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House Passes Bipartisan, Bicameral Agreement to Combat Opioid Epidemic

Comprehensive opioid proposal includes reforms to strengthen protections for infants born with drug exposure

Rep. John Kline (R-MN), chairman of the Committee on Education and the Workforce, and Rep. Lou Barletta (R-PA) today praised House passage of a bipartisan, bicameral agreement to fight the nation’s growing opioid epidemic. The agreement includes a legislative proposal championed by Reps. Barletta and Katherine Clark (D-MA) that will strengthen protections for infants born with drug exposure by requiring the Department of Health and Human Services to better ensure states are meeting current child welfare requirements. The bipartisan proposal, entitled the Infant Plan of Safe Care Improvement Act (H.R. 4843), was passed by the House of Representatives in May by a vote of 421 to 0.

“The opioid epidemic crosses all cultural lines and touches all communities, and we must provide all of the appropriate means to prevent, interrupt, and correct the cycle of dependence,” Rep. Barletta said. “At the same time, we are taking special care to look after the most innocent victims of opioid abuse—newborns. These are children who are brought into the world with the burden of addiction, through no fault of their own. Taking care of babies born with addiction—and their caregivers—is a special priority.”

“The opioid epidemic is devastating families and communities across the country, and it is destroying the lives of innocent children who are suffering the painful consequences of their parents’ addiction,” Chairman Kline said. “This bipartisan, bicameral agreement will provide immediate help to men and women struggling with addiction. Just as importantly, it will help ensure the most vulnerable victims of this epidemic and their mothers receive the care they desperately need. I appreciate the leadership of Representatives Barletta and Clark in championing this proposal. Their reforms, and the broader House-Senate agreement, will make a real difference in the lives of countless individuals. I urge the Senate to send this agreement to the president’s desk without delay.”

BACKGROUND: The Child Abuse Prevention and Treatment Act (CAPTA) was enacted in 1974 to coordinate federal efforts to prevent and respond to child abuse and neglect. The law provides states with resources to improve their child protective services systems. In order to receive funds under CAPTA, states have to assure the Department of Health and Human Services that they have implemented certain child welfare policies. Such policies include requiring health care providers to notify state child protective services agencies when a child is born with prenatal illegal substance exposure, as well as requiring the development of a “safe care plan” to protect these newborns and keep them and their caregivers healthy.

A 2015 Reuters investigation examined the care infants receive when born to parents struggling with opioid addiction. The investigation revealed the department is providing federal funds to states that do not have the necessary child welfare policies in place—resulting in sometimes deadly consequences. To address these concerns, Reps. Barletta and Clark introduced H.R. 4843, the Infant Plan of Safe Care Improvement Act. As adopted by the House-Senate conference committee, the proposal will:
  • Strengthen protections for infants born with both illegal and legal substance exposure by clarifying the intent of safe care plans;

  • Require the department to review and confirm states have put in place CAPTA policies required under the law;

  • Improve accountability related to the care of infants and their families by requiring additional information be shared on the incidents of infants born with drug exposure and their subsequent care;

  • Ensure the secretary provides states with best practices for developing plans to keep infants and their caregivers healthy and safe;

  • Encourage the use of information made available through other child welfare laws in verifying CAPTA compliance; and

  • Prevent the department from adding new requirements to state assurances and plans.

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