NCJ Number
122327
Journal
Protecting Children Dated: (Winter 1989-1990) Pages: 21-23
Date Published
1990
Length
3 pages
Annotation
In the few challenges to prenatal abuse reporting to date, the courts have not, based upon statutory interpretation, imposed a reporting requirement.
Abstract
Under a medical malpractice theory, failure to take an adequate patient history or to prove for problems in light of certain symptomology might be grounds for a negligency action. In a civil tort action, however, proving a relationship between this failure and an infant's injury would be difficult. The use of a blood test to detect drug use for reporting purposes is a highly controversial topic which raises several legal and practical concerns, such as invasion of privacy, discouragement of pregnant women to seek prenatal care, and the effectiveness at detecting drug usage. An important question is whether evidence of drug exposure in a newborn, by itself, is grounds for a child abuse report. When a mandated reporter has reason to suspect that a child has been harmed, a report must be made. That the parent is abusing drugs or alcohol is irrelevant unless there is a likelihood or threat of harm. Evidence of drug and alcohol use alone will not sustain an abuse or neglect petition. If abuse or neglect is found, the agency must work with the parent to overcome substance abuse problems. 16 references.