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

Date: August 2019


Citation: Admin. Code Tit. 40, § 700.465

The term 'neglectful supervision' includes the prenatal use of alcohol or a controlled substance that was not lawfully prescribed by a medical practitioner, was lawfully prescribed as a result of the mother seeking out multiple health-care providers as a means of exceeding ordinary dosages, or was not being used in accordance with a lawfully issued prescription. The pregnant mother is responsible for neglectful supervision under this section if the following apply:

  • The mother knew or reasonably should have known she was pregnant.
  • It appears that the mother's use endangered the physical and emotional well-being of the infant. It is not necessary that the infant actually suffer injury.

For the limited purpose of this paragraph, the term 'endangered' means that the pregnant mother's use exposed the infant to loss or injury or jeopardized the infant's emotional or physical health. 'Endangered' includes, but is not limited to, a consideration of the following factors:

  • Evidence the mother extensively used alcohol or regularly or extensively used a controlled substance over the course of the pregnancy or in close proximity to the child's expected birth date
  • Evidence that the mother has an alcohol or drug addiction
  • Evidence that the infant was at a substantial risk of immediate harm from the mother's use of alcohol or a controlled substance

Notification/Reporting Requirements

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

Assessment of the Infant and Family

Citation: CPS Pol. Man. § 1952.1

When a report is received that alleges that a newborn has been exposed to drugs or alcohol, the caseworker must complete a risk assessment within 30 days of the birth of the newborn.

Responsibility for Development of the Plan of Safe Care

Citation: CPS Pol. Man. § 1952.1

The Department of Family and Protective Services may schedule a family team meeting or a family group conference to develop a safety plan for the substance-exposed newborn and his or her family.

Services for the Infant

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

Services for the Parents or Other Caregivers

Citation: CPS Pol. Man. § 1952.1

During a home visit, the caseworker will provide the parent with available information about the following:

  • Infant care and development
  • Safe sleep precautions
  • SIDS reduction
  • Substance abuse
  • Parenting
  • Early Childhood Intervention programs

If services beyond the investigation are provided, the caseworker shall consider referring the mother (or the mother and newborn) to an inpatient substance abuse program.

Monitoring Plans of Safe Care

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