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. 2024 May 6;178(7):719–722. doi: 10.1001/jamapediatrics.2024.0903

Mandatory Child Protective Services Reporting for Substance-Exposed Newborns and Peripartum Outcomes

A Difference-in-Differences Analysis

Rohan Khazanchi 1,, Elisha M Wachman 2, Davida M Schiff 3, Anna Modest 4, Kelley A Saia 5, Heather E Hsu 2
PMCID: PMC11074925  PMID: 38709513

Abstract

This cross-sectional study examines data across 17 birthing hospitals before and after a policy change at Boston Medical Center in how reporting decisions are made in cases of prenatal substance exposure.


Clinicians are mandated reporters of suspected child abuse and neglect. In at least 26 US states, this includes cases of prenatal substance exposure (PSE) without exceptions for prescribed opioids or medications for opioid use disorder (MOUD).1 Yet mandatory reporting for PSE may stigmatize evidence-based care while contributing to unnecessary family surveillance and inefficient use of Child Protective Services (CPS) resources.1,2,3 In Massachusetts, only half of PSE reports filed in fiscal year 2021 were found to be consistent with abuse or neglect.4

In May 2021, Boston Medical Center (BMC) implemented a clinical practice guideline to inform reporting decisions for PSE, focusing on trauma-informed care and substance use treatment engagement with reporting to CPS only if protective concerns are identified. BMC’s guidance explicitly noted that CPS reports should not automatically be filed for prescribed opioid or MOUD use, positive toxicology tests, or positive substance use screens in the absence of protective concerns. We examined short-term impacts of this policy change.

Methods

The Boston University Medical Campus institutional review board approved this study with a waiver of informed consent. We followed the Strengthening the Reporting of Observational Studies in Epidemiology (STROBE) reporting guideline.

To evaluate BMC’s guideline (eMethods 1 in Supplement 1), we conducted a difference-in-differences analysis of opioid-exposed birthing parent–infant dyads across 17 birthing hospitals reporting quarterly to the Massachusetts Perinatal-Neonatal Quality Improvement Network (eMethods 2 in Supplement 1) from January 1, 2017, to May 31, 2023. We examined 3 newborn outcomes: proportion with CPS reporting prior to discharge, proportion discharged in a biological parent’s custody, and length of stay (LOS). Analyses used linear regression models with an implementation washout period from April to June 2021, an interaction term between binary indicators for “treatment” group (BMC vs non-BMC) and time period (before or after implementation), and adjustment for hospital and year fixed effects, prenatal exposure to nonprescribed opioids, and neonatal intensive care unit admission. Regression specifications, confirmation of difference-in-differences assumptions, and justification for our analytic approach are provided in eMethods 3 and 4 in Supplement 1. Statistical analyses were performed using R version 4.3.1 (R Foundation), with a significance threshold of P < .05.

Results

We identified 3658 opioid-exposed parent-infant dyads; 440 (12.0%) had birth hospitalizations at BMC (Table). The Figure shows outcome trends by quarter-year. Adjusted linear regressions confirmed preintervention trends without significant differences. In adjusted difference-in-differences analyses, guideline implementation was associated with a 44.9 percentage-point decrease (95% CI, −52.6 to −37.2) in the proportion of newborns reported to CPS without significant change in the proportion discharged with a biological parent (4.5 percentage points; 95% CI, −1.0 to 9.9), or LOS (0.0 day; 95% CI, −1.9 to 1.9).

Table. Characteristics of Birthing Parent–Infant Dyads at BMC vs All Other Sites, 2017-2023.

Characteristic No. (%)
BMC (n = 440) All other sites (n = 3218) Overall (N = 3658)
Birthing parent racea
Another race 17 (3.9) 129 (4.0) 146 (4.0)
Black or African American 49 (11.1) 116 (3.6) 165 (4.5)
White 327 (74.3) 2839 (88.2) 3166 (86.6)
Missing 47 (10.7) 134 (4.2) 181 (4.9)
Birthing parent ethnicitya
Hispanic 30 (6.8) 244 (7.6) 274 (7.5)
Not Hispanic 384 (87.3) 2794 (86.8) 3178 (86.9)
Missing 26 (5.9) 180 (5.6) 206 (5.6)
Infant sex assigned at birth
Female 210 (47.7) 1538 (47.8) 1748 (47.8)
Male 226 (51.4) 1672 (52.0) 1898 (51.9)
Missing 4 (0.9) 8 (0.2) 12 (0.3)
Gestational age, wk
Mean (SD) 38.0 (2.22) 38.4 (2.06) 38.4 (2.09)
Missing 6 (1.4) 33 (1.0) 39 (1.1)
Receipt of any NICU-level care
Yes 281 (63.9) 2667 (82.9) 2948 (80.6)
No 159 (36.1) 551 (17.1) 710 (19.4)
Type of in utero opioid exposure
Only prescribed opioids, including MOUD 249 (56.6) 2102 (65.3) 2351 (64.3)
Only nonprescribed opioids or unknown sources 47 (10.7) 450 (14.0) 497 (13.6)
Both prescribed and nonprescribed opioids 136 (30.9) 607 (18.9) 743 (20.3)
Unknown exposure 8 (1.8) 59 (1.8) 67 (1.8)
Other in utero substance exposuresb
Alcohol 23 (5.2) 100 (3.1) 123 (3.4)
Cannabis 44 (10.0) 948 (29.5) 992 (27.1)
Cocaine 129 (29.3) 594 (18.5) 723 (19.8)
Nicotine/tobacco 244 (55.5) 1563 (48.6) 1807 (49.4)
Amphetamine/methamphetamine 38 (8.6) 321 (10.0) 359 (9.8)
Benzodiazepine 89 (20.2) 480 (14.9) 569 (15.6)
Gabapentin 36 (8.2) 256 (8.0) 292 (8.0)
Other 41 (9.3) 349 (10.8) 390 (10.7)
Newborn receipt of NOWS pharmacotherapy
No 244 (55.5) 1982 (61.7) 2226 (60.9)
Yes 196 (44.5) 1236 (38.4) 1432 (39.1)

Abbreviations: BMC, Boston Medical Center; MOUD, medication for opioid use disorder; NICU, neonatal intensive care unit; NOWS, neonatal opioid withdrawal syndrome.

a

Race and ethnicity are reported as documented in the electronic health record, with options as designated by each study site. The category Another Race includes American Indian and Alaska Native, Asian, Native Hawaiian and Pacific Islander, and other races not otherwise listed.

b

Totals may sum to >100% because multiple exposures may be present.

Figure. Changes in Newborn Hospitalization Outcomes at Boston Medical Center (BMC) vs All Other Sites.

Figure.

Each panel depicts observed rates of outcomes aggregated for BMC and all other sites by quarter. The vertical dotted line indicates implementation of the BMC guideline change. The shaded area represents the washout period during which observed outcomes were excluded from analyses to allow time for guideline implementation. CPS indicates Child Protective Services; Q2, second quarter.

Discussion

Adoption of a trauma-informed clinical practice guideline requiring identification of specific protective concerns in the setting of PSE led to a large reduction in CPS reports. There were no significant changes in custody at discharge or LOS, suggesting the guideline change did not alter short-term disposition or discharge readiness.

Birthing parents prescribed MOUD perceive mandatory reporting to be unjust, stigmatizing, and harmful to family health.1 National quantitative studies corroborate these narratives: punitive reporting policies decrease access to substance use treatment and fail to improve neonatal outcomes.2,3 Our early findings should encourage health systems and policymakers to consider a possible counterfactual: if CPS reporting is redefined based on expert-identified protective concerns rather than categorical mandates, the benefits could include conservation of limited state resources, reduction in family surveillance, and mitigation of stigma.5

Limitations include generalizability, as this guideline change was implemented at an institution with dyad-focused prenatal and postpartum addiction care, including multidisciplinary case review and care coordination.6 Strengths include use of rigorous quasi-experimental methods and statewide comparative data to strengthen causal inferences.

Our study highlights that policies can shift from the harmful practice of categorically reporting all cases of PSE toward a trauma-informed process without short-term unintended consequences. These findings should motivate longitudinal analysis of dyad outcomes associated with judicious, guideline-directed filing practices for PSE.

Supplement 1.

eMethods 1. BMC Clinical Practice Guideline: “When to Report Protective Concerns in the Setting of Prenatal Substance Use”

eMethods 2. Details Regarding Data Source and Reporting Hospitals

eMethods 3. Main Difference-in-Differences Regression Specification

eMethods 4. Pre-Policy Trend Comparisons between BMC and Non-BMC Dyads (Parallel Trends Assumption)

Supplement 2.

Data sharing statement

References

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Associated Data

This section collects any data citations, data availability statements, or supplementary materials included in this article.

Supplementary Materials

Supplement 1.

eMethods 1. BMC Clinical Practice Guideline: “When to Report Protective Concerns in the Setting of Prenatal Substance Use”

eMethods 2. Details Regarding Data Source and Reporting Hospitals

eMethods 3. Main Difference-in-Differences Regression Specification

eMethods 4. Pre-Policy Trend Comparisons between BMC and Non-BMC Dyads (Parallel Trends Assumption)

Supplement 2.

Data sharing statement


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