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

Definitions
Citation: Ann. Code §§ 80-1-102(86); 80-2-603; Admin. Code R512-80-2; DCFS Prac. Guidelines, § 2

Except as provided in § 80-2-603, the term 'substance abuse' means the misuse or excessive use of alcohol or other drugs or substances.

The term 'substance abuse' does not include the use of drugs or other substances that are obtained by lawful prescription and used as prescribed or obtained in accordance with title 26b, chapter 4, part 2, cannabinoid research and medical cannabis, and used as recommended by a recommending medical provider.

In regulation: 'Fetal exposure to alcohol or other harmful substances' means a condition in which a newborn is adversely affected by the child's mother's substance abuse during pregnancy, has fetal alcohol syndrome or fetal alcohol spectrum disorder, or demonstrates drug or alcohol withdrawal symptoms. Newborn withdrawal symptoms due to medications taken by the mother as legally prescribed, without indication of misuse, are expected and do not constitute fetal exposure.

In policy: 'Fetal alcohol spectrum disorder' (FASD) refers to a broader array of impairments than are reported for children suffering from fetal alcohol syndrome. In FASD, children exposed to alcohol in the womb may exhibit one or more of the following characteristics or behaviors: 

• Inadequate growth in the womb or after birth
• Facial abnormalities, such as small eye openings
• Poor coordination
• Hyperactive behavior
• Learning disabilities (e.g., speech and language delays)
• Mental retardation or low IQ
• Poor reasoning and judgment skills

Notification/Reporting Requirements
Citation: Ann. Code § 80-2-603

A health-care provider who attends the birth of a newborn child or cares for a newborn child and determines the following shall report the determination to the division as soon as possible:

• Any of the following apply to the newborn child:
  • The child is adversely affected by their mother's substance abuse during pregnancy.
  • The child has fetal alcohol syndrome or fetal alcohol spectrum disorder.
  • The child demonstrates drug or alcohol withdrawal symptoms.
• The parent of the newborn child or a person responsible for the child's care demonstrates functional impairment or an inability to care for the child because of the parent's or person's substance abuse.

Assessment of the Infant and Family
Citation: Ann. Code § 80-2-701

The division shall make a thorough preremoval investigation upon receiving either a report under § 80-2-603 if there is reasonable cause to suspect that a situation of abuse, neglect, fetal alcohol syndrome, or fetal drug dependency exists. The primary purpose of the investigation shall be the protection of the child.

The division shall use an interdisciplinary approach when appropriate in dealing with reports made under this part. The division shall convene a child protection team to assist the division in the division's protective, diagnostic, assessment, treatment, and coordination services. The division may include members of a child protection team in the division's protective, diagnostic, assessment, treatment, and coordination services.

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: Admin. Code R523-2-3

Programs providing substance use disorder treatment services with Federal, State, and local matching funds shall provide priority admission to the following populations in the following order of priority:

• Pregnant females who use drugs by injection
• Pregnant females who use substances
• Other persons who use drugs by injection
• Substance-using females with dependent children and their families, including women who are attempting to regain custody of their children
• Any other client with a substance use disorder, regardless of gender or route of use

Monitoring Plans of Safe Care

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