Child Welfare Policy Manual

December 09, 2016

2.1F.1  CAPTA, Assurances and Requirements, Infants Affected by Substance Abuse, Plan of Safe Care

1. Question: Which agency is responsible for developing the plan of safe care and what is a plan of safe care, as required by section 106(b)(2)(B)(iii) of the Child Abuse Prevention and Treatment Act (CAPTA)?

Answer: The statute does not specify which agency or entity (such as hospitals or community-based organizations) must develop the plan of safe care; therefore, the State may determine which agency will develop it. The development of a plan of safe care for infants born and identified as being affected by substance abuse or withdrawal symptoms or Fetal Alcohol Spectrum Disorder must ensure the safety and well-being of infants following the release from the care of health care providers by:

The development of plans of safe care is required for infants affected by all substance abuse, not just illegal substance abuse.

There may be Federal confidentiality restrictions for the State to consider when implementing this CAPTA provision.