Association between U.S. state prenatal drug use laws and child welfare reporting in Alabama, Maryland and Utah

Background: Over the past decade, states have passed several laws on prenatal drug use, including “maltreatment laws” deeming prenatal drug use child maltreatment, “reporting laws” requiring providers to report prenatal drug use to Child Protective Services (CPS) and “criminalization laws” that criminalize prenatal drug use. Method: We examined the association between a 2012 Utah maltreatment law, a 2013 Alabama maltreatment and criminalization law, and a 2014 Maryland reporting law on the rate of infant CPS reports using 2010-2017 National Child Abuse and Neglect Data System data. We conducted an event study comparing CPS reporting pre/post law in each treatment state with reporting in a pool of control states over the same period. Regression models included state and year fixed effects and state-level demographics. We triangulated quantitative results with qualitative interviews of 11 state leaders whose professional responsibilities included implementation of the state law. Results: We found no association between Alabama's simultaneous maltreatment and criminalization laws and infant reporting. Maryland's reporting law (28.2 fewer reports per 1000 infants, 95%CI: [-42.9, -13.6], 4-years post-law) and Utah's maltreatment laws (31.0 fewer CPS reports per 1000 infants, 95%CI: [-61.2, -0.8], 6-years post-law) were associated with declines in infant CPS reports. Qualitative results suggest that the reduced reporting associated with Maryland's reporting and Utah's maltreatment laws may be due to increased perceived stigma resulting from the law, and health providers’ distrust of CPS and/or confusion about reporting to CPS. Conclusion: Future research should characterize differential policy implementation across states and counties and identify policy impacts on treatment seeking behavior.