NCJ Number
165774
Journal
Juvenile and Family Court Journal Volume: 48 Issue: 1 Dated: (Winter 1997) Pages: 53-56
Date Published
1997
Length
4 pages
Annotation
This article examines policies related to the prevention and management of the danger to nursing infants of the ingestion of the milk of drug-abusing mothers.
Abstract
The article presents two relevant court cases that illustrate the need for and the current lack of a coordination of services to drug-abusing mothers. An effective coordinated response must approach the problem on a graduated continuum of intervention, with direct criminal action used only as a last resort. Whatever form a response might take, however, it must focus primarily upon a therapeutic, nonpunitive intervention. Such a therapeutic approach is the only way to achieve the combined goal of saving the child, the mother, and the family structure. A model of effective coordination would bring together the primary medical, social work, and legal actors. Philosophically, the team would be therapeutic but would include court participation to ensure that interruption of custody is readily available if needed. A preventive approach must provide education, counseling, and treatment for pregnant females and mothers with neonates that is holistic and includes facilities for residential care if needed. A mid-range policy should be used to interrupt custody for holistic treatment. Finally, there should be a clarification of the last-resort policy for handling mothers who do harm or cause the death of their child in spite of having received treatment and counseling. This policy should include agreement as to appropriate prosecutorial mechanisms either through creation of a specific statute regarding harm through nursing with narrowly tailored circumstances, intent, and punishment range, or agreement about approaches under existing child abuse, assault, and/or homicide statutes. 7 notes and 9 references