NCJ Number
122485
Journal
International Journal on Drug Policy Volume: 1 Issue: 4 Dated: (January/February 1990) Pages: 10-12
Date Published
1990
Length
3 pages
Annotation
Drug abuse by pregnant women presents complex legal and ethical issues regarding the responsibilities of health care workers and society for children's health and welfare and concern for the mother's rights.
Abstract
A 1989 case involving a newborn in Bronx, N.Y. shows the problems raised by New York State law, which holds that a child who tests positive for drugs at birth is presumptive evidence of neglect or abuse by the mother. These children are held in the hospital's custody until their health is stabilized. After that they may be released to the custody of the mother, released to other family members, or placed in foster care. Some of these babies' health problems may result from the mothers' drug abuse; others, from the lack of prenatal care, good nutrition, or reduction of physical and mental stress. In addition, a large proportion of the mothers may come from homes in which one or both parents were drug users. These considerations raise ethical issues regarding legal responsibilities for children and issues related to either prosecuting women for illegal drug use during pregnancy or continuing to exclude them from many drug treatment programs. Treating pregnant addicts is clearly in everyone's interest; excluding them also excludes their children from a needed network of care.