal by a voluntary reporter to provide the reporter's name or address, as long as the report is otherwise sufficient.

A physician shall administer a toxicology test to a mother within 8 hours after delivery to determine whether there is evidence that she has ingested a controlled substance if the woman has obstetrical complications that are an indication of possible use of a controlled substance for a nonmedical purpose. A physician shall administer a toxicology test to each newborn infant born under the physician's care to determine whether there is evidence of prenatal exposure to a controlled substance, if the physician has reason to believe based on a medical assessment of the mother or the infant that the mother used a controlled substance for a nonmedical purpose during the pregnancy. If the results of either test are positive, the physician shall report the results as neglect under § 626.556.

Assessment of the Infant and Family

Citation: Ann. Stat. § 626.5561, Subd. 2

Upon receipt of a report, the local welfare agency immediately shall conduct an appropriate assessment and offer services indicated under the circumstances.

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

Citation: Ann. Stat. § 626.5561, Subd. 2

The services offered may include, but are not limited to, a referral for chemical dependency assessment; a referral for chemical dependency treatment, if recommended; and a referral for prenatal care.

Monitoring Plans of Safe Care

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