Amendment ID: S2898-15

Amendment 15

Protecting Families in Recovery

Mr. Keenan moves that the proposed new text be amended by inserting after section __ the following sections:-

“SECTION __. Subsection (a) of section 51A of chapter 119 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

“A mandated reporter shall immediately communicate with the department orally and shall, within 48 hours, file a written report with the department detailing suspected abuse or neglect if, in their professional capacity, they have reasonable cause to believe that a child is: (i) suffering physical or emotional injury resulting from abuse inflicted upon them which causes harm or substantial risk of harm to the child’s health or welfare including, but not limited to, sexual abuse; (ii) suffering physical or emotional injury resulting from neglect including, but not limited to, malnutrition; (iii) a sexually exploited child; or (iv) a human trafficking victim, as defined by section 20M of chapter 233.”

SECTION __. (a) The department of children and families, in consultation with the department of public health and the office of the child advocate, shall promulgate regulations or issue further guidance for the requirements of health care providers involved in the delivery or care of infants identified as being affected by prenatal substance exposure or fetal alcohol spectrum disorder. The regulations or guidance shall include, but shall not be limited to: (i) factors for determining instances in which prenatal substance exposure from a medication prescribed by a licensed health care provider require filing a report pursuant to section 51A of chapter 119 of the General Laws; provided, that an indication of prenatal substance exposure shall not solely meet the requirements of said section 51A of said chapter 119; and (ii) the roles and responsibilities of health care providers and staff who care for perinatal patients or newborns pursuant to 42 U.S.C. § 5106a(b)(2)(B)(ii) and in accordance with the federal Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5101 et seq. and 42 U.S.C. § 5116 et seq., as amended from time to time.

(b) Such regulations or guidance shall: (i) reflect current accepted standards of health care and substance use treatment practices; (ii) conform to the reporting requirements under the federal Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5101 et seq. and 42 U.S.C. § 5116 et seq., as amended from time to time; and (iii) to the extent possible, reduce racial disparities in maternal and child health care, reports of suspected child abuse or neglect under said section 51A of said chapter 119 or the number of patients identified for plans of safe care pursuant to the federal Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5101 et seq. and 42 U.S.C. § 5116 et seq., as amended from time to time.

(c) Such regulations or guidance shall be developed with input from relevant stakeholders, including, but not limited to: (i) medical professional associations and health care providers with expertise in the provision of care to pregnant people; (ii) individuals who have lived experience of seeking or receiving behavioral health services or treatment prior to, during and after pregnancy; (iii) professional associations and organizations with expertise in prenatal substance exposure, perinatal and child health, treatment of substance use disorder and racial equity in access to health care; and (iv) behavioral health professionals with expertise in providing culturally-competent care.”