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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
House: HHS DPA 9-0-0-0 | 3rd Read 31-28-1-0
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HB 2530: substance exposure; pregnant women; neglect
Sponsor: Representative Jones, LD 17
Transmitted to the Governor
Overview
Directs the Arizona Department of Child Safety (DCS) if it receives a communication involving substance use by a pregnant woman to provide the information regarding the communication to the Arizona Health Care Cost Containment System (AHCCCS) for referral to a provider for substance use treatment. Instructs 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 alcohol, or 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
1. Requires DCS, upon receiving a communication involving substance use by a pregnant woman, to provide the caller with the contact information for AHCCCS and to transfer the call to AHCCCS, if possible. (Sec. 1)
2. Instructs AHCCCS to refer the pregnant woman to a provider for substance use treatment. (Sec. 1)
3. 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)
4. Clarifies that notwithstanding any other law, DCS may not maintain a communication regarding the substance use of a pregnant woman. (Sec. 1)
5. States that on a finding or report of a pregnant woman using alcohol or 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, only with the woman's consent. (Sec. 2, 5)
6. Expands the factors used in determining if a child is neglected to include proof that the mother was referred for substance use services and support and participated in substance use treatment certified by a health care professional. (Sec. 3)
7. Specifies that proof of the mother's participation in substance use treatment certified by a health care professional may be considered a mitigating factor when determining if a child is neglected. (Sec. 3)
8. Adds that a health care professional who suspects the use of alcohol or a dangerous or narcotic drug, through clinical indicators in the prenatal period, including maternal presentation or positive toxicology or other laboratory tests must immediately refer the woman to substance use services and support, only with the woman's consent. (Sec. 4)
9. Stipulates that the presence of prenatal clinical indicators, a woman's substance use history or participation in substance use services and treatment alone may not be the basis of a report of suspected neglect to DCS on the birth of the child. (Sec. 4)
10. Makes technical and conforming changes. (Sec. 1, 3)
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HB 2530
Initials AG Page 0 Transmitted
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