Baby tests positive for illegal drugs? Arrest the mom.

[SydneyK]

Tennessee recently passed a new law criminalizing drug use during pregnancy. The new law went into effect on July 1. The first mother to be arrested under this new law was arrested on Tuesday - both she and her daughter (born Sunday) tested positive for amphetamines.

Here's an article about it.

Many people are celebrating the law, saying it will help more babies have a drug-free start to life; many people are criticizing the law, saying it will only cause more problems, particularly for the same babies the law is trying to protect.

What do you think, GC? Would you support a similar law in your state?

[DrPhil]

There will be both good and bad. We shall see whether the good outweighs the bad. I wouldn't want this in my state until the outcome of the law in other states can be measured.

[33girl]

Why do I see a rash of births happening outside the hospital or other safe and clean surroundings?

[DrPhil]

Originally Posted by 33girl

Why do I see a rash of births happening outside the hospital or other safe and clean surroundings?

Exactly.

[Kevin]

Originally Posted by 33girl

Why do I see a rash of births happening outside the hospital or other safe and clean surroundings?

Oh that already happens. At least in Oklahoma, with every hospital birth, we already check the meconium for evidence of the mother using drugs during the pregnancy. Almost always, if the meconium tests positive, the child is placed into protective custody and if the mother doesn't really get her crap together, the baby is placed for adoption and the parents' rights are terminated.

The only thing that has changed here is that there are now potential criminal charges when the mother does that.. and you know? It's about damn time. One of the things I do on a volunteer basis is represent the children at the show cause hearings, i.e., a hearing where the state has to present evidence as to why they have reasonable belief that the child is being abused or neglected.

I have seen women who have lost double-digit numbers of babies to the state, women who thought that if they had their babies in a different state, their child welfare history wouldn't follow them. I've seen women who have attempted to trade their babies for drugs or rent. I have seen women who tried to give birth at home because they were too high to make it to the hospital.

I'm not saying that some don't/won't get away with having babies off the books, but I'd like to hope that in the vast majority of cases, someone reports what is happening to Child Welfare Services, and in my experience a lot of people do. There's no telling how many of these women slip through the cracks, but in some of those above examples I've listed, considering the cost these women cause the taxpayers, I would like to see the criminal justice system used as much as possible to reform/rehabilitate these women. If something like drug court with the prospect of long-term incarceration for failure was an option, I'll bet some of these women could be saved.. And if not, there's no rehab program like long-term incarceration.

[DrPhil]

Of course it already happens. 33girl was predicting an increase linked to this law. The effectiveness of laws depends on desired outcomes and whether outcomes can be attributed to the law. We shall see the outcome of adding criminal charges.

[DrPhil]

Double post/

And I want this to not only be about the women as though they impregnated themselves. Where the hell are the men? The range of "relationships" that resulted in impregnation are something to be discussed. It needs to be discussed in terms of access to contraception, adults being responsible for their eggs and sperm, understanding consensual sex (and help for people who are being sexually abused), and the need for societies to address the hypocrisy of encouraging reproduction.

All of this needs to be addressed instead of continuing to throw bandaids on a problem that has persisted for generations. Taking children away and criminal charges may be deserving but they are still bandaids.

[MaryPoppins]

Originally Posted by DrPhil

Double post/

And I want this to not only be about the women as though they impregnated themselves. Where the hell are the men? The range of "relationships" that resulted in impregnation are something to be discussed. It needs to be discussed in terms of access to contraception, adults being responsible for their eggs and sperm, understanding consensual sex (and help for people who are being sexually abused), and the need for societies to address the hypocrisy of encouraging reproduction.

All of this needs to be addressed instead of continuing to throw bandaids on a problem that has persisted for generations. Taking children away and criminal charges may be deserving but they are still bandaids.

Amen!

[DeltaBetaBaby]

The criminalization of drug use is not the way to deal with addiction. Putting new mothers behind bars or otherwise straining their resources (fines, community service, etc.) does not help their children. I would oppose this strongly in my state.

[SydneyK]

Originally Posted by Kevin

Oh that already happens. At least in Oklahoma, with every hospital birth, we already check the meconium for evidence of the mother using drugs during the pregnancy.

Really? Every single hospital birth? Do the mothers/fathers know to expect that? Who pays for it?

I applaud the reasoning behind attempting to identify babies born into potentially dangerous/neglectful situations, but testing every single one really seems excessive.

[als463]

Many states already practice this. I don't know much about the mother getting arrested but, child protective services will step in if the baby is born addicted. In fact, in cases where the mother has a drug history and is currently in drug treatment, they usually do tests on the baby when it is born. I'm an advocate for methadone for women who are addicted to opiates and are pregnant because its controlled by a doctor with a specialized DEA number, it helps with the cravings, and it's much safer than shooting anything into your veins which can lead to Aids. When mothers in methadone treatment, in NY, have a baby, the child usually gets placed with someone else at first but, later goes back to the mother if it is proven through her treatment counselor (and sometimes also a PO) that she is not abusing drugs.

[DrPhil]

Yeah the change is in the criminal charge.

The more I think of this the more I consider it a bad idea at face value.

I want law enforcement, hospitals, CPS, Planned Parenthood, and harm reduction/drug safety coalitions to work together instead of slapping each other in the face.

[Kevin]

Originally Posted by SydneyK

Really? Every single hospital birth? Do the mothers/fathers know to expect that? Who pays for it?

Researched a little more. It's not all, but in these cases, a test is likely going to be ordered:

• Drop in deliveries;
• No prenatal care;
• Placental abruption;
• Premature birth or labor;
• Physical signs of substance use;
• Self-reported substance use;
• Maternal history of substance use; and
• Previous positive test.

I applaud the reasoning behind attempting to identify babies born into potentially dangerous/neglectful situations, but testing every single one really seems excessive.

Yeah, I was off the mark, it seems.

[Nanners52674]

I didn't know about testing the meconium but when I did an internship in obgyn the woman giving birth was always tested (not out of suspicion but so Dr. know what they're working with since not many people admit to using drugs) and then if that's positive they'd test the baby.

[Kevin]

Originally Posted by DrPhil

And I want this to not only be about the women as though they impregnated themselves. Where the hell are the men? The range of "relationships" that resulted in impregnation are something to be discussed. It needs to be discussed in terms of access to contraception, adults being responsible for their eggs and sperm, understanding consensual sex (and help for people who are being sexually abused), and the need for societies to address the hypocrisy of encouraging reproduction.

Well there's a perfect world and there's the real world. Some of these folks aren't too interested in making positive choices.

There was a proposal in Louisiana a number of years ago, or just the beginnings of one which would have paid folks to voluntarily be sterilized. Sounded like a good plan except folks were screaming about it being eugenics.

http://www.nola.com/news/index.ssf/2...n_plan_fi.html