Substance addiction continues to be an epidemic across the nation. Hundreds of pregnant women and new mothers have been accursed of child abuse and other crimes when they or their newborns have tested positive for control substances. (Pro publica) Substances such as nicotine, marijuana, alcohol opiates, cocaine and methadone pose serious risks health risks to the developing fetus. Currently in the United States, 18 states consider substance abuse during pregnancy child abuse under civil child welfare statues. Many professionals in the medical, legal, mental health, and advocacy field argue that criminalizing a pregnant women for substance abuse is like punishing a person for having diabetes or heart disease. Society and lawmakers need to
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(National Institute on Drug Abuse)
While we know that substance abuse during pregnancy can cause harm to both mother and child how does society help reduce this problem?
As early as 1925, The United States Supreme Court recognized addiction to be a disease. The courts reaffirmed this opinion in the 1962 decision in the Robinson V. California case. The court stated “It is unlikely that any state at this moment in history would attempt to make it a criminal offense for a person to be mentally ill, or a leper, or to be afflicted with a venereal disease, in light of contemporary knowledge, a law which made a criminal offense of such a disease would be doubtless be universally thought to be an inflection of cruel and unusual punishment, in violation of the eight and fourteenth Amendments. The prosecution is aimed at penalizing an illness rather than providing medical care for it”. (Lester, Andreozzi, Apiah, …show more content…
As of April 1, 2015, the following policies are in effect. Tennessee is the only state that allows assault charges to be filed against a pregnant woman who uses certain substances. 18 states consider substance abuse during pregnancy to be child abuse under civil child-welfare statutes, and 3 consider it grounds for civil commitment. 15 states require health care professionals to report suspected prenatal drug abuse, and 4 states require them to test for prenatal drug exposure if they suspect abuse. 19 states have either created or funded drug treatment programs specifically targeted to pregnant women, and 11 provide pregnant women with priority access to state-funded drug treatment programs. 4 states prohibit publicly funded drug treatment programs from discriminating against pregnant women. (Guttmacher Institute) In New Jersey, the states high court ruled in 2013, that drug use during pregnancy cannot be prosecuted under child abuse laws and that a positive test by itself does not establish neglect. (Grossman, 2013) New Jersey also has no specific law that states that health care workers must report drug abuse during pregnancy, nor if drug use is suspected during pregnancy
(National Institute on Drug Abuse)
While we know that substance abuse during pregnancy can cause harm to both mother and child how does society help reduce this problem?
As early as 1925, The United States Supreme Court recognized addiction to be a disease. The courts reaffirmed this opinion in the 1962 decision in the Robinson V. California case. The court stated “It is unlikely that any state at this moment in history would attempt to make it a criminal offense for a person to be mentally ill, or a leper, or to be afflicted with a venereal disease, in light of contemporary knowledge, a law which made a criminal offense of such a disease would be doubtless be universally thought to be an inflection of cruel and unusual punishment, in violation of the eight and fourteenth Amendments. The prosecution is aimed at penalizing an illness rather than providing medical care for it”. (Lester, Andreozzi, Apiah, …show more content…
As of April 1, 2015, the following policies are in effect. Tennessee is the only state that allows assault charges to be filed against a pregnant woman who uses certain substances. 18 states consider substance abuse during pregnancy to be child abuse under civil child-welfare statutes, and 3 consider it grounds for civil commitment. 15 states require health care professionals to report suspected prenatal drug abuse, and 4 states require them to test for prenatal drug exposure if they suspect abuse. 19 states have either created or funded drug treatment programs specifically targeted to pregnant women, and 11 provide pregnant women with priority access to state-funded drug treatment programs. 4 states prohibit publicly funded drug treatment programs from discriminating against pregnant women. (Guttmacher Institute) In New Jersey, the states high court ruled in 2013, that drug use during pregnancy cannot be prosecuted under child abuse laws and that a positive test by itself does not establish neglect. (Grossman, 2013) New Jersey also has no specific law that states that health care workers must report drug abuse during pregnancy, nor if drug use is suspected during pregnancy