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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

Comment: One commenter noted, with respect to new

§303.303(b)(2) (proposed §303.302(b)(2)), that section

106(b)(2)(A)(xxii) of CAPTA does not require referral to Part C services of children under the age of three who are affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure. This commenter requested that the Department clarify this fact in the preamble to these regulations.

Discussion: Section 303.303(b)(2) reflects the requirement

in section 637(a)(6)(B) of the Act that each State’s Part C

application include policies and procedures requiring the

referral for early intervention services of a child under the age of three who is identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure. Section 106(b)(2)(A)(xxii) of CAPTA, however, requires that each State that receives CAPTA funds assure that it has policies and procedures (including appropriate referrals to child protection service systems and for other appropriate services) to address the needs of infants born and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure. Thus, while the language of CAPTA differs from the language of section

637(a)(6)(B) of the Act, §303.303(b)(2) reflects the