1. Short title This Act may be cited as the Substance Use Disorder and Family Engagement in Recovery Act or the SAFE in Recovery Act . 2. Ensuring care and no undue family separation of families impacted by substance use disorder (a) In general Section 503 of the Social Security Act ( 42 U.S.C. 703 ) is amended by adding at the end the following new subsection: (d) Limitations on toxicology testing to detect substance use (1) In general As a condition of receiving payments under this section, each State— (A) shall not require the birthing parent of an infant who is identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a Fetal Alcohol Spectrum Disorder to undergo toxicology testing to detect substance use unless the parent— (i) gives clear and informed consent prior to such testing; and (ii) is able to access, if necessary for purposes of giving such consent, interpretation services and reasonable accommodations for disabilities; (B) shall ensure that a pregnant or postpartum individual taking a prescription drug, including a prescription drug for the treatment of a substance use disorder, in accordance with the recommendations of the prescribing practitioner, shall not be subject to investigations of child abuse and neglect on the basis that such individual is taking such prescription drug; (C) shall ensure that— (i) any toxicology testing to detect substance use that is provided to a pregnant or postpartum individual taking a prescription drug, including a prescription drug for the treatment of a substance use disorder, in accordance with the recommendations of the prescribing practitioner is consented to by the pregnant or postpartum individual in accordance with subparagraph (A); and (ii) such testing (and the results of such testing) shall not affect the individual's access to care or public assistance and shall not be the sole factor in a family separation determination involving the individual