HD6 - Final Report on Substance Exposed Newborn Infants


Executive Summary:
Senate Bill 557 (1998) and House Bill 803 (1998) amended Section 63.1-248.3 of the Code of Virginia to require an attending physician to file a report with the local department of social services (local department) when a newborn infant evidences exposure to non-prescription, controlled substances or signs of fetal alcohol syndrome. When abuse or neglect is found, the local department's child protective services worker is required, by Section 63.1-248.6, to arrange for necessary protective and rehabilitative services for the child and his family.

This 1998 legislation further required the Department of Social Services (Department) to report on the implementation of the legislation in each of the three years following enactment. This is the report on the third year of implementation. It includes information compiled in accordance with the requirements of the Code of Virginia and in conjunction with the Board of Medicine; the Department of Health; the Department of Mental Health, Mental Retardation and Substance Abuse Services; and the Office of the Executive Secretary of the Supreme Court of Virginia.

From July 1, 2000 through June 15, 2001, local departments received 306 reports from medical personnel alleging that an infant had in-utero exposure to an illicit substance or alcohol. Two hundred fifty-six of these reports met the legal definition of substance exposed newborns and were investigated by local departments. The Department randomly selected 50 of the 306 reports to review. This case review showed that of the 50 cases reviewed:

• Cocaine was the most commonly used drug.

• Mothers were long-term drug users.

• Mothers often had a history of involvement with child protective services programs and had other children placed with relatives.

• Substance exposed newborns often were born premature and had low birth weights with associated health and developmental risks.

The Department formed an interagency work group to assess implementation of this legislation. The conclusion of this group is that there must be continued state and local interagency collaborative planning and cross training between the Departments of Health; Social Services; and Mental Health, Mental Retardation and Substance Abuse Services on perinatal substance use and its effect on the health, development and safety of the child. Additionally, integration of child welfare services with substance abuse services, health care services, and Virginia Drug Courts is crucial.