[Congressional Record Volume 164, Number 98 (Wednesday, June 13, 2018)]
[House]
[Pages H5125-H5127]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       ASSISTING STATES' IMPLEMENTATION OF PLANS OF SAFE CARE ACT

  Mr. GARRETT. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5890) to require the Secretary of Health and Human Services 
to provide assistance to States in complying with, and implementing, 
certain provisions of section 106 of the Child Abuse Prevention and 
Treatment Act in order to promote better protections for young children 
and family-centered responses, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows

                               H.R. 5890

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Assisting States' 
     Implementation of Plans of Safe Care Act''.

     SEC. 2. ASSISTING STATES WITH IMPLEMENTATION OF PLANS OF SAFE 
                   CARE.

       (a) In General.--The Secretary of Health and Human Services 
     shall provide written guidance and, if appropriate, technical 
     assistance to support States in complying with, and 
     implementing, subsections (b)(2)(B)(iii) and (d)(18) of 
     section 106 of the Child Abuse Prevention and Treatment Act 
     (42 U.S.C. 5106a) in order to promote better protections for 
     young children and family-centered responses.
       (b) Requirements.--The guidance and technical assistance 
     shall--
       (1) enhance States' understanding of requirements and 
     flexibilities under the law, including clarifying key terms;
       (2) address State-identified challenges with developing, 
     implementing, and monitoring plans of safe care;
       (3) disseminate best practices related to developing and 
     implementing plans of safe care, including differential 
     response, collaboration and coordination, and identification 
     and delivery of services, while recognizing needs of 
     different populations and varying community approaches across 
     States;
       (4) support collaboration between health care providers, 
     social service agencies, public health agencies, and the 
     child welfare system, to promote a family-centered treatment 
     approach;
       (5) prevent separation and support reunification of 
     families if in the best interests of the child;
       (6) recommend treatment approaches for serving infants, 
     pregnant women, and postpartum women whose infants may be 
     affected by substance use that are designed to keep infants 
     with their mothers and families whenever appropriate, 
     including recommendations to encourage pregnant women to 
     receive health and other support services during pregnancy;
       (7) support State efforts to develop technology systems to 
     manage and monitor implementation of plans of safe care; and
       (8) help States improve the long-term safety and well-being 
     of young children and their families.
       (c) Construction.--The guidance and technical assistance 
     shall not be construed to amend the requirements of the Child 
     Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.).
       (d) Definition.--For purposes of this section, the term 
     ``State'' has the meaning given such term in section 3 of the 
     Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 
     note).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Garrett) and the gentlewoman from Oregon (Ms. Bonamici) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. GARRETT. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 5890.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. GARRETT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 5890, the Assisting 
States' Implementation of Plans of Safe Care Act.
  In 2016, a staggering 2.1 million Americans experienced an opioid 
abuse disorder. To put that in perspective, the number of fatalities 
based on opioid abuse in the most recent year approaches the number 
60,000. To put that in perspective, it is nearly sixfold the number of 
alcohol-related deaths on our highways. It is nearly twofold the number 
of automotive deaths on our highways. It is, in fact, greater than the 
number of deaths from automobiles plus nonsuicide-related firearms 
deaths combined.

[[Page H5126]]

  What is more troubling is that this number only takes into account 
those who directly suffered from substance abuse. What it does not take 
into account are the many people who experienced the secondhand trauma 
of a loved one struggling with opioid addiction.
  One of the greatest tragedies of the opioid epidemic is that 
thousands of children have been swept up by the current of the epidemic 
due to the substance abuse of a family member or other adult tasked 
with caring for them.
  The Child Abuse Prevention and Treatment Act, CAPTA, recently amended 
in 2016 by the Comprehensive Addiction and Recovery Act, CARA, requires 
States to implement a plan of safe care to protect the health and 
safety of young children and promote a family-centered approach to 
treatment and service delivery. Unfortunately, the requirements 
included by CARA failed to provide States with substantive guidance and 
information, which has led to significant confusion and poor 
implementation of plans of safe care.
  States and localities might benefit from written guidance and 
technical assistance provided by the Department of Health and Human 
Services as they strive to meet Federal requirements and address the 
known challenges in their individual plans. Through an enhanced 
understanding of the requirements, States will be able to better 
protect the well-being of children and infants when working with 
families impacted by the trauma related to opioid abuse.
  It is clear the opioid epidemic is already multigenerational in 
nature, as children must confront the pain of an addicted parent or 
guardian. By strengthening States' responsiveness and plans of safe 
care, we can help give these children the protection they need while 
strengthening families for long-term success and stability.
  I urge my colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BONAMICI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5890. The most recent omnibus 
legislation increased funding for the Child Abuse Prevention and 
Treatment Act, or CAPTA, by $60 million, and this bill would help 
States improve their support for infants, children, and families 
suffering from the opioid epidemic by requiring Health and Human 
Services to provide guidance to States on how to implement effective 
plans of safe care.
  Pregnant women and young mothers can face seemingly insurmountable 
challenges when struggling with addiction. I think about Tiffany, whom 
I met in Oregon. She is from Happy Valley, Oregon, and her struggle 
with addiction began after she was prescribed medication following a C-
section for her third child's birth.
  After having to send her kids to live with her mom, she was finally 
able to access treatment and other support services. She is now clean, 
in recovery, able to care for her kids again, and, importantly, help 
others.
  We must do everything we can to support moms like Tiffany and provide 
the necessary resources and care to parents and their children so they 
can have the opportunity to be reunited.
  Although I urge my colleagues to join me in supporting this bill, it 
is important to note that CAPTA, even with the $60 million increase, is 
not fully funded. Only when CAPTA receives the full amount authorized 
under law will States be able to meet all requirements and adequately 
address the needs of children exposed to substance abuse.
  Mr. Speaker, I want to thank my colleagues, Congressman Garrett and 
Congresswoman Murphy, for their work on this important legislation, and 
I reserve the balance of my time.
  Mr. GARRETT. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from North Carolina (Ms. Foxx), the honorable chairwoman.
  Ms. FOXX. Mr. Speaker, I thank my colleague from Virginia for 
yielding time.
  Mr. Speaker, across the country, communities are struggling to bear 
the heavy burden of the worsening trend to opioid addiction. At the 
Committee on Education and the Workforce, we like the idea of evidence-
based policymaking. We like to see numbers and statistics. We have to 
remember, though, that these are never just numbers; they are real 
people in our own communities.
  We have held hearings, spoken with experts, brainstormed solutions, 
and drafted bills. It has become abundantly clear to me that, for every 
person living with an opioid addiction, there are countless others who 
also have a steep price to pay. Few things are more devastating than 
witnessing a neighbor, a friend, a coworker, or a loved one fall prey 
to addiction and feeling powerless to stop it.
  I want to thank and commend members of the Committee on Education and 
the Workforce for leaving no stone unturned as we work to make healing 
possible to all victims of this scourge of addiction, not only those 
who are struggling with opioid abuse.

  Too many people, especially children, have been impacted by this 
scourge. Today's bills are designed to bring relief to those who are 
affected by the addiction while addressing the needs of children and 
families who have been left in this tragedy's wake.
  According to many experts, the worst of the opioid addiction is still 
to come. If we are to bring this senseless tragedy to an end, we need 
to do all we can to ensure that the law addresses the needs of 
families, workplaces, and communities at large. I believe the bills the 
House is voting on today will do just that, and again, I commend the 
members of the Education and the Workforce Committee for all their hard 
work.
  Ms. BONAMICI. Mr. Speaker, I yield such time as she may consume to 
the gentlewoman from Florida (Mrs. Murphy), who is a cosponsor of this 
legislation.
  Mrs. MURPHY of Florida. Mr. Speaker, I am proud to be the Democratic 
lead of this bipartisan bill, and I want to thank Mr. Garrett of 
Virginia for working with me on this legislation.
  The purpose of our bill is to ensure that States have effective plans 
in place to protect infants who are innocent victims of the opioid 
epidemic. The bill aims to help Florida and other States develop 
evidence-based policies and procedures to properly care for babies born 
dependent on drugs.

                              {time}  1515

  Too many Americans and too many Floridians battle opioid addiction. 
As a mother, it breaks my heart to see innocent children suffer the 
consequences of adult addiction. We must do everything possible to 
ensure that drug-dependent babies receive proper care at the hospital 
and proper family, community, and medical support once they are 
discharged.
  There are an estimated 2.1 million Americans addicted to opioids, 
typically, to prescription painkillers. Babies born to mothers who used 
opioids during pregnancy are at risk of an opioid withdrawal condition 
called neonatal abstinence syndrome. While there are common and 
effective ways to treat this syndrome, there are no uniform protocols.
  Under Federal law, States are required to develop a plan to safely 
care for infants exposed to substance abuse. However, a 2015 
investigation by Reuters indicated that very few States have plans in 
place that fulfill this Federal requirement. As a result, too many 
infants exposed to substance abuse and their caregivers are not 
receiving the comprehensive support they need.
  Our bill seeks to address this problem. It would require HHS to 
provide guidance to States on how to implement safe and effective plans 
to care for infants born dependent on drugs. It would ensure this 
guidance promotes evidence-based practices and encourages State 
governments to collaborate with healthcare providers, social service 
agencies, and other community stakeholders, and it would ensure that 
HHS' guidance promotes family-centered treatment that seeks to keep 
families intact whenever possible.
  Each year, thousands of babies in this country are born addicted to 
opioids, including about 4,000 in Florida alone. These babies need our 
support. This bill seeks to provide it. I respectfully ask my 
colleagues to vote ``yes.''
  Mr. GARRETT. Mr. Speaker, I am prepared to close if the gentlewoman 
from Oregon would like to conclude her remarks.

[[Page H5127]]

  

  Ms. BONAMICI. Mr. Speaker, I yield myself the balance of my time.
  Once again, Mr. Speaker, I want to encourage my colleagues to support 
this important legislation. I want to thank Congressman Garrett and 
Congresswoman Murphy for their work on the legislation. I also want to 
thank Chairwoman Foxx for reminding us that we are not just talking 
about abstract policy. We are talking about real people: men, women, 
and especially children who are affected by this crisis.
  So, again, thank you to the cosponsors of the legislation. I urge its 
passage, and I yield back the balance of my time.
  Mr. GARRETT. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I thank the gentlewoman from Florida, as well as the 
chairwoman from North Carolina and my friend and colleague from Oregon 
(Ms. Bonamici).
  I strongly urge my colleagues of every political stripe to recognize 
that, perhaps while responsibility is best exercised when taken and not 
given, we contemplate here the outcomes for so many innocents who are 
unable to determine their circumstance, that is, indeed, children who 
are born into this horrific affliction of opioid addiction, and 
understand that, while one might wax poetic about things like personal 
responsibility and accountability, the Federal Government does, indeed, 
have a role to fill a vacuum where the States have not acted in the 
circumstance wherein those who suffer suffer by virtue of circumstances 
far, far beyond their control.
  I would hope that the Members of this body on both sides would find 
themselves compelled by the sheer mathematical magnitude of the 
epidemic that is the opioid crisis--again, one that takes more lives 
than nonsuicide gun violence and automobile accidents combined, and one 
that impacts not just those who exercise choices but those impacted by 
circumstances far beyond their control--with this but a humble step, 
not a panacea, towards creating a better circumstance wherein all 
Americans experience something closer to an equal opportunity to 
prosper.
  Mr. Speaker, I urge my colleagues across both sides of the political 
spectrum to vote in favor of H.R. 5890, and I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Garrett) that the House suspend the rules 
and pass the bill, H.R. 5890.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GARRETT. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________