Chapter 2. Alcohol And Drug Affected Mothers And Infants of California Health And Safety Code >> Division 10.5. >> Part 1. >> Chapter 2.
This chapter shall be known and may be cited as the
Alcohol and Drug Affected Mothers and Infants Act of 1990.
The Legislature finds and declares the following:
(a) Many infants affected by alcohol or other drugs require
neonatal intensive care because of low birth weight, prematurity,
withdrawal symptoms, serious birth defects, and other medical
problems. Alcohol or other drug affected infants are increasingly
being placed in neonatal intensive care units and this care is very
(b) Alcohol and other drug affected infants place an expensive
burden on the foster care system, regional centers, the public and
private health care systems, and the public school system.
(c) The appropriate response to this crisis is prevention, through
expanded resources for recovery from alcohol and other drug
dependency. The only sure effective means of protecting the health of
these infants is to provide the services needed by mothers to
address a problem that is addictive, not chosen.
(d) California has women of childbearing age who abuse alcohol or
other drugs. Current resources are not adequate to meet the treatment
needs of these women. California cannot delay addressing the serious
need in this area. California taxpayers and health care consumers
currently bear the enormous financial burden of alcohol and other
drug affected infants and those costs can only be contained through
expansion of treatment services for women who have an alcohol or
other drug dependency and prevention services for women at risk of
developing an alcohol or other drug dependency.
(e) Comprehensive prevention and treatment services for both
mothers and infants need to be provided in a multidisciplinary,
multispecialist, and multiagency fashion, necessitating coordination
by both state and local governments.
(f) Intervention strategies for women at risk of developing an
alcohol or other drug dependency have proven effective and there are
currently in operation programs that can be expanded and modified to
meet the critical need in this area.
(a) The Office of Perinatal Substance Abuse is hereby
established within the State Department of Health Care Services. For
purposes of this chapter, "office" means the Office of Perinatal
(b) The office may do any of the following:
(1) Coordinate pilot projects and planning projects funded by the
state which are related to perinatal substance abuse.
(2) Provide technical assistance to counties, public entities, and
private entities that are attempting to address the problem of
perinatal substance abuse.
(3) Serve as a clearinghouse of information regarding strategies
and programs which address perinatal substance abuse.
(4) Encourage innovative responses by public and private entities
that are attempting to address the problem of perinatal substance
(5) Review proposals of, and develop proposals for, state agencies
regarding the funding of programs relating to perinatal substance
(c) The office shall adopt, amend, or repeal any reasonable rules,
regulations, or standards as may be necessary or proper to carry out
the purposes and intent of this chapter and to enable the office and
the department to exercise the powers and perform the duties
conferred upon it by this chapter.
(a) The office may provide or contract for training
regarding alcohol and other drug dependency to providers of health,
social, educational, and support services to women of childbearing
age and their children.
(b) The purpose of any training provided pursuant to subdivision
(a) may be to facilitate the taking of appropriate and thorough
medical and social histories of women of childbearing age in order to
identify those in special need of alcohol or other drug treatment
services and to identify skills for providing case management
services to alcohol and other drug using women and their infants.
Additional training topics may be covered, including, but not limited
to, how to develop procedures for referring those in need of alcohol
and other drug treatment services and how to provide appropriate
social and emotional support to, as well as developmental monitoring
of, drug affected infants and children and their families.
(a) Funds distributed under this chapter shall be used by
counties to fund residential and nonresidential alcohol and other
drug treatment programs for pregnant women, postpartum women, and
their children and to fund other support services directed at
bringing pregnant and postpartum women into treatment and caring for
alcohol and other drug exposed infants. Funds may also be used to
provide case management services to alcohol and other drug abusing
women and their children and special recruitment, training, and
support services for foster care parents of substance exposed
(b) In carrying out its responsibilities under this chapter, the
office may include in its guidelines the special needs of pregnant
women and postpartum women who are chemically dependent and who are
in need of treatment services. These special needs include, but are
not limited to, the following:
(1) Provision for medical services, which may include, but not be
limited to, the following:
(A) Low-risk and high-risk prenatal care.
(B) Pediatric followup care, including preventive infant health
(C) Developmental followup care.
(D) Nutrition counseling.
(F) Testing and counseling relating to AIDS.
(G) Monthly visits with a physician and surgeon who specializes in
treating persons with chemical dependencies.
(2) Provision for nonmedical services, which may include, but not
be limited to, the following:
(A) Case management.
(B) Individual or group counseling sessions, which occur at least
once a week.
(C) Family counseling, including, but not limited to, counseling
services for partners and children of the women.
(D) Health education services, including perinatal chemical
dependency classes, addressing topics that include, but are not
limited to, the effects of drugs on infants, AIDS, addiction in the
family, child development, nutrition, self-esteem, and responsible
(E) Parenting classes.
(F) Adequate child care for participating women.
(G) Encouragement of active participation and support by spouses,
domestic partners, family members, and friends.
(H) Opportunities for a women-only treatment environment.
(I) Transportation to outpatient treatment programs.
(J) Followup services, which may include, but not be limited to,
assistance with transition into housing in a drug-free environment.
(K) Child development services.
(L) Educational and vocational services for women.
(M) Weekly urine testing.
(N) Special recruitment, training, and support services for foster
care parents of substance exposed infants.
(O) Outreach which reflects the cultural and ethnic diversity of
the population served.
(a) Any county that receives funds distributed under this
chapter may establish a perinatal coordinating council that consists
of persons who are experts in the areas of alcohol and other drug
treatment, client outreach and intervention with alcohol and other
drug abusing women, child welfare services, maternal and child health
services, and developmental services, and representatives from other
(b) The coordination efforts provided through the council may
include the following:
(1) The identification of the extent of the perinatal alcohol and
other drug abuse problem in the county based on existing data.
(2) The development of coordinated responses by county health and
social service agencies and departments, which responses shall
address the problem of perinatal alcohol and other drug abuse in the
(3) The definition of the elements of an integrated alcohol and
other drug abuse recovery system for pregnant women, postpartum
women, and their children.
(4) The identification of essential support services to be
included into the integrated recovery system defined pursuant to
(5) The promotion of communitywide understanding of the perinatal
alcohol and other drug abuse problem in the county and appropriate
responses to the problem.
(6) The communication with policymakers at both the state and
federal level about prevention and treatment needs for pregnant
women, postpartum women, and their children for alcohol and other
drug abuse that need to be addressed.
(7) The utilization of services that emphasize coordination of
treatment services with other health, child welfare, child
development, and education services.