As Substance Abuse Rises, Hospitals Drug Test Mothers, Newborns 297 (N.C. 2015), Arrests of and forced interventions on pregnant women in the United States, 19732005: implications for women's legal status and public health, State v. McKnight, 352 S.C. 635, 647 (S.C. 2003), Ankrom v. State, 152 So.3d 397, 411 (Ala. 2013), Moral and social issues regarding pregnant women who use and abuse drugs, A gap in the criminal justice system, creating a new class of felons in pregnant drug-addicted women, a state-by-state analysis, Prosecution of illicit drug use during pregnancy: Crystal Ferguson v. City of Charleston, From the Office of the General Counsel. To date, the United States Supreme Court has declined to hear cases that raise questions about the constitutionality of such laws. 2023 Guttmacher Institute. The legal consequences of using drugs while pregnant Aspartame is an artificial sweetener in some food and drinks and small amounts may be safe during pregnancy. 31]. LEXIS 496 (Tenn. Crim. In totality, medical expertise seemed to play relatively little role in determining the outcome of most judicial decisions. Abstract. And in order to receive federal child abuse prevention funds, states must require health care providers to notify child protective services when the provider cares for an infant affected by illegal substance use. Clear evidence suggests that recognizing the substance exposed infant and . Criminalization has taken many forms including, but not limited to, the passage of fetal assault laws, policies that punish or penalize pregnant people for substance use during pregnancy, and the practice of judicial intervention or legal attempts at coercion for refusal of care during pregnancy. Here is a survey of state laws. Because drug use during pregnancy can potentially harm a fetus, federal law requires state CPS agencies maintain a protocol for when babies are born with drugs in their system or showing drug withdrawals. They also found that cocaine users were more likely to use alcohol or other drugs during pregnancy: 88 percent of pregnant cocaine users smoked, 80 percent consumed alcohol, 72 percent smoked marijuana, 14 percent used opiates and 9 percent used other illicit drugs. Some research shows that marijuana use during pregnancy is linked to health concerns, including high use of other substances that may impact pregnancy and infant health such as tobacco, and developmental problems in adolescents. As of 2018, 38 states had . Substance use providers that accept Medicaid must give pregnant people priority in accessing services. We do not capture any email address. Priority applies to pregnant people referred for treatment. Cocaine (including crack cocaine) and methamphetamine (speed, or ice) are powerful stimulants that effect the central nervous system. Kansas and Nebraska have no reporting or testing requirements, the survey says. Illegal Drug Use and Pregnancy - Children's Hospital of Philadelphia Illegal drugs in pregnancy. Arrests of and Forced Interventions on Pregnant Women in the United These cookies may also be used for advertising purposes by these third parties. Drug Use by State: Problem Areas. Those efforts continue under a wide variety of laws even in states where high courts have previously rejected the prosecution approach. An official website of the State of Georgia. Prenatal drug exposure may also contribute to long-term behavioral effects and developmental deficits. Smoking during pregnancy increases the risk of health problems for developing babies, including preterm birth, low birth weight, and birth defects of the mouth and lip. "Among newborns exposed to opioids in utero, between 55 percent and 94 percent develop withdrawal signsand 30 to 80 . On June 13, 1997, the governor of Tennessee signed House Bill 1413, making it a Class A misdemeanor for child abuse where: (1) a woman consumes alcohol or illegal drugs during pregnancy with knowledge or the reason to know that such consumption may result in harm to her child; and (2) the child is born addicted to alcohol or drugs. There were over 100,000 drug overdose . Studies show when a pregnant woman uses illegal drugs during pregnancy it can result in miscarriage, low birth weight, premature labor, placental abruption, seizures, respiratory problems, feeding difficulties, and death of the baby and the mother. Although briefs from medical or public health organizations supporting the defendants' position were submitted to the court in 29 percent of the cases (n = 7), only one majority ruling directly referenced a medical or public health organization amicus brief. Further research is needed to better understand how marijuana may affect pregnant women and developing babies. Substance Abuse During Pregnancy and the Threat of Jail Anonymous screening of consecutive urine samples testing positive for pregnancy from a UK inner-city clinic demonstrated that approximately 16% of the women had taken one or more illicit substances (Sherwood et al, 1999). Laws on drug testing of infants and new mothers vary, but the stakes are always high. More concerning, limited evidence suggests that punitive polices may deter women from prenatal care.49,,51 These policies also disproportionately affect minority and poor women.15,52 For example, in one study, black women who tested positive for substances at birth were reported to authorities at about 10 times the rate of white women, despite similar rates of substance use.47 Advocates of the punitive approach assert that drug courts can be used to compel treatment for pregnant women with substance use disorders. Tobacco and alcohol are the most commonly abused substances, followed by marijuana and cocaine. Her infant tested positive for cocaine shortly after birth. In the family court systems, there is no respect for medicine or science, she wrote. The underlying legal question considered in the judicial decisions in these cases is whether, for the purpose of adjudicating the criminal charges, a fetus is a child. Tennessee is the only state that has enacted a law that targets substance use by pregnant women on the basis of presumed harm to the fetus or child. Between 1992 and 1995, the number of states that prosecuted drug-addicted pregnant women increased nearly threefold. Further, some states, under the rubric of protecting the fetus, authorize civil commitment (such as forced admission to an inpatient treatment program) of pregnant people who use drugs; these policies sometimes also apply to alcohol use or other behaviors. If you or someone close to you needs help for a substance use disorder, talk to your healthcare provider or call SAMHSAs National Helpline at1-800-662-HELP. Maternal Substance Abuse and Child Development Project We reviewed legal decisions regarding women charged with a crime against a fetus or child as a result of substance use during pregnancy. Alabama's crackdown on pregnant marijuana users - al.com The use of tobacco and alcohol are common (these are discussed in Sections 12 and 13) but the use of illicit substances and the misuse of prescription medications is also important. Establishes requirements for health care providers to encourage and facilitate drug counseling. First, they say the developing fetus and newborn will be harmed by prenatal exposure to illicit substances. Federal Drug Laws. For access to services and immediate crisis help, call theGeorgia Crisis & Access Line(GCAL) at1-800-715-4225, available 24/7. In females, there is evidence that marijuana use may disrupt the menstrual cycle. Comparisons of drug laws to alcohol laws show that the policy trajectories started in opposite directions, but by 2016, the results were the same: Punitive policies were more prevalent than supportive policies across states. We also were unable to determine the race or economic status of the defendants and do not know if poor or minority women are overrepresented among the defendants. Using Drugs While Pregnant: Laws to Be Aware Of | Unplanned Pregnancy There may be many more unpublished trial decisions, the dimensions of which we have no way of assessing. Several methods of drug testing are efficacious in identifying and monitoring drug use during pregnancy. Illegal drugs in pregnancy - NHS One local news source investigated Poolaw's case in conjunction with 45 other pregnant women across the state charged with felony child abuse, neglect, or manslaughter in relation with substance use since 2017. Since 1973, authorities in at least 45 states have sought to prosecute women for exposing their unborn children to drugs. Given the opposition of medical and public health professionals to the criminalization of substance use during pregnancy, an understanding of both the range of criminal charges pregnant substance users may face and the role, if any, that medical expertise has played in the adjudication of these cases would inform understanding of the problem and of medical professional advocacy efforts. The Guttmacher Institute, which researches reproductive health issues, says 18 states consider abusing substances during pregnancy to be child abuse under civil child welfare laws, and Tennessee . 2007), State v. Hudson, 2007 Tenn. Crim. One published trial court decision was identified.24 In this case, a New York trial court in 1992 dismissed the charge of child endangerment for cocaine ingestion during pregnancy. For more information, see What You Need to Know About Marijuana Use and Pregnancyand The Health Effects of Cannabis and Cannabinoids: The Current State of Evidence and Recommendations for Research (2017). Another major concern is addressing the harm that a child of any age can \ suffer when a parent's use of alcohol or other substances leads to neglect of the child, or the child is exposed to illegal drug activity. My distant cousin is a meth addict. Such inhumane responses to drug use can only exist because they are almost exclusively reserved for poor people and people of color. Those unable to pay may perform community service instead. A substantial body of legal literature traces the development of case law related to substance use during pregnancy and problems with criminalization of pregnant women.15,19,,23 In this article, we systematically review published legal cases of women charged with offenses causing harm to their fetus or child as a result of substance use during pregnancy, wherein the trial court decision was appealed. The South Carolina Supreme Court held that a viable fetus is a "person" under the state's criminal child-endangerment statute and that "maternal acts endangering or likely to endanger the life, comfort, or health of a viable fetus" constitute criminal child abuse. The implication for medical experts is that advocacy efforts may be most useful when focused on state legislatures that are contemplating policies to reduce harms associated with prenatal substance abuse. Trainings on maternal substance abuse, child development, alcohol and other drug related effects are conducted for prevention providers. Urine screening remains the most commonly used method despite the limited period during which drugs can be detected. 1995), State v. Dunn, 916 P.2d 952 (Wash. Ct. App. In 2018, an estimated 12% of U.S. residents 18 years or older reported current unhealthy drug use in a national survey. Substance Abuse Reporting and Pregnancy: The Role of the - ACOG Based on results of this analysis, the authors jointly finalized the coding scheme, which was then applied to all of the identified cases. MSACD has currently established relationships with at least one community in every region across the state. These same legislators would be hard-pressed to take babies away from mothers who were struggling with medical treatment for hypertension or diabetes. More about smoking in pregnancy and drinking alcohol in pregnancy. Many advocates I interviewed in the course of my own research on this subject described the surveillance of pregnancies and non-consensual drug testing performed on pregnant women and their newborns as comparable to stop-and-frisks for young men of color. In the medical model, treatment, not punishment, is the remedy to reduce consumption of substances during pregnancy.4 Medical and public health experts are widely opposed to efforts to criminalize substance use by pregnant women.5,,8, Reflecting societal uncertainty about the best approach, legal penalties for substance use during pregnancy because of harm to the fetus or child vary significantly among the states. That said, there are a few things you should know about "drugs-while-pregnant" law across the U.S.: Most states have tried, at one point or another, to prosecute women for drug use during pregnancy. Under states child abuse law, a parent is considered unfit if they test positive for substances within eight hours after delivery and have previously been convicted of child abuse or neglect or if they failed to complete a drug treatment program recommended by Child Protective Services. In that way, this legislations attempt to punish mothers and fathers acts as a civil death penalty for families, for which children will pay the ultimate price.. For example, the court held in State v. Gethers that, fear of prosecution could deter pregnant drug abusers from seeking treatment for drug problems.26 Thus, all of the courts whose decisions functionally overturned convictions or dismissed charges did so on the basis of legislative intent, but varied with respect to additional supporting legal arguments. Women charged with or convicted of crimes against their child or fetus related to substance use during pregnancy have won on appeal much more often than they have lost. Heavy use of marijuana - that is, marijuana with high amounts of THC - has been linked to decreased fertility in both men and women. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. Drug Use During Pregnancy Policies in the United States From 1970 to Substance Use While Pregnant and Breastfeeding Most states do not have a law that requires hospitals to test infants and new moms for controlled substances. Dehumanizing Discourse, Anti-drug Law, and Policy in America: A "Crack Mother's" Nightmare . Pregnancy. [Ref. Among pregnant women aged 15 to 44, the average . They have 1 child together that was born prematurely due to her drug use. Prosecutors have attempted to rely on a host of criminal laws already on the books to attack prenatal substance use. Using illegal or street drugs during pregnancy, including cannabis, ecstasy, cocaine and heroin, can have a potentially serious effect on your unborn baby. Since the late 1980s, policymakers have debated the question of how society should deal with the problem of substance use during pregnancy. Contributions are tax deductible to the fullest extent allowable. Stopping your medication suddenly could be harmful for you and your baby. The Maternal Substance Abuse and ChildDevelopment (MSACD) Project focuses on theprevention of negative consequences of a maternalsubstance use through a variety of services. M. thought she was doing the right thing. Tennessee is the only state with a statute that specifically makes it a crime to use drugs while pregnant. Published on September, 30, 2015 Across the country, hundreds of pregnant women and new mothers have been accused of child abuse or other crimes when they or their newborns tested positive for. Some research shows that marijuana use during pregnancy is linked to health concerns, including high use of other substances that may impact pregnancy and infant health such as tobacco, and developmental problems in adolescents. Pregnancy - Department of Health She had become dependent on opioids, but when she learned she was pregnant, she immediately tried to enroll in a medication assisted treatment (MAT) program. Ct. App. Kentucky ranks amongst the last in the nation in rates ofchildhood poverty. In all of the cases, the judicial decision depended on the disposition of the question of whether, for the purpose of adjudicating the criminal charges, a fetus is a child. Cookies used to make website functionality more relevant to you. Policies That Punish Pregnant Women for Substance Use Don't Help - RAND Such information can assist in making diagnosis of neonatal abstinence syndrome (NAS), as well as help clinicians focus the plan for treatment and follow-up for the neonates. Wisconsin provides priority access to pregnant people in both general and private programs. Are Doctors Legally Required to Report Drug Use During Pregnancy It's best not to stop abruptly without first seeking medical advice as there may be . Pregnant Women Facing Incarceration For Drug Abuse Maternal Substance Abuse and Child Development Project | Georgia Department of Behavioral Health and Developmental Disabilities For access to services and immediate crisis help, call the Georgia Crisis & Access Line (GCAL) at 1-800-715-4225, available 24/7. Priority applies to pregnant people referred for treatment. Georgia Marijuana Laws - FindLaw But, for that matter, she could have been a pregnant alcoholic, causing fetal alcohol syndrome; or she could have been addicted to self abuse by smoking, or by abusing prescription painkillers, or over-the-counter medicine; or for that matter she could have been addicted to downhill skiing or some other sport creating serious risk of prenatal injury, risk which the mother wantonly disregarded as a matter of self-indulgence. This claim disregards the fact that drug addiction is ahealth issuewith biological, behavioral, and genetic dimensions, and similar to other health conditions, itdoes not respond wellto artificially imposed treatment timelines or mandated treatment. donate today. Finally, a number of states have placed a priority on making drug treatment more readily available to pregnant individuals, which is bolstered by federal funds that require prioritized access to treatment programs for anyone who is pregnant. 25states and the District of Columbia require health care professionals to report suspected prenatal drug use, and 8states require them to test for prenatal drug exposure if they suspect drug use. Subscribe to our newsletters for regular updates, analysis and context straight to your email. Indeed, few, if any, middle- or upper-class women who use drugs during pregnancy will ever experience a child abuse and neglect proceeding, let alone a termination of parental rightsthough drug use is common among people of all socioeconomic levels. In Kilmon v. State, the court said, 1991), State v. Luster, 419 S.E.2d 32 (Ga. Ct. App. Although the legal bases for appellate court decisions varied (see Table 1), the functional outcome was that the charges were dismissed (n = 14) or convictions overturned (n = 11) for 86.2 percent of the women (25/ 29). In Alabama and South Carolina, high courts have interpreted existing child endangerment and chemical endangerment statutes to allow prosecution of drug-using pregnant women and new mothers. For example, Amanda Kimbrough's child was born prematurely and died shortly after birth, having tested positive for methamphetamine. Otherstudieshave found that babies exposed to cocaine in utero perform better on several developmental measures when left with their mothers than do those removed to foster care. Cases were decided by state supreme courts (n = 15) and state courts of appeals (n = 14). 1. Will you help us fight back with facts? A new study co-authored by a University of Central Florida researcher shows that laws that punish substance use during pregnancy actually do more harm than good. Psychiatrists should be involved with drug treatment courts to ensure that any court-compelled treatment meets the complex medical and psychosocial needs of pregnant women with substance use disorders. At the present time, the Center for MSACD fulfills several roles in Georgia by sponsoring clinical, prevention, and research programs. Yet despite the country's best efforts to fight it, the problem is getting worse, and is exacerbated by the COVID-19 pandemic. 1992), Johnson v. State, 602 So.2d 1288 (Fla. 1992), State v. Gray, 584 N.E.2d 710 (Ohio 1992), Commonwealth v. Welch, 864 S.W.2d 280, 283 (Ky. 1993), Sheriff, Washoe County, Nevada v. Encoe, 885 P.2d 596 (Nev. 1994), Collins v. State, 890 S.W.2d 893 (Tex. Although this may be the case, the medical care mandated by many drug treatment courts falls well below the standard of care required for some pregnant women.53,54, Of note, the cases loosely reflect epidemiological trends in patterns of drugs of choice. Convictions were upheld only in Alabama and South Carolina, involving a total of four women. A total of 24 published judicial opinions met the inclusion criteria (Table 1).
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