Trial Engrossment of Amendment A00832 to House Bill 0253 P.N. 0224, Regular Session 2021-2022

A00832

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

253

Session of

2021

INTRODUCED BY OWLETT, TOOHIL, PICKETT, BOBACK, HILL-EVANS,

HOHENSTEIN, RYAN, STEPHENS, KAUFFMAN, ROTHMAN, SCHLOSSBERG,

R. BROWN, CIRESI, PASHINSKI, STRUZZI, WARREN AND GLEIM,

JANUARY 26, 2021

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JANUARY 26, 2021

AN ACT

Establishing a task force on the opioid abuse epidemic's impact

on children and providing for powers and duties of the task

force.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Opioid Abuse

Child Impact Task Force Act.

Section 2. Declaration of policy.

The General Assembly finds and declares as follows:

(1) This Commonwealth is one of the states which has

been hardest hit by an epidemic of heroin and prescription

opioid abuse and addiction that is plaguing American society.

(2) One of the more tragic consequences of this epidemic

is the devastating impact it has had and continues to have on

infants and children.

(3) Newborns are suffering through withdrawal from

opioids because of prenatal exposure to these drugs.

(4) Fatalities and near fatalities of infants and young

children have been linked to parental substance abuse.

(5) Cases of child abuse and neglect linked to parental

substance abuse are increasing, as are the number of children

being removed from their homes and placed in protective

custody because of their parents' drug addiction.

(6) The Commonwealth has a responsibility to protect its

residents, especially children.

Section 3. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Task force." The task force established in section 4.

Section 4. Establishment.

A task force on the opioid abuse epidemic's impact on

children is established. The task force shall focus on improving

the safety, well-being and permanency of substance-exposed

infants and other young children affected by their parents'

substance abuse disorders.

Section 5. Responsibilities.

The task force is responsible for:

(1) Identifying strategies and making short-term and

long-term recommendations to prioritize the prevention of

substance-exposed infants.

(2) Improving outcomes for pregnant and parenting women

who are striving to recover from addiction.

(3) Promoting the health, safety and permanency of

substance-exposed infants and other young children at risk of

child abuse and neglect or placement in foster care due to

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parental alcohol and drug use.

(4) Ensuring that the Commonwealth is compliant with the

Child Abuse Prevention and Treatment Act (Public Law 93-247,

42 U.S.C. § 5101 et seq.) related to identifying substance-

exposed infants and is developing multidisciplinary plans of

safe care for these infants.

Section 6. Members and meetings.

(a) Members.--The task force is comprised of the following

members:

(1) The Secretary of Human Services or a designee who

shall be an employee of the Department of Human Services. The

designee shall be appointed by the Secretary of Human

Services in writing, and a copy of the appointment shall be

submitted to the chairperson of the task force.

(2) The Secretary of Health or a designee who shall be

an employee of the Department of Health. The designee shall

be appointed by the Secretary of Health in writing, and a

copy of the appointment shall be submitted to the chairperson

of the task force.

(3) The Secretary of Drug and Alcohol Programs or a

designee who shall be an employee of the Department of Drug

and Alcohol Programs. The designee shall be appointed by the

Secretary of Drug and Alcohol Programs in writing, and a copy

of the appointment shall be submitted to the chairperson of

the task force.

(4) Three members appointed by the President pro tempore

of the Senate, in consultation with the Majority Leader and

the Minority Leader of the Senate. One member under this

paragraph may be a member of the Senate.

(5) Three members appointed by the Speaker of the House

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of Representatives, in consultation with the Majority Leader

and the Minority Leader of the House of Representatives. One

member under this paragraph may be a member of the House of

Representatives.

(6) Four members appointed by the Governor.

(b) Qualifications.--Individuals appointed under subsection

(a)(4), (5) or (6) must possess professional experience and

expertise in:

(1) obstetric medicine;

(2) pediatric medicine;

(3) behavioral health treatment;

(4) early intervention programs;

(5) county children and youth agency services;

(6) child advocacy; or

(7) neonatal intensive care unit nursing.

of the task force.

(d) Appointment.--The members of the task force shall be

appointed within 25 days after the effective date of this

section.

(e) Quorum.--The physical presence of seven members

constitutes a quorum of the task force.

(f) Majority vote.--An action of the task force shall be

authorized or ratified by a majority vote of its members.

(g) Meetings.--

(1) The task force shall meet as necessary but no fewer

than five times prior to November 30, 2021. The first meeting

shall be convened within 45 days following the effective date

of this section.

(2) Additional meetings may be called by the chairperson

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as necessary.

(3) The chairperson shall schedule a meeting upon

written request of eight members of the task force.

(4) A member not physically present may participate by

teleconference or video conference.

(h) Compensation.--Members of the task force shall not

receive compensation but shall be reimbursed for reasonable and

necessary expenses incurred in service of the task force.

Section 7. Duties.

The task force has the following duties:

(1) To examine and analyze the existing practices,

processes, procedures and laws relating to the diagnosis and

treatment of substance-exposed infants.

(2) To review and analyze the existing practices,

processes, procedures and laws relating to the safety, well-

being, permanency and placement of children at risk due to

their parents' substance abuse disorders.

(3) To hold public hearings for the taking of testimony

and the requesting of documents.

(4) To make relevant recommendations for improving the

safety, well-being and permanency of substance-exposed

infants and other children adversely affected by their

parents' substance abuse disorders.

(5) To issue a report in accordance with section 10.

Section 8. Hearings.

The task force shall hold public hearings as necessary to

obtain the information required to conduct its review.

Section 9. Agency cooperation.

The Department of Human Services, the Department of Health

and the Joint State Government Commission shall cooperate to

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provide administrative or other assistance to the task force.

Section 10. Reports.

(a) General rule.--The task force shall prepare and submit,

by January 31, 2022, a final report on its activities, findings

and recommendations to the Governor, the Senate and the House of

Representatives. The task force may file status reports and

updates with the Governor, the Senate and the House of

Representatives as it deems appropriate.

(b) Adoption of report.--A report under this section shall

be adopted at a public meeting.

public record under the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law available to the public.

Section 11. Expiration.

This act expires March 1, 2022.

Section 12. Effective date.

This act shall take effect immediately.

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