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Key Legislation

This section provides resources on key legislation, policy, and funding relevant to child welfare and substance use disorder (SUD) treatment systems.

Highlighted Resource

How some states use title IV-E foster care funding for family-based facilities that treat substance use disorders

How some states use title IV-E foster care funding for family-based facilities that treat substance use disorders

Office of the Assistant Secretary for Planning and Evaluation, 2021

The Family First Prevention Services Act (FFPSA) permits states to use title IV-E foster care funding for children placed in out-of-home

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Policy and Practice Resources

How Federal Legislation Impacts Child Welfare Service Delivery

Child Welfare Information Gateway, 2022

Examines how changes in federal legislative actions and policy affect state and Tribal child welfare systems and service delivery

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Title IV-E Prevention Program

Children’s Bureau, 2022

FFPSA authorized new optional title IV-E funds covering time-limited prevention services for mental health, substance abuse, and in-home

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Individuals with Disabilities Education Act (IDEA) Services

Centers for Disease Control, 2022

Provides information on the developmental and special education services available through the Individuals with Disabilities Education

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Title IV-E Prevention Services Clearinghouse

Administration for Children and Families, 2021

Conducts an objective and transparent review of research on programs and services intended to provide enhanced support to children and

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How some states use title IV-E foster care funding for family-based facilities that treat substance use dis...

Office of the Assistant Secretary for Planni..., 2021

The Family First Prevention Services Act (FFPSA) permits states to use title IV-E foster care funding for children placed in out-of-home

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Fact Sheet: SAMHSA 42 CFR Part 2 Revised Rule

Substance Abuse and Mental Health Services A..., 2021

Summarizes the Part 2 revised rule which modified several sections of the regulation. The revised rule does not alter the basic

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Medicaid Is Key to Building a System of Comprehensive Substance Use Care for Low-Income People

Center on Budget and Policy Priorities, 2021

Describes components of a comprehensive system of SUD treatment and describes action steps to leverage Medicaid to develop a

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Planning Title IV-E Prevention Services: A Toolkit for States

Office of the Assistant Secretary for Planni..., 2020

Helps states develop a plan for title IV-E prevention services and implement a comprehensive array of services to prevent foster care

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Fundamentals of 42 CFR Part 2 and SUD Treatment Privacy

Legal Action Center, 2020

Offers resources on Part 2, including Sample Consent Authorizing Disclosure of Part 2 Records, and a listing of the few limited

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Major Federal Legislation Concerned with Child Protection, Child Welfare, and Adoption

Child Welfare Information Gateway, 2019

Provides a summary of federal legislation enacted since 1974 that has shaped the delivery of child welfare services. Includes an

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About CAPTA: A Legislative History

Child Welfare Information Gateway, 2019

This factsheet summarizes the Child Abuse Prevention and Treatment Act (CAPTA) which is key Federal legislation addressing child abuse

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Substance Abuse Prevention and Treatment (SAPT) Block Grant

National Association of State Alcohol and Dr..., 2019

Provides an overview of the SAPT Block Grant, the largest source of federal funding for SUD treatment and other services. States using

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State Medicaid Strategies to Promote Early Identification and Treatment of Pregnant Women with Substance Us...

National Academy for State Health Policy, 2019

This brief highlights state initiatives, such as developing a Medicaid Opioid Strategy with a focus on pregnant and parenting women, and

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Fact Sheet: The Mental Health Parity and Addiction Equity Act (MHPAEA)

Centers for Medicare & Medicaid Services, 2016

Provides an overview of MHPAEA, including a summary of its protections, key changes made by MHPAEA, exceptions, and regulation.

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Child Welfare and IDEA Part C

Child Welfare Information Gateway

The 2003 CAPTA reauthorization required states to refer victims of abuse and neglect up to age 3 for developmental assessments under

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Early and Periodic Screening, Diagnostic, and Treatment (EPSDT)

Centers for Medicare & Medicaid Services

Children, adolescents, and young adults (21 or under) enrolled in Medicaid are eligible for a variety of services under the EPSDT

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Federal Funding Sources

Child Welfare Information Gateway

Offers various resources on funding sources for child welfare services. Examples include Child Welfare: An Overview of Federal Programs

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Implementing the Substance Use Disorder Provisions of the Family First Prevention Services Act: A Toolkit f...

Children and Family Futures

This toolkit summarizes two unique opportunities in FFPSA to support children and families affected by SUDs:

  1. FFPSA authorized new
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Laws & Policies

Child Welfare Information Gateway

Offers various resources on child welfare laws and policies including two search indexes: State laws on child abuse and neglect and

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Medicaid Substance Use Disorders Benefits Package

Centers for Medicare & Medicaid Services

Offers resources to states seeking to develop and enhance their SUD Medicaid benefits package. Resources include State Health Official

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Status of State Medicaid Expansion Decisions: Interactive Map

Kaiser Family Foundation

This website summarizes how states implemented the ACA Medicaid expansion. Information on actions toward potential adoption is available

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Additional Resources

Child Abuse and Prevention Treatment Act (CAPTA), Prenatal Substance Exposure Statutory Station Summary

National Center on Substance Abuse and Child..., 2017

Covers the history of the CAPTA prenatal exposure provisions, including the July 2016 Comprehensive Addiction and Recovery Act changes.

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Substance Abuse Confidentiality Regulations

Substance Abuse and Mental Health Services A...

42 CFR Part 2 (Part 2), established in 1975, examines concerns about the potential use of SUD information in non-treatment based

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Find Help with a Personal Situation

Substance Use and Mental Health Treatment Locator

To find treatment facilities confidentially, 24/7, please call 1-800-662-4357 (HELP).

To locate general treatment services, visit the Substance Abuse and Mental Health Services Administration’s (SAMHSA’s) Treatment Locator online or call 1-800-662-4357 (HELP). This service provides referrals to local treatment facilities, support groups, and community-based organizations. It is a free, confidential, 24-hour-a-day, 365-day-a year information service, in English and Spanish, for individuals and family members needing treatment for a mental and/or substance use disorder.

National Child Abuse Hotline

If you suspect a child has been harmed by abuse or neglect, please call 1-800-422-4453.

If you suspect that a child has been harmed or is at risk of being harmed by abuse or neglect, call the National Child Abuse Hotline at Call the National Child Abuse Hotline at 1-800-422-4453. Serving the United States and Canada, the hotline is staffed 24 hours a day, 7 days a week with professional crisis counselors who—through interpreters—provide assistance in over 170 languages. All calls, texts, and chats are confidential. If you believe a child is in immediate danger of harm, call 911 first.

National Suicide Prevention Line

For free and confidential support for people in distress, 24/7, please call or text 988, chat 988Lifeline.org, or call 1-800-273-8255.

If you or someone you know is having thoughts of suicide or experiencing a mental health or substance use crisis, help is available and there are options to receive compassionate care. You can call or text 988 or chat 988Lifeline.org. You can also call the National Suicide Prevention Lifeline at 1-800-273-TALK (1-800-273-8255). Both are confidential and available 24/7 to everyone in the United States and will connect you to a trained counselor at a suicide crisis center nearest you.

Contact Us

The National Center on Substance Abuse and Child Welfare offers free technical assistance to a variety of systems on making policy and practice changes to improve outcomes for families affected by substance use disorders and involvement with child welfare services. To learn more about technical assistance services or if you have a question please email NCSACW at ncsacw@cffutures.org or call toll-free at 1–866–493–2758.

National Center on Substance Abuse and Child Welfare