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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
House: HHS DPA 9-0-0-0 |
HB 2530: substance exposure; pregnant women; neglect
Sponsor: Representative Jones, LD 17
Caucus & COW
Overview
Requires the Department of Child Safety (DCS) to refer a pregnant woman to the Department of Health Services (DHS) for referral to a provider for substance use treatment on receipt of a DCS intake hotline report involving substance use. Directs health care professionals to refer a pregnant woman to substance use services and supports to facilitate maternal and infant safety on a finding of the woman using a dangerous or narcotic drug.
History
DCS must operate and maintain a centralized intake hotline to protect children by receiving at all times communications concerning suspected abuse or neglect. If a person communicates suspected abuse or neglect to a DCS employee other than through the hotline, the employee must refer the person or communication to the hotline.
A hotline worker must prepare a DCS report if the identity or current location of the child victim, the child's family or the person suspected of abuse or neglect is known or can be reasonably ascertained and all of the following are alleged: 1) the suspected conduct would constitute abuse or neglect; 2) the suspected victim of the conduct is under 18 years of age; 3) the suspected victim of the conduct is a resident of or present in Arizona; and 4) the person suspected of committing the abuse or neglect is the parent, guardian or custodian of the victim or an adult member of the victim's household (A.R.S. § 8-455).
Any individual who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect that appears to have been inflicted by nonaccidental means must immediately report or cause reports to be made of this information to a peace officer, DCS, tribal law enforcement or social services agency. This duty to report applies to various health care professionals, law enforcement, child welfare workers, religious leaders, family members, supervisors, administrators, school personnel, advocates and any individuals who have responsibility for the care or treatment of the minor.
Specifically, health care professionals who after a routine newborn physical assessment of a newborn infant's health status or following notification of a positive toxicology screen, reasonably believes that the newborn infant may be affected by the presence of alcohol or drugs must immediately report this information on or cause a report to be made to DCS (A.R.S. § 13-3620).
Provisions
2. Specifies that a receipt of a communication involving substance use by a pregnant woman may not result in an investigation of abuse or neglect. (Sec. 1)
3. States that on a finding of a pregnant woman using a dangerous or narcotic drug and subject to the statutory reporting requirements, a licensed or certified health care professional must refer the woman to substance use services and support to facilitate maternal and infant safety. (Sec. 2, 6)
4. Specifies that when determining if a child is neglected, consideration must be given to proof of maternal participation in substance use treatment certified by a health care professional. (Sec. 3)
5. Adds that DCS, in partnership with the Arizona Health Care Cost Containment System, must consider pregnant woman whose substance abuse places her unborn child at risk of prenatal substance exposure when developing community programs for substance abuse treatment assistance. (Sec. 4)
6. Specifies that in addition to the reporting requirements for licensed health care professionals who reasonably believes that a newborn infant may be affected by the presence of alcohol or drugs, they must refer the woman to substance use services and support. (Sec. 5)
7. Makes technical and conforming changes. (Sec. 1, 3)
Amendments
Committee on Health & Human Services
1. Directs DCS to refer a pregnant woman to AHCCCS, rather than DHS, for a referral to a provider for substance use treatment if DCS receives a communication involving substance use.
2. Adds that a licensed or certified health care professional must refer a pregnant woman to substance use services and supports, to facilitate maternal and infant safety, upon a finding of a pregnant woman using alcohol.
3. Specifies that proof of maternal participation in substance use treatment certified by a health care professional is a mitigating factor when determining if a child is neglected.
4. Stipulates that prenatal indicators, drug use history or participation in substance use services and treatment alone, must not be the basis of a report of suspected neglect to DCS.
5. Makes technical and conforming changes.
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HB 2530
Initials AG Page 0 Caucus & COW
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