Maine Revised Statutes
Subchapter 1: GENERAL PROVISIONS
22 §4004-B. Infants born affected by substance use disorder or after prenatal exposure to drugs or with a fetal alcohol spectrum disorder

§4004-B. Infants born affected by substance use disorder or after prenatal exposure to drugs or with a fetal alcohol spectrum disorder
The department shall act to protect infants born identified as being affected by substance use or withdrawal symptoms resulting from prenatal drug exposure, whether the prenatal exposure was to legal or illegal drugs, or having a fetal alcohol spectrum disorder, regardless of whether the infant is abused or neglected. The department shall:   [PL 2019, c. 342, §2 (AMD).]
1.  Receive notifications.  Receive notifications of infants who may be affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or who have a fetal alcohol spectrum disorder;  
[PL 2019, c. 342, §2 (AMD).]
2.  Investigate.  Promptly investigate notifications received of infants born who may be affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or who have a fetal alcohol spectrum disorder as determined to be necessary by the department to protect the infant;  
[PL 2019, c. 342, §2 (AMD).]
3.  Determine if infant is affected.  Determine whether each infant for whom the department conducts an investigation is affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or has a fetal alcohol spectrum disorder;  
[PL 2019, c. 342, §2 (AMD).]
4.  Determine if infant is abused or neglected.  Determine whether the infant for whom the department conducts an investigation is abused or neglected and, if so, determine the degree of harm or threatened harm in each case;  
[PL 2013, c. 192, §2 (AMD).]
5.  Develop plan for safe care.  For each infant who the department determines to be affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or who has a fetal alcohol spectrum disorder, develop, with the assistance of any health care provider involved in the caregiver's or the child's medical or mental health care, a plan for the safe care of the infant and, in appropriate cases, refer the child or caregiver or both to a social service agency, a health care provider or a voluntary substance use disorder prevention service. For purposes of this subsection, "health care provider" means a person described in section 4011‑A, subsection 1, paragraph A, subparagraphs (1) to (10), (15), (17) to (20) or (22); and  
[PL 2019, c. 342, §2 (AMD).]
6.  Comply with section 4004.  For each infant who the department determines to be abused or neglected, comply with section 4004, subsection 2, paragraphs E and F.  
[PL 2019, c. 342, §2 (AMD).]
SECTION HISTORY
PL 2003, c. 673, §Z1 (NEW). PL 2013, c. 192, §2 (AMD). PL 2017, c. 407, Pt. A, §83 (AMD). PL 2019, c. 342, §2 (AMD).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 22: HEALTH AND WELFARE

Subtitle 3: INCOME SUPPLEMENTATION

Part 3: CHILDREN

Chapter 1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT

Subchapter 1: GENERAL PROVISIONS

22 §4001. Title

22 §4002. Definitions

22 §4003. Purposes

22 §4004. Authorizations

22 §4004-A. Voluntary agreements

22 §4004-B. Infants born affected by substance use disorder or after prenatal exposure to drugs or with a fetal alcohol spectrum disorder

22 §4005. Parties' rights to representation; legal counsel

22 §4005-A. Foster parents right to standing and intervenor status in child protection proceedings (REPEALED)

22 §4005-B. Grandparent's right to standing and intervenor status in child protection proceedings (REPEALED)

22 §4005-C. Rights of persons who are not parties (REPEALED)

22 §4005-D. Access to and participating in proceedings

22 §4005-E. Relatives; visitation and access; placement (REPEALED)

22 §4005-F. Determinations of parentage

22 §4005-G. Department responsibilities regarding kinship and sibling placement

22 §4005-H. Relatives; visitation or access; placement by court

22 §4006. Appeals

22 §4007. Conducting proceedings

22 §4008. Records; confidentiality; disclosure

22 §4008-A. Child abuse and neglect investigations; disclosure

22 §4009. Penalty for violations

22 §4010. Spiritual treatment

22 §4010-A. Child abuse policies

22 §4010-B. Written policies

22 §4010-C. Transition grant program

22 §4010-D. Child welfare advisory panel; annual report