Cases were decided by state supreme courts (n = 15) and state courts of appeals (n = 14). State law prohibits a medical provider from releasing information about a pregnant individuals drug or alcohol test without the patients consent. 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. Illegal drugs in pregnancy - NHS Briefs from medical or public health organizations were submitted to the court in seven of the cases, all supporting the defendant's position. NAS is a group of withdrawal symptoms that most commonly occurs in newborns after exposure to opioids during pregnancy.If you are pregnant and using opioid pain medications, CDC recommends you talk to your provider before starting or stopping any medications to help you understand all of the risks and make the safest choice for you and your pregnancy. App. "Among newborns exposed to opioids in utero, between 55 percent and 94 percent develop withdrawal signsand 30 to 80 . It found that parents face long wait lists when accessing substance use treatment services and often dont have the means to pay. The infant was born prematurely. Alabama's crackdown on pregnant marijuana users - al.com Illegal or recreational drugs and pregnancy | Tommy's There were over 100,000 drug overdose . Terminating a mothers rights to her newborn is an especially brutal drug war tactic that research and experience show will inflict far more harm than good on the children and families it allegedly aims to protect. 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. In Minnesota and North Dakota, a test is required if there are drug-related complications at birth. Cookies used to track the effectiveness of CDC public health campaigns through clickthrough data. Neonatal Abstinence Syndrome Workup: Approach Considerations - Medscape Using drugs while pregnant and addiction is a grave concern because it puts two lives at risk. Eighteen states have laws that say drug use during pregnancy is child abuse. To date, the United States Supreme Court has declined to hear cases that raise questions about the constitutionality of such laws. The groups listed below help people with drug abuse. What if a pregnant woman drives over the speed limit, or as a matter of vanity doesn't wear the prescription lenses she knows she needs to see the dangers of the road? While some papers estimate that 1-3% of birth defects are thought to be caused by medications taken during pregnancy, the authors could not find a source for this statement that was based on study d. An obvious example is the recent Tennessee law that explicitly made illicit drug use during pregnancy a form of criminal assault. Maternal Substance Abuse and Child Development Project | Georgia SUBSTANCE USE DURING PREGNANCY CONSIDERED: WHEN DRUG USE DIAGNOSED OR SUSPECTED, STATE REQUIRES: Pregnant People Given Priority Access in General Programs, Pregnant People Protected from Discrimination in Publicly Funded Programs. Georgia drug possession laws treat the crime very seriously and a conviction for possession of even a small amount of an illegal drug can subject you to serious penalties. This means that first-time offenders will be issued an infraction (like a speeding ticket) instead of jail, with a maximum fine of $150. The legislators behind these laws are essentially creating a capital offense for women who give birth despite having used an illegal drug, said Erin Miles Cloud, a senior attorney at the Bronx Defenders Family Defense Practice, who has represented numerous parents facing termination of parental rights proceedings. However, in 2015, law enforcement cracked down on drug use during pregnancy. Learn more about e-cigarettes and pregnancy, pregnant women or women planning to have a baby, National Center for Chronic Disease Prevention and Health Promotion, How to Manage Your Chronic Disease During a Disaster, Disaster Safety for Expecting and New Parents, Tools and Resources for Public Health Professionals, Safety Messages For Pregnant, Postpartum, and Breastfeeding People During Disasters, Maternal and Child Health Epidemiology Program, Pregnancy Risk Assessment Monitoring System, Pregnancy-Related Deaths: Data from Maternal Mortality Review Committees in 36 US States, 20172019, Pregnancy-Related Deaths Among American Indian or Alaska Native Persons: Data from Maternal Mortality Review Committees in 36 US States, 20172019, Maternal Mortality Review Information Application, State Strategies for Preventing Pregnancy-Related Deaths, Infographic: Racial/Ethnic Disparities in Pregnancy-Related Deaths United States, 20072016, Addressing Opioid Use Disorder to Improve Maternal and Infant Health, Working with States, Federal Partners, and National Organizations, Infographic: The US Opioid Crisis & Maternal and Infant Health, National Network of Perinatal Quality Collaboratives, Perinatal Quality Collaboratives: Working Together to Improve Maternal Outcomes, CDC Contraceptive Guidance for Health Care Providers, eBook: Selected Recommendations for Contraceptive Use, Providing Quality Family Planning Services, Data and Statistics: Need for Contraceptive Services Among Women of Reproductive Age, Common Reproductive Health Concerns for Women, Monitoring and Evaluating Maternal and Child Health Programs, Infographic of Saving Mothers, Giving Life Approach, Infographic: Saving Mothers, Giving Life in Uganda, Infographic: Saving Mothers, Giving Life Path to Safe Motherhood, Monitoring and Evaluation to Document SMGLs Progress, Maternal and Reproductive Health in Tanzania Project, Improving Access to Quality Maternity Care to Reduce Maternal and Newborn Deaths, Monitoring and Evaluating to Document the Health Improvements, Strengthening Maternal and Newborn Health Surveillance Systems, U.S. Department of Health & Human Services. *The Alabama Supreme Court held that drug use while pregnant is considered chemical endangerment of a child. In three of the cases in which medical expert testimony was referenced, the expert testimony was contradictory. Apr 20, 2022, M. Forrest Behne, Craig Waleed, Meghan Peterson, and Lauren Brinkley-Rubinstein Marijuana remains illegal at the federal level, even as some states have legalized it for recreational and medicinal use. In Johnson v. State, the defendant was charged and convicted of two counts of delivery of a controlled substance to a minor via the umbilical cord after she reported to the treating obstetrician that she had smoked marijuana and crack cocaine the day she went into labor. 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). These cases typically involve significant civil matters, such as termination of parental rights or civil commitment to inpatient treatment facilities.55,56 There are instances where women have faced civil complaints for behavior that is consistent with current standards of care for medical treatment of addictions. Support a worker-led Appeal. These 24 cases included 29 women in 19 states who were prosecuted for criminal charges related to harm to a fetus or child as a result of substance use during pregnancy. Newborn Drug Screening - Meconium and Umbilical Cord Tissue Using illegal drugs while pregnant can cause many complications to the baby including brain damage, premature birth, low birth weight and even fetal death. If youre using marijuana and are pregnant or are planning to become pregnant, talk to your healthcare provider. Substance Abuse During Pregnancy and the Threat of Jail Cocaine (including crack cocaine) and methamphetamine (speed, or ice) are powerful stimulants that effect the central nervous system. Applying CDCs Guideline for Prescribing Opioids: Substance Abuse and Mental Health Services Administration: American College of Obstetricians and Gynecologists (ACOG) Committee Opinion: The Centers for Disease Control and Prevention (CDC) cannot attest to the accuracy of a non-federal website. Contact your healthcare provider, local Alcoholics Anonymous, or local alcohol treatment center. The legal consequences of using drugs while pregnant Intellectual & Developmental Disabilities, Applications for New & Existing Providers, Improving Health Outcomes Initiative Collaborative Learning Center, How to Report a Concern or Complaint about the Quality of Care or Safety, Facebook page for Georgia Department of Behavioral Health and Developmental Disabilities, Twitter page for Georgia Department of Behavioral Health and Developmental Disabilities, Linkedin page for Georgia Department of Behavioral Health and Developmental Disabilities, The Maternal Substance Abuse and ChildDevelopment, Maternal Substance Abuse and Child Development Project. These same legislators would be hard-pressed to take babies away from mothers who were struggling with medical treatment for hypertension or diabetes. Substance Use During Pregnancy | Guttmacher Institute 1. 2023 Guttmacher Institute. The Wisconsin law is especially draconian: A woman can be detained against her will for the duration of her pregnancy, her fetus has its own court-appointed lawyer, she can lose custody of her baby after birth and the proceedings are mostly secret. A neonatologist who was an expert witness for the defense testified that the cocaine derivatives present in the children's urine were from exchange between the womb and placenta during pregnancy and that only a tiny amount of cocaine derivative could have passed through the umbilical cord during the 30- to 60-second period after the child was born and before the umbilical cord was cut. Proceedings resulted in dismissal of the charges or convictions overturned for 86.2 percent of the women. We did not examine judicial decisions regarding women who have faced civil child abuse proceedings related to prenatal substance use. Dr. Angelotta is Instructor of Psychiatry and Behavioral Sciences, Department of Psychiatry, Northwestern University Feinberg School of Medicine, Chicago, IL. As her due date approached, M. found a hospital that claimed to specialize in the care of babies who were exposed to opioids in utero and traveled a far distance to give birth there. The research that does claim to link substance use to maltreatment of children is not authoritative. However, fentanyl has also been manufactured illicitly, and its distribution is on the rise. As part of CDCs efforts to prevent overdoses and substance use-related harms, CDC is taking specific actions to prevent opioid use disorder among pregnant women and women who could become pregnant and to make sure women with opioid use disorder get proper treatment. Substance use in pregnancy is an important issue in antenatal care. We developed categories of relevant variables to code a priori. CPS immediately removed her newborn from her care, largely based on evidence of her opioid use. Reyes was charged with two counts of felony child endangerment for her heroin use Every pregnant woman facing substance use disorder deserves to get the help she needs so that she and her infant have the best possible chance to thrive. The treating pediatrician opined that the cause of death was respiratory arrest secondary to prematurity, whereas the medical examiner said that the cause of death was acute methamphetamine intoxication.18 Two of the opinions16,30 that directly referenced published medical literature referred to data that supported the conclusion that cocaine use during pregnancy creates a substantial and well-established risk to the unborn child and that this effect is within the scope of public knowledge. Hence, health care providers should select relatively safe drugs. However, pregnant women with a disease called phenylketonuria shouldn't eat or drink aspartame. My distant cousin is a meth addict. Subscribe to our newsletters for regular updates, analysis and context straight to your email. Since 1973, authorities in at least 45 states have tried to prosecute women for exposing unborn children to drugs. Substance Abuse Reporting and Pregnancy: The Role of the - ACOG An example of this reasoning was articulated by the majority in State v. Welch: Thank you for taking the time to confirm your preferences. *The Alabama Supreme Court held that drug use while pregnant is considered chemical endangerment of a child. Prosecuting Women for Drug Use During Pregnancy: The Criminal Justice 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. The substances related to the charges included cocaine, heroin, methamphetamine, marijuana, and prescription pills. Fetal Assault Laws. Born addicted: Drug-screening pushed for pregnant women - USA TODAY For example, onestudyfound that parents who use opiates find babies less cutewhile conceivably notable, this finding does not meet the legal standard for terminating a parents rights. A mother taking illegal drugs during pregnancy increases her risk for anemia, blood and heart infections, skin infections, hepatitis, and other infectious diseases. App.3d 214 (Cal. A newborn infant's death nearly 15 years ago is still causing a fierce legislative battle in Arizona and other states around the country. In many places, women lose their children or end up in behind bars, sometimes even if the drug was prescribed. Quitline coaches can answer questions, help you develop a quit plan, and provide support. Neonatal exposure to some drugs during pregnancy can have harmful effects on development and may lead to acute adverse events, including neonatal abstinence syndrome (NAS) and infant mortality. Drug Use During Pregnancy: Will CPS Be Involved? - Williams Law Group, LLC You should also speak to your GP, midwife or a drug support service if you're regularly taking prescribed medicines. Urine screening remains the most commonly used method despite the limited period during which drugs can be detected. To learn more about medication-assisted treatment for opioid use disorder and considerations in pregnancy, visit https://www.samhsa.gov/medication-assisted-treatment. While medication assisted treatment (MAT) is covered under Arizonas newly expanded Medicaid programs, Arizonans still struggle withaccessto MAT treatment. To receive email updates about this page, enter your email address: We take your privacy seriously. Severalstudiesdocument that hospital staff disproportionately drug test and report to child protective services low-income women andwomen of color. The Center for MSACD also provides training, workshops, and other informational services concerning prenatal exposure to alcohol, nicotine, illicit drugs, and prescription drugs. 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. In males, marijuana is thought to decrease sperm quality and testosterone levels. Keywords: laws, policies, substance use, care, treatment, infants, neglect Created Date: 8/17/2022 9:48:14 PM 1991), State v. Luster, 419 S.E.2d 32 (Ga. Ct. App. M. thought she was doing the right thing. Arrests of and Forced Interventions on Pregnant Women in the United Prescription Opioid Pain Reliever Use During Pregnancy, The US Opioid Crisis & Maternal Infant Health, Centers for Disease Control and Prevention. Aspartame. In the family court systems, there is no respect for medicine or science, she wrote. How some hospitals are drug testing new mothers without consent, How Alabamas meth lab law is unfairly punishing pregnant women, Mothers: tell us about drug testing at your hospital. Key takeaways: In some states in the U.S., healthcare providers are required by law to report substance use during pregnancy. 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. July 14, 2014 -- Though the first mother has been charged under a new Tennessee law that makes it a crime to use drugs while pregnant, many of the most respected medical groups have opposed . Maternal Substance Abuse and Child Development Project Exact terminology for relevant crimes varies across states and broad inclusion criteria were used for initial case review. Drug abuse has a long and storied history in the United States, and we've been "at war" with it since 1971 under the Nixon administration. 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. This evolution over time may reflect contemporaneous moral panic linked to the potential deleterious effects of particular substances on fetal outcomes.1. 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. The federal Department of Health and Human Services recently released areportreviewing Kentuckys child welfare system. donate today. The Florida Supreme Court found the medical testimony inadequate to support the trial court's finding that a delivery occurred during the birth process, even if the criminal statute had been applicable.29 In Arms v. State, Arms was also convicted of a drug delivery charge that was overturned by the state supreme court, in part on the grounds that the relevant statute, does not expressly criminalize the passive bodily processes that results in a mother's use of a drug entering her unborn, or newborn child's system.45. For access to services and immediate crisis help, call theGeorgia Crisis & Access Line(GCAL) at1-800-715-4225, available 24/7. Despite progress in the criminal legal system, the drug war remains almost unchallenged in the child protection system, and it is wreaking havoc on families. Although pregnancy is an exciting time, there are stresses and risks that come with pregnancy and the postpartum period. Dehumanizing Discourse, Anti-drug Law, and Policy in America: A "Crack Mother's" Nightmare . Drugs with evidence of fetal harm were widely used. Lets Be Clear GA - MARIJUANA AND PREGNANCY Since 1973, authorities in at least 45 states have sought to prosecute women for exposing their unborn children to drugs. The court also referred to rulings by appellate courts in other jurisdictions that had held similarly in comparable cases. 1. International Perspectives on Sexual and Reproductive Health (19752020), Perspectives on Sexual and Reproductive Health (19692020). Further research is needed to better understand how marijuana may affect pregnant women and developing babies. The report also found that Kentuckys child protection agency was not making enough efforts to prevent removal or re-entry to foster care. The state legislature passed the law in 2014 explicitly to permit criminal assault charges for illicit substance use in pregnancy and, on conviction, imprisonment.10 The impetus for the law was rapidly rising rates of neonatal abstinence syndrome, an opioid withdrawal syndrome in infants that may require prolonged monitoring in intensive care units.12 The law expired on July 1, 2016, based on a sunset provision in the original bill.10 No other states have similar criminal statutes, but two other state legislatures recently debated criminalization to combat the opioid epidemic.13,14. Fetal or infant toxicology was reported in 24 of the pregnancies, and included positive findings for cocaine (n = 13), heroin (n = 1), and methamphetamine (n = 8) and one case wherein testing was negative for the relevant drug oxycodone, but the infant nonetheless displayed signs of withdrawal.31. Teratology and Drug Use During Pregnancy - Medscape The other opinion33 that directly referenced medical literature did so to demonstrate the range of behaviors that are not legally proscribed (e.g., smoking, failing to obtain prenatal care) that are associated with poor neonatal outcomes. DRH presents state and national estimates of marijuana use among pregnant women. To view abstracts of recent publications in PubMed, see Prevalence and patterns of marijuana use among pregnant and nonpregnant women of reproductive age and Marijuana use during and after pregnancy and association of prenatal use on birth outcomes: A population-based study. If you valued this article, please help us produce more journalism like this by making a contribution today. If you are pregnant or trying to get pregnant and cannot stop drinking, get help. As of last year, they were still apart, and M. has since lost touch with her lawyer. 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. State Laws Punish Pregnant People Just For Seeking Drug Treatment Opioid abuse, dependence, and addiction in pregnancy, Medication assisted treatment in US drug courts: results from a nationwide survey of availability, barriers and attitudes, Maternal-fetal rights and substance abuse: gestation without representation, Pregnant women and the use of corrections restraints and substance use commitment, New Jersey Division of Child Protection & Permanency v. App. Using illegal drugs during pregnancy is dangerous for an unborn baby and the mother. A total of 24 published judicial opinions met the inclusion criteria (Table 1). Later in the pregnancy, these illicit drugs may cause. Ct. App. If a woman is drinking alcohol during pregnancy, it is never too late to stop. 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 controlled substances. To learn about CDC activities to prevent fetal alcohol spectrum disorders, visit About Us from the National Center on Birth Defects and Developmental Disabilities. 2007), State v. Geiser, 763 N.W.2d 469 (N.D. 2009), Cochran v. Commonwealth, 315 S.W.3d 325 (Ky. 2010), State v. Stegall, 828 N.W.2d 526 (N.D. 2013), Arms v. State, 471 S.W.3d 637 (Ark. 1 Unhealthy drug use is more commonly reported by young adults aged 18 to 25 . Moreover, there is a great deal of overlap between drug use during pregnancy policies and alcohol/pregnancy policies. In Tennessee, this law carries a maximum penalty of 15 years in prison. Three of the key areas in which they can have an effect are 1) adhering to safe prescribing practices, 2) encouraging healthy behaviors by providing appropriate information and education, and 3) identifying and referring patients already abusing drugs to addiction treatment professionals 13. remove barriers to pregnant women with substance use disorders from getting evidence-based treatment that's tailored to their unique needs. This is all done under the cloak of what is in the best interest of the childbut that is ironic, because they are hurting my son.. Substance abuse reporting and pregnancy: the role of the obstetriciangynecologist, Board of Trustees, American Medical Association, Legal interventions during pregnancy: court-ordered medical treatments and legal penalties for potentially harmful behavior by pregnant women, Tennessee voices: drug use in pregnancy is an epidemic, Prenatal Drug Use/Criminal Offense S.B. The balance in the courts in favor of treating substance use during pregnancy as a medical problem depends on the definition of a child for the purposes of criminal statutes. There is also no safe time during pregnancy to drink. This is all exacerbated by a series of measures Arizona has undertaken to constrict its social safety net, leaving families struggling with inadequate access to cash, food, housing, child care, and transportation. Further research is needed to better understand how marijuana may affect pregnant women and developing babies. For the purpose of this review, we identified published legal decisions regarding women criminally charged with a crime against a fetus or child for substance use during pregnancy from appellate level courts. Using illegal or street drugs during pregnancy, including cannabis, ecstasy, cocaine and heroin, can have a potentially serious effect on your unborn baby. State Responses to Substance Abuse Among Pregnant Women Policies That Punish Pregnant Women for Substance Use Don't Help - RAND Quitting early or before pregnancy is best, but its never too late to quit smoking. "Opioids are what we worry about most," he explained.