Act 54 of 2018, consistent with the federal Child Abuse Prevention and Treatment Act (CAPTA), requires healthcare professionals—including those involved in the delivery or care of an infant or encountering an infant up to age one outside a hospital setting—to notify CPS of infants “born with and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure”.
3.1 Mandatory Notification of Substance Affected Infants by Health Care Providers
Under Act 54 of 2018, a healthcare provider shall immediately give notice or cause notice to be given to DHS if the provider is involved in the delivery or care of a child under one year of age and the healthcare provider has determined, based on standards of professional practice, the child was born affected by:
- substance use or withdrawal symptoms resulting from prenatal drug exposure; or
- a Fetal Alcohol Spectrum Disorder.
Notification to DHS can be made to ChildLine, electronically through the Child Welfare Portal or by calling 1-800-932-0313. This notification is for the purpose of assessing a child and the child’s family for a Plan of Safe Care and shall not constitute a child abuse report.
3.1.1 Healthcare Provider
A healthcare provider is a licensed hospital or health care facility or person who is licensed, certified, or otherwise regulated to provide health care services under the laws of Pennsylvania, including a:
- physician
- podiatrist
- optometrist
- psychologist
- physical therapist
- certified nurse practitioner
- registered nurse
- nurse midwife
- physician’s assistant
- chiropractor
- dentist
- pharmacist; or
- an individual accredited or certified to provide behavioral health services
3.1.2 Multidisciplinary Team
For the purpose of informing the Plan of Safe Care, the multidisciplinary team may include:
- Public health agencies
- Maternal and child health agencies
- Home visitation programs
- Substance use disorder prevention and treatment providers
- Mental health providers
- Public and private children and youth agencies
- Early intervention and developmental services
- Courts
- Local education agencies
- Managed care organizations and private insurers
- Hospitals and medical providers
3.2 Plan of Safe Care (Act 54 of 2018)
After notification of a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder, a multidisciplinary team meeting must be held prior to the child's discharge from the health care facility. The meeting will inform an assessment of the needs of the child and the child’s parents and immediate caregivers to determine the most appropriate lead agency for developing, implementing, and monitoring a Plan of Safe Care.
The child’s parents and immediate caregivers must be engaged to identify the need for access to treatment for any substance use disorder or other physical or behavioral health condition that may impact the safety, early childhood development, and well-being of the child. Depending upon the needs of the child and parent(s)/caregiver(s), ongoing involvement of the county agency may not be required.