NCJ Number
138317
Journal
Journal of Juvenile Law Volume: 12 Dated: (1991) Pages: 1-15
Date Published
1991
Length
15 pages
Annotation
In an attempt to sanction pregnant women who abuse drugs or alcohol, many States are modifying their criminal codes to make child abuse statutes applicable to newborns and are instituting civil proceedings, with the result that many women are losing custody of their babies.
Abstract
These statutes and the consequent prosecutions are intended to solve the problem of the negative impact of drugs and alcohol on a developing fetus. But because the prosecution of women based on their decision to continue such a pregnancy violates their constitutional right to privacy in procreation, the court must apply a strict scrutiny test and the State must prove a compelling interest in prosecuting. This author suggests that criminal sanctions enacted against drug-abusing mothers may harm the State's interest by discouraging these women from seeking prenatal care and overburdening the foster care system. Rather than punishing addiction, a long-term commitment to treatment, education, and rehabilitation would serve the interests of both women and their children. The author urges the implementation of more accessible reproductive health care services, the provision of drug and alcohol treatment programs for pregnant women, the development of effective drug prevention programs, and the extension of Medicaid coverage to pregnant women in drug treatment centers. 115 references