Should Pregnant Drug Users Be Charged With Neglect?

A pregnant woman (Photo credit: Wikipedia)

This difficult question has resurged time and time again. People across all ages, cultures, and genders struggle with substance abuse. Although we tend to think of pregnant women and mothers as inherently good figures who never do anything dangerous, these social assumptions are obviously false and harmful.

Everyone is at risk for substance abuse, pregnant women included.




But this conversation has been brought to life again, this time in neighboring New Jersey. Currently, courts in Trenton are discussing whether or not a woman who gave birth in 2007 can be charged with neglect. Why? Tests showed that there was cocaine the baby's stool.

Lawyers in the Trenton case argued that cocaine showed that the mother was impaired, but did not prove that the child was born "on cocaine," or that it suffered any lasting effects.

On the other hand, James Harris, a deputy attorney general for the Department of Child and Family Services, emphasized that, "abuse and neglect cases often hinge on risk, and drug use is a huge risk factor for an unsafe home."

These are both strong arguments for one side or the other, but the average reader will tend to side with the second opinion. While doing research on this subject, I expected to find similar results from other organizations. In fact, one of the most important resources in this entire matter comes from an association completely against such a cause.

It comes from the National Perinatal Association out of Binghamton, New York. You'll see exactly why below.

Directly from their Position Paper, "Substance Abuse Among Pregnant Women:"

Data suggest that punishment is not the answer to perinatal substance abuse...Using the criminal justice system is a misguided attempt to
protect the fetus, undermines maternal and fetal wellbeing, and discourages the development of programs that address the needs of these women and their children...Prosecution does not stop pregnant women from abusing drugs. Rather, fear of prosecution can cause women to abort their pregnancies, push them underground, and discourage them from seeking treatment for their addiction...Women who worry that their children will be taken away at birth if they admit to substance abuse are less likely to seek essential prenatal and medical care.

According to this resource, the push towards sentencing pregnant women causes a reverse reaction. Instead of seeking help and guidance, those women will avoid medical care at all cost. Pregnant women are traditionally high-risk, which means they need more medical support than other populations. Combine all of those factors together and you have only a few women in jail or being punished for their drug use while countless others and their children struggle with this overwhelming challenge.

The National Perinatal Association also "encourages the screening and referral of all pregnant women for substance use, including alcohol, tobacco, and prescription drugs, during the course of their pregnancy."

But, let's go back to that initial claim of "abuse and neglect." What does that actually mean?

According to federal law, abuse and neglect can be:

• Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or

• An act or failure to act which presents an imminent risk of serious harm.

Smoking and drinking during pregnancy (Photo credit: Wikipedia)

Clearly, there is no easy way to resolve this case. By the definition of the law, there appears to be room for this ruling to stand. But on the other hand, perhaps creating this precedent isn't safe, either.

Either way, we hope that a solution can be found that helps both mother and child.

**This is a highly controversial topic, and we do not side officially with either perspective.**

For more information on this topic, please visit the following resources:

DrugAbuse.Gov - Topics in Brief: Prenatal Exposure to Drugs of Abuse
Drug & Alcohol Addiction Recovery Magazine - Substance Abuse Among Pregnant Women

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