'Aiden's Law' aims to prevent child deaths

A bill named for an eight-month-old Harbeson boy who died of massive brain injuries requires a plan of safe care for infants born exposed to heroin or illegal drugs.

“Aiden's Law” was introduced March 3 by Delaware legislators – less than six months after Aiden Hundley died. Aiden was born dependent on drugs.

He spent about a month at Beebe Healthcare; after 27 days, the Division of Family Services permitted him to go home with his parents, Casey Layton, 28, and Doyle Hundley, 38.

A Hospital High Risk Medical Discharge Protocol, which would require family services, medical staff and healthcare workers to create of plan of safe care for the infant before discharge, was not invoked in Aiden's case, said Dawn Thompson, spokeswoman for the Department of Services for Children, Youth and Their Families.

In a January meeting of the Joint Committee for Substance Exposed Infants/Medically Fragile Children, officials strengthened the high risk protocol by including drug-exposed infants.

Kelly Griffin, director of marketing and communication for Beebe Healthcare, said Beebe uses the Hospital High Risk Medical Discharge Protocol whenever a drug-exposed infant is identified.

"Beebe reports any concerns regarding mother and child having positive drug screens, and collaborates with DFS and other agencies to develop a plan for safe care of the newborn upon discharge," Griffin said. "DFS, and not the hospital, ultimately decides whether or not the baby goes home to the mother/parents or whether he/she is discharged to alternate arrangements."

Rep. Ruth Briggs King, R-Georgetown, is a sponsor of House Bill 268, also known as Aiden's Law. She said the bill removes the confusion that surrounded Aiden and his release from the hospital. The bill clarifies exactly what medical and state agencies must do to protect babies born exposed to heroin or other drugs or suffering from fetal alcohol spectrum disorder, she said.

"This legislation is intended to make sure substance-exposed children no longer fall through the cracks of the system simply because the right hand didn’t know what the left hand was doing," Briggs King said. "There will be a collaboration of efforts, as well as certain protocols in place, to make sure tragic cases like Aiden’s are very few and far between."

Too little, too late

DFS acknowledges a lapse in care on its part occurred after Aiden's release from the hospital.

Carla Benson-Green, secretary of the Department of Services for Children, Youth and Their Families, said the caseworker had difficulty finding Aiden's parents because they had been kicked out of a family member's home.

"The caseworker did not elevate the issue until weeks had gone by, and was finally able to track the family down using a special investigator," she said.

She said caseworkers need cooperation from family members when an investigation is opened. "We rely on others to be honest with us, and in this case, Layton and Hundley were not," she said.

Benson-Green said the caseworker involved with Aiden's case will be held accountable.

"The incident has been fully investigated and appropriate measures are being taken to hold the person accountable," she said.

But it was too late to save Aiden. In May, Aiden was admitted to A.I. Dupont Hospital where doctors discovered multiple injuries. The infant suffered numerous bone fractures, brain injury and spent the last few weeks of his short life on life support. He died Sept. 23.

His parents now face first-degree murder by abuse charges in connection with his death. They are both incarcerated on $106,000 cash bond.

Bill seeks accountability

Briggs King said the bill would improve the reporting system and establishes greater accountability for healthcare providers.

“I'm hearing from other agencies that the Division of Family Services is not hitting the mark,” she noted.

Aiden's Law would require the Division of Family Services notify an investigation coordinator when a report of a heroin or drug-exposed infant is received. Hospitals and healthcare providers are already required to report to DFS when a drug-exposed child is delivered.

Under the bill, the Division of Family Services, healthcare workers, the child's family and other agencies would then create a plan in writing for the care of a heroin or drug exposed infant before the infant is discharged from a hospital.

Once the child is discharged, community resources and assistance would be provided to families, with the intent to keep the family together, unless the child's safety is jeopardized, the bill states.

“We want a state statute that shows agencies are complying with the federal law,” Briggs King said. “I think there has been good intent, but too many holes in the current policy and procedures.”

A plan of safe care is already required for abused or neglected children by the federal Child Abuse Prevention and Treatment Act; Aiden's Law would amend existing Delaware code, extending the law to include heroin and drug-exposed infants.

The bill is similar to draft legislation that originated in the Joint Committee for Substance Exposed Infants/Medically Fragile Children, chaired by Jen Donahue, a child abuse investigation coordinator.

Donahue said the bill establishes a solid framework for what each agency should do for babies born with illegal drugs in their system.

“The Division of Family Services already has it in its policy but these plans are not being done in every case, resulting in miscommunications and bad outcomes,” Donahue said.

Donahue and child advocate Tania Culley helped draft Aiden's Law sponsored by Rep. Melanie George, D-Bear, Senate President Pro Tem Patricia Blevins, Sen. Cathy Cloutier, R-Heatherbrooke, Briggs King and others. The bill that now awaits action in the House Judiciary Committee.

Doctors oppose legislation

Some members of the medical community have voiced concerns against the legislation because they believe pregnant women will view it as punitive. During a Jan. 15 meeting of the joint committee, Dr. David Paul, chair of Christiana Care Health System's Department of Pediatrics, said adding heroin and drug-exposed infants to child abuse and neglect laws could be detrimental in treating pregnant women for drug addiction.

“Fears are driving women out of care,” he said.

Paul also was against methadone and other legal substances a woman uses under a doctor's care to be used against her.

Briggs King said the bill refers to illegal substances, which would rule out any legally prescribed medication.

Aiden was one of four children who died in 2015. Division of Family Services said that three of the infant deaths were heroin related. A fourth was a 7-year-old who committed suicide.

Ultimately, if a child's family is unwilling or unable to care for a substance-exposed child, they could lose custody, as in the case with abused or neglected children.

However, Briggs King said, the bill is not punitive.

Briggs King had previously considered a bill charging a woman with abuse if she delivered a drug-dependent baby going through withdrawal. She has since abandoned it in favor of Aidan's Law.

“Our job is to advocate for the child,” Briggs King said. “The mother made a choice at some point to try or experiment with drugs and it became a habit. An infant born doesn't have that choice. We need to make sure we're not placing a child in harm's way.”