H.R. 5890, Assisting States' Implementation of Plans of Safe Care Act

Floor Situation

On Wednesday, June 12, 2018, the House will consider H.R. 5890, Assisting States' Implementation of Plans of Safe Care Act, under suspension of the rules. The bill was introduced on May 21, 2018, by Rep. Tom Garrett (R-VA) and was referred to the House Committee on Education and the Workforce.

 Summary

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,” to ensure the safety and well-being of infants who are born substance-affected.

In 2016, the Comprehensive Addiction and Recovery Act of 2016 (CARA) amended CAPTA to provide better protections for infants exposed to substances and ensure that the needs of families and caregivers are met. According to the Committee on Education and the Workforce, the “implementation of this provision has been difficult due to a lack of information and guidance from HHS.”[1]

A Government Accountability Office report found that “additional guidance and assistance from HHS would help states better understand what they need to do to develop policies and procedures that meet the needs of children and families affected by substance use.” The same report recommended HHS should “provide additional guidance and technical assistance to states to address known challenges and enhance their understanding of CAPTA requirements.”[2]

According to the bill sponsor, “This bipartisan legislation will help continue efforts that are critical to fighting the opioid epidemic and provide help to women and their children struggling with addiction. This is an important next step in a much broader effort, and we’re confident it will bring us closer to making real progress in this fight. Doubling down on solutions to the opioid crisis is as critical as ever, and this bill will help more women and children access the treatment and recovery services they need to return to wholeness.”[3]

Cost

A Congressional Budget Office (CBO) cost estimate is not currently available.

Staff Contact

For questions or further information please contact John Huston with the House Republican Policy Committee by email or at 6-5539.