A bill that would create a multi-disciplinary task force to help pregnant residents combat substance use disorders (SUDs) was passed in the Illinois General Assembly on Wednesday.
The task force created by Senate Bill 3136, sponsored by Sen. Cristina Castro (D-Elgin), would be based at the Illinois Department of Human Services and chaired by two members of the legislature.
SB 3136 cosponsor Rep. Mary Beth Canty (D-Arlington Heights) said data used to form the task forces’ composition came from the American College of Obstetrics and Gynecologists and the Illinois Perinatal Quality Collaborative. The task force would be responsible for designing a family recovery plan for substance-exposed infants, she said.
“Required by federal law, a family recovery plan is a plan for medical treatment, recovery services, and referrals to community resources for both infants and caregivers,” Canty said. “SB 3136 will encourage pregnant women with SUDs to seek and stay in treatment and prenatal care.”
SUDs are one of the leading causes of death for pregnant women in the U.S., Canty said, and the bill will help address that problem.
SB 3136 also changes the reporting requirements for infants born with positive toxicology screens. Canty said the Department of Children and Family Services (DCFS) will still receive positive toxicology reports, but they will not automatically go to the state’s attorney’s office. The bill would not fundamentally change the current child welfare system, however.
“DCFS will continue to investigate and bring in law enforcement at the appropriate time as their investigation proceeds, concluding within 60 days,” Canty said. “It will also require a court to consider a parent’s access to and compliance with recommended services prior to terminating parental rights.”
Transitioning away from a punitive-based system will help encourage expectant parents to seek treatment, Canty said, thereby improving maternal and fetal health.
Canty said the bill is an Illinois State Medical Society initiative, and is supported by the Illinois Nurses Association, the Cook County Public Guardian, the Kane County State’s Attorney, the Illinois Collaboration on Youth, the Illinois Chapter of the American Academy of Pediatrics, and the Illinois Court Appointed Special Advocates, among others.
The opposition to SB 3136 is from the McHenry County State’s Attorney’s Office. DCFS has indicated a neutral stance on the bill.
“This is a bill designed to help women struggling with SUD. If we can get them healthy early in their pregnancies, we have a stronger likelihood that they will have a healthy child, and we will have a stronger likelihood that they will stay healthy to take care of that child.”
― Canty
SB 3136 passed with bipartisan support in both chambers, and multiple lawmakers spoke in favor of the bill.
Rep. Bill Hauter (R-Morton)―a physician―supports SB 3136, and said it is supported by people who care for their patients and want to incentivize women to get prenatal care.
“We have a real problem with perinatal morbidity and mortality,” Hauter said. “[SB 3136] incentivises them to get care, incentivises them to get treatment, and allows for safe discharge of a drug-exposed child.”
Rep. Carol Ammons (D-Urbana) said several lawmakers have been working to address the issues highlighted in SB 3136. She said statistics show that Black babies are more likely to be taken from their mothers due to a positive toxicology screen, yet people across the nation, regardless of race, use drugs at almost the same rate.
“Several of us have been working for years to address this issue, where we saw, statistically, demographics that represented a high percentage of African-American babies being taken in the hospital, and very little services being provided to the mother,” Ammons said.
Ammons spoke in support of SB 3136, and said she hopes the task force will address the racial disparities in the child welfare system.
SB 3136 awaits Gov. Mike Dunleavy’s signature for implementation.
Readers can learn more about children’s healthcare in Illinois during the “Improving Children’s Health and Welfare” panel at the 2024 Illinois State of Reform Health Policy Conference, which will be held on May 29 at the Fairmont Chicago Millennium Park. Those interested can register here.