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H.R. 5890 (115th): Assisting States’ Implementation of Plans of Safe Care Act


The text of the bill below is as of Jun 13, 2018 (Passed the House).

Summary of this bill

Source: Republican Policy Committee

H.R. 5890 requires the Department of Health and Human Services (HHS) to provide states with enhanced guidance to support the implementation of their “plan of safe care” assurance, which is required under the Child Abuse Prevention and Treatment Act (CAPTA) and designed to address to address the needs of infants affected by prenatal substance abuse.

Background The CAPTA provides Federal funding to States in support of prevention, assessment, investigation, and treatment activities related to child abuse. Since 2003, CAPTA has required governors to provide an assurance that states have policies and procedures to address the needs of infants affected by prenatal substance abuse, or a “plan of safe care ...


I

115th CONGRESS

2d Session

H. R. 5890

IN THE HOUSE OF REPRESENTATIVES

AN ACT

To require the Secretary of Health and Human Services to provide assistance to States in complying with, and implementing, certain provisions of section 106 of the Child Abuse Prevention and Treatment Act in order to promote better protections for young children and family-centered responses, and for other purposes.

1.

Short title

This Act may be cited as the Assisting States’ Implementation of Plans of Safe Care Act.

2.

Assisting States with implementation of plans of safe care

(a)

In general

The Secretary of Health and Human Services shall provide written guidance and, if appropriate, technical assistance to support States in complying with, and implementing, subsections (b)(2)(B)(iii) and (d)(18) of section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) in order to promote better protections for young children and family-centered responses.

(b)

Requirements

The guidance and technical assistance shall—

(1)

enhance States’ understanding of requirements and flexibilities under the law, including clarifying key terms;

(2)

address State-identified challenges with developing, implementing, and monitoring plans of safe care;

(3)

disseminate best practices related to developing and implementing plans of safe care, including differential response, collaboration and coordination, and identification and delivery of services, while recognizing needs of different populations and varying community approaches across States;

(4)

support collaboration between health care providers, social service agencies, public health agencies, and the child welfare system, to promote a family-centered treatment approach;

(5)

prevent separation and support reunification of families if in the best interests of the child;

(6)

recommend treatment approaches for serving infants, pregnant women, and postpartum women whose infants may be affected by substance use that are designed to keep infants with their mothers and families whenever appropriate, including recommendations to encourage pregnant women to receive health and other support services during pregnancy;

(7)

support State efforts to develop technology systems to manage and monitor implementation of plans of safe care; and

(8)

help States improve the long-term safety and well-being of young children and their families.

(c)

Construction

The guidance and technical assistance shall not be construed to amend the requirements of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.).

(d)

Definition

For purposes of this section, the term State has the meaning given such term in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note).

Passed the House of Representatives June 13, 2018.

Karen L. Haas,

Clerk.