The Issue
Under current law, Michigan families are routinely drug tested, reported, and investigated based on allegations of a positive drug test at birth. But a drug test is not a parenting test. Absent of any other indications of neglect, a positive test alone results in unnecessary reports and investigations, which in turn wastes state resources.
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Newborn drugs testing practices are biased and contribute to racial disproportionality in child welfare. Black and multiracial newborns are more likely to be tested for drug exposure in comparison to all other newborns. Newborns with public insurance and newborns associated with a highly disadvantaged parent were more likely to experience a drug test. Under current Michigan law, mandated reporters are required to report complaint of suspected child abuse to Child Protective Services for positive newborn drug testing, even when they do not have a true concern for child abuse. Biased drug testing combined with mandated reporting practices fuel racial and economic disproportionality in the child welfare system.
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Policy
Recommendations
01
Repeal the following provision in its entirety from Michigan’s Child Protective Law:
722.623a Knowledge or suspicion of alcohol, controlled substance, or metabolite of controlled substance in body of newborn infant; report required; exception.
02
Create Notification Based Pathway
Create a process for healthcare professionals, or an appointed delegate, to submit a deidentified notification to the Michigan Department of Health and Human Services (MDHHS) when an infant tests positive for any amount of a controlled substance or a metabolite of a controlled substance, or an infant born affected by parental substance use disorder or experiencing withdrawal.
03
Create a Taskforce
Establish a task force to ensure that there is a coordinated public health and service-integrated response to support all of Michigan’s families impacted by substance use. This requires healthcare professionals and various state agencies to work together to ensure the safety and well-being of infants and families, and establishes a holistic, standardized substance use treatment and support plan (TSP) to ensure infants and families are connected to supportive services in their communities.