Sec. Z-1. 22 MRSA §4004-B is enacted to read:
§4004-B. Infants born affected by substance abuse or after prenatal exposure to drugs
The department shall act to protect infants born identified as being affected by illegal substance abuse or suffering from withdrawal symptoms resulting from prenatal drug exposure, whether or not the prenatal exposure was to legal or illegal drugs, regardless of whether or not the infant is abused or neglected. The department shall:
1. Receive reports. Receive reports of infants who may be affected by illegal substance abuse or suffering from withdrawal symptoms resulting from prenatal drug exposure;
2. Investigate. Promptly investigate all reports received of infants born who may be affected by illegal substance abuse or suffering from withdrawal symptoms resulting from prenatal drug exposure;
3. Determine if infant is affected. Determine whether or not each infant reported is affected by illegal substance abuse or suffers from withdrawal symptoms resulting from prenatal drug exposure;
4. Determine if infant is abused or neglected. Determine whether or not the infant is abused or neglected and, if so, determine the degree of harm or threatened harm in each case;
5. Develop plan for safe care. For each infant whom the department determines to be affected by illegal substance abuse or to be suffering from withdrawal symptoms resulting from prenatal drug exposure, develop, with the assistance of any health care provider involved in the mother'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 mother or both to a social service agency or voluntary substance abuse prevention service; and
6. Comply with section 4004. For each infant whom the department determines to be abused or neglected, comply with section 4004, subsection 2, paragraphs E and F.
Sec. Z-2. 22 MRSA §4008, sub-§3, ¶G, as amended by PL 2001, c. 696, §19, is further amended to read:
G. The prospective adoptive parents. Prior to a child being placed for the purpose of adoption, the department shall comply with the requirements of Title 18-A, section 9-304, subsection (b) and section 8205; and
Sec. Z-3. 22 MRSA §4008, sub-§3, ¶H, as enacted by PL 2001, c. 696, §20, is amended to read:
H. Upon written request, a person having the legal authorization to evaluate or treat a child, parent or custodian who is the subject of a record. This includes a member of a treatment team or group convened to plan for or treat a child or family that is the subject of a record.;
Sec. Z-4. 22 MRSA §4008, sub-§3, ¶¶I and J are enacted to read:
I. Any government entity that needs such information in order to carry out its responsibilities under law to protect children from abuse and neglect. For purposes of this paragraph, "government entity" means a federal entity, a state entity of any state, a local government entity of any state or locality or an agent of a federal, state or local government entity; and
J. To a juvenile court when the child who is the subject of the records has been brought before the court pursuant to Title 15, Part 6.
Sec. Z-5. 22 MRSA §4011-B is enacted to read:
§4011-B. Reporting of prenatal exposure to drugs
1. Reporting of infants with prenatal exposure to drugs. A health care provider involved in the delivery or care of an infant who the provider knows or has reasonable cause to suspect has been born affected by illegal substance abuse or is suffering from withdrawal symptoms resulting from prenatal drug exposure, whether or not the prenatal exposure was to legal or illegal drugs, shall notify the department of that condition in the infant. The report required by this subsection must be made in the same manner as reports of abuse or neglect required by this subchapter.
A. This section, and any notification made pursuant to this section, may not be construed to establish a definition of "abuse" or "neglect."
B. This section, and any notification made pursuant to this section, may not be construed to require prosecution for any illegal action, including, but not limited to, the act of exposing a fetus to drugs or other substances.
2. Definition. For purposes of this section, "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) or any person who assists in the delivery or birth of a child for compensation, including, but not limited to, a midwife.
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