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

Date: August 2019

Definitions

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

Notification/Reporting Requirements

Citation: Ann. Stat. § 191.737

Effective August 28, 2019: Notwithstanding the physician-patient privilege, any physician or health-care provider may refer to the Children's Division families in which children may have been exposed to a controlled substance or alcohol, as evidenced by a written assessment, made or approved by a physician, health-care provider, or by the division, that documents the child as being at risk of abuse or neglect and either of the following apply:

  • Medical documentation of signs and symptoms consistent with controlled substances or alcohol exposure in the child at birth
  • Results of a confirmed toxicology test for controlled substances performed at birth on the mother or the child

Notwithstanding the physician-patient privilege, any physician or health-care provider shall refer to the division families in which infants are born and identified as affected by substance abuse, withdrawal symptoms resulting from prenatal drug exposure, or a fetal alcohol spectrum disorder (FASD), as evidenced by either of the following:

  • Medical documentation of signs and symptoms consistent with controlled substances or alcohol exposure in the child at birth
  • Results of a confirmed toxicology test for controlled substances performed at birth on the mother or the child

Nothing in this section shall preclude a physician or other mandated reporter from reporting abuse or neglect of a child as required pursuant to the provisions of § 210.115.

Assessment of the Infant and Family

Citation: CW Man. § 7, ch. 1, glossary

Newborn crisis assessment: In these cases, a home assessment is requested by a physician or health-care provider when the provider has serious reservations about releasing an infant from the hospital who may be sent home to a potentially dangerous situation. Many times, a drug-involved mother may continue using drugs, so an assessment of the home situation is needed prior to or at the time the infant is released from the hospital. There also may be other nondrug related situations in which a physician or health-care provider is concerned about releasing a newborn infant from the hospital. Nondrug-involved referrals will be accepted until the child is 1 year of age.

Responsibility for Development of the Plan of Safe Care

Citation: Ann. Stat. § 191.739

The Department of Social Services shall provide protective services for children that meet the criteria established in § 191.737. In addition, the department may provide preventive services for children that meet the criteria established in § 191.737.

No department shall cease providing services for any child exposed to substances when a physician or health-care provider has made or approved a written assessment that documents the child as being at risk of abuse or neglect until a physician or health-care provider authorizes such file to be closed.

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.