Should Pregnant Drug Abusers Be Charged With Child Abuse?

The use of heroin, cocaine, and other illicit drugs has become a public health concern especially during pregnancy. Maternal substance abuse has become an issue during the crack epidemic in the 1980’s; however, there is an alarm rate of infants born addicted to heroin. More than 3.7% women have indicated the uses some form of illicit drugs during their pregnancy, as well as 1.9 % reports binge drinking (Bhuvaneswar el at., 2008; Grant el at., 2009). With this in mind, more than 375,000 infants are born to maternal substance abusers each year costing over $100,000 in medical expenses covered by the state (Reitman, 2002).

In 1989, a public hospital in Charleston, South Carolina began implementing a policy to randomly test women for drugs who came for prenatal care or delivery without their informed consent. If the women tested positive, they were arrested and not given the opportunity to seek drug treatment. In 1990, the policy was modified to allow the women to avoid being arrested if they entered into a drug treatment program, attended all their counseling appointments, and passed all their subsequent drug tests. Ten women tested positive for cocaine were arrested and responded by suing the hospital and the state. In 2001, the U.S. Supreme Court ruled in favor of the women because the tests were administered without their consent.

Prenatal exposure of a child to harm due to the mother’s use of an illegal drug or other substance.

Substance abuse during pregnancy can have a negative force on the health and wellness of not only the fetus, but that of the mother. The harmful effects of medications, alcohol and illegal drugs on an unborn child can be devastating and can have significant consequences to its use. Sometimes the effects can be faced and treated, and other times the outcome is a lifelong challenge. During the prenatal period, it is important that new mothers are informed of the different types of abuse, how they may affect the fetus, and the adverse conditions their child may be faced with before and after birth.

In 2014, after seeing a significant increase in babies born with neonatal abstinence syndrome (NAS), Tennessee began criminally charging pregnant women who use drugs (Sakuma, 2014). Supporters of the new legislation refer to it as a “velvet hammer” used to convince the pregnant drug users into going into treatment, or doing jail time. However, critics are concerned that this legislation will be just another barrier for a group of women who are already at risk, (Sakuma, 2014).

Through the years, substance misuse in the United States has turned into an industrious issue influencing numerous people. In 2008, it was assessed that 17.8 million Americans beyond 18 years old where substance subordinate. Women who use medications during pregnancy can have an enduring impact on fetal. Medications can have an impact of maternal and child wellbeing, yet there are a lot of different variables, which influence it, poor social environment, nourishment, cleanliness, and sexual abuse. Regenerative interruption connected with heroin utilization has been shown in both and women and even low dosages of opiates can impede ordinary ovarian capacity and ovulation. The harm that goes hand in hand with substance utilization comes either straightforwardly from the impact of the medication itself or from issues identified with development and/or unexpected labor. The entanglements of jumbling components clamorous way of life, poor nourishment, liquor utilization and cigarette smoking influence the appraisal of the impacts of cocaine in pregnancy. In obstetric practice, 100% of pregnant women utilizing cocaine or heroin are cigarette smokers. Cigarette smoking is presumably the most well known manifestation of substance utilizes and is noteworthy corresponding considering ladies who use unlawful medications. Babies whose moms smoked in pregnancy have a tendency to have lower conception weights and diminished length, cranial and thoracic

The use of controlled substances throughout pregnancy is a very prevalent issue among society today. Controlled substances have devastating effects on not only the mothers using the substances, but also infants while they are in utero and after they are born. Many infants born to mothers, who are abusing drugs, suffer from life threatening illnesses and are forever affected through adulthood. Specifically, heroin is a common drug form that is often used during pregnancy and results in the life threatening effects mentioned above.

Since the 1980’s, debate about how society should deal with the problem of criminalizing pregnant women who abuse drugs or alcohol has become a nationwide issue. Many states argue that the primary concern is making sure women have healthy pregnancies and healthy children. However, policies that threaten women with criminal prosecution and the potential loss of parental rights drive women away from pregnancy-related care. Constitutionally, enacting states to create these laws is unsound and places women in situations of risk. Less than a week ago a bill was sent to the governor of Tennessee after being approved by both the house and the senate, that would allow for women to be prosecuted if she takes an illegal drugs while pregnant. Although this bill is made to seem like it is promoting healthy pregnancies, many groups are urging the governor to veto it.

After reading about various topics regarding drug addiction, it wasn’t easy to narrow down this topic. Drug addiction and pregnancy was the topic found to be most interesting. Estimates based on court documents, news accounts, and data collected by attorneys representing pregnant women indicate that at least 200 women in more than thirty states have been arrested and criminally charged for their alleged drug use or other actions during pregnancy (Moore, 2010). Should pregnant women struggling with drug addiction be criminally prosecuted? This is a

The Adoption Encyclopedia “ Estimates of the percentage of pregnant women using cocaine have ranged from 10% to as high as 28% in some areas.” Cocaine is one of the oldest drugs known to man. This is a powerfully addictive stimulant, and is derived from coca leaves, and this drug has been abused for thousands of years. Crack Cocaine's worst damage to the fetus is its effect on the brain. It causes the brain's of both the mother and the fetus to experience the typical surge of dopamine. Since the fetal brain is still in the process of development, it can result in serious psychological addiction, attention deficit disorders, lack of cognitive abilities and developmental problems. Also crack's effects on the fetus result in seizures. Babies that are exposed to crack are at increased risk of birth defects, which include heart deformities. Crack causes an unborn baby to have a stroke or a heart attack. Cocaine abuse by mothers during pregnancy is linked with abnormalities in the development of the heart both before and after birth. Crack Cocaine

New Tennessee law that criminalizes mothers for using drugs while being pregnant. A mother became the first women to be arrested and charged for breaking the new Tennessee law that criminilizes mothers for using drugs while being pregnant. She admitted to smoking meth just a few days before giving birth, both her and her baby tested positive for methamphatamine. State senator, Mike Bell states why he noted against the measure, “I represent a rural district…there’s no treatment facility for these women there, and it would be a substantial drive for a woman caught in one of these situations to go to an approved treatment facility. Looking at the map of the state, there are several areas where this is going to be a problem. “Dorothy Roberts from

The question about whether pregnant women are liable for subjecting their unborn children to risk has yet to be properly addressed. One state South Carolina has been on the forefront of this issue. The Supreme Court in South Carolina in 1997 in the case Whitner vs. South Carolina decided that pregnant women who exposed their viable fetuses may be persecuted under the state child abuse laws. This action was specifically targeting women who use illegal drugs during pregnancy. Since this decision, other states like Arizona and Florida are following suit. In South Carolina, the Medical University of South Carolina Hospital routinely tested the urine of pregnant women for

“Crack-babies” a media induced phenomena brought about by the climax of public outcry from the results of the 1980’s war on drugs. This term laid the foundation for biased prosecutions which sparked a political crusade during climate of the time. Thus exploiting the public’s fear of children born to substance addicted mother and creating a firestorm of litigation to prosecute pregnant drug addicts. According to Flavin, Paltrow (2010), current evidence points to public stigmas and prejudice as posing a greater danger to both maternal and fetal health than use of the drug itself. Leaving the question as to why addicted women are still publicly reviled for the outcomes of their circumstances. From this abhorrence stems the likelihood that

When a child is affected from the mother using drugs during gestation, the child suffers for an infinite amount of time, so states should consider rethinking the laws to better support the child, not the mother. A child suffers with a numerous number of issues for eternity whenever his or her mother uses drugs during pregnancy. On the other hand, a child that is effected should have the rights to not live with the person who harmed him. Child abuse should be illegal in every state, not just the few that have made it illegal, and the mother should be tried and prosecuted. Along with keeping the child safe, prosecuting the mother also ensures the child to having a better life. The child will not have to worry about being made fun of, suffering from terminal diseases, and losing a parent to drug use. The child is more likely to live a healthier life if law enforcement can do away with the drug using mother. The laws that are in effect today are not feasible in most circumstances. The laws do not push through enough, and they are not strong enough to keep the drugs away from the child. That being said, more children are being affected day by day. The enforcement of the laws against prenatal drug abuse, in the United States, is important to the children of

Many women, including teens, abuse drugs while they are pregnant. This rate is especially high to those who are homeless, underprivileged, or live in a broken home. In order for drug abusers to even have a chance at beating their addiction they have to have support whether it’s family, friends, or boyfriend/spouse. They must also let the abuser now all the consequences to themselves and the unborn child. There are many consequences when using drugs during pregnancy such as miscarriage, health risks to baby, and health risks to the mother. And learning disabilities and brain damage to the fetus.