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2.1F CAPTA, Assurances and Requirements, Infants Affected by Illegal Substance Abuse

Items with a star (*) and gray background have been modified from previous record.

Question Number 2:
12/13/2011 - Current
Question*If drug-exposure is not defined as child abuse or neglect in the State's reporting statute, are health care providers still required to "notify" child protective services under section 106(b)(2)(B)(ii) of the Child Abuse Prevention and Treatment Act (CAPTA)?
Answer*Yes. The State is required to have policies and procedures to implement section 106(b)(2)(B)(ii) of CAPTA regardless of how child abuse and neglect is defined in the State. Health care providers must notify CPS of all infants born and identified as affected by illegal substance abuse, withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder. There may be Federal confidentiality restrictions for the State to consider when implementing this CAPTA provision.
Source/Date*05/02/06; updated 12/9/11
Legal and Related References*Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106(b)(2)(B)(ii).

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05/16/2006 - 12/13/2011 (Original Record)
QuestionIf drug-exposure is not defined as child abuse or neglect in the State's reporting statute, are health care providers still required to "notify" child protective services under section 106(b)(2)(A)(ii) of the Child Abuse Prevention and Treatment Act (CAPTA)?
AnswerYes. The State is required to have policies and procedures to implement section 106(b)(2)(A)(ii) of CAPTA regardless of how child abuse and neglect is defined in the State. Health care providers must notify CPS of all infants born and identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure. There may be Federal confidentiality restrictions for the State to consider when implementing this CAPTA provision.
Source/Date05/02/06
Legal and Related ReferencesChild Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106(b)(2)(A)(ii).

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