Plans of Safe Care for Infants With Prenatal Substance Exposure and Their Families - Penobscot Nation

Definitions
Citation: Tribal Code Ch. 15, Subch. 1, § 2(23)(D)

The term 'jeopardy' means serious abuse or neglect, as evidenced by prenatal drug exposure.

Notification/Reporting Requirements
Citation: Tribal Code Ch. 15, Subch. 2, § 1(7)

A health-care provider, including a home-birth midwife, involved in the delivery or care of an infant who the provider knows or has reasonable cause to suspect has been born affected by illegal substance abuse or is suffering from withdrawal symptoms resulting from prenatal drug exposure, regardless of whether the prenatal exposure was to legal or illegal drugs, shall notify the Penobscot Nation Department of Social Services of that condition in the infant. The report 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 abuse or neglect and 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. The department shall respond in accordance with subchapter 1, § 5(2).

Assessment of the Infant and Family
Citation: Tribal Code Ch. 15, Subch. 1, § 5(2)

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

• Receive reports of infants who may be affected by illegal substance abuse or suffering from withdrawal symptoms resulting from prenatal drug exposure
• Promptly investigate all reports received of infants born who may be affected by illegal substance abuse or suffering from withdrawal symptoms resulting from prenatal drug exposure
• Determine whether the infant is affected by illegal substance abuse or suffers from withdrawal symptoms resulting from prenatal drug exposure
• Determine whether the infant 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: Tribal Code Ch. 15, Subch. 1, § 5(2)

For each infant who is determined to be affected by illegal substance abuse or to be suffering from withdrawal symptoms resulting from prenatal drug exposure, develop, with the assistance of any health-care provider involved in the mother's or the child's medical or mental health care, a safety plan for the infant and, in appropriate cases, refer the child or mother or both to a social service agency or voluntary substance abuse prevention or treatment services.

Services for the Infant
Citation: Tribal Code Ch. 15, Subch. 1, § 4(5)

The court may order that the child receive treatment or services to ameliorate the circumstance related to jeopardy.

Services for the Parents or Other Caregivers
Citation: Tribal Code Ch. 15, Subch. 1, § 2(31)(D); 4(5)

Reasonable efforts to prevent the removal of a child from their home or reunify a child with their parents after removal may include substance abuse, after-care services, and mental health counseling.

The court may order either of the following: 

• Departmental supervision of the child and family in the child's home
• That the parents or other appropriate family members accept treatment or services to ameliorate the circumstance related to the jeopardy

Monitoring Plans of Safe Care

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