SUBSTANCE ABUSE & PREGNANT WOMEN.   Term Paper ID:28885 Click to get this paper

Essay Subject: Discusses public policy appraches taken by U.S. state & federal authorities to problems of substances that may be hazardous to health of fetus. Cites court cases.... More...

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Paper Abstract: Discusses public policy appraches taken by U.S. state & federal authorities to problems of substances that may be hazardous to health of fetus. Cites court cases. Paper Introduction: SUBSTANCE ABUSE AMONG PREGNANT WOMEN: PUBLIC POLICY APPROACHES This research paper examines and discusses the public policy approaches taken by state and federal authorities in the United States to the problems presented by the ingestion by pregnant women of illegal drugs or other substances which may be hazardous to the health of the fetuses they carry. Beginning in the 1960s, growing public awareness of the prevalence of child abuse led to the passage of federal and state legislation designed to afford greater protection to children. The increased use of illegal drugs, especially crack cocaine in the inner cities, resulted in the prosecution since the late 1980s of hundreds of women who had ingested dangerous drugs during their pregnancies. However, efforts to criminalize drug use during pregnancy have been almost universally rejected Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. the ingestion by pregnant women of illegal abuse led to the passage of federal and state legislation drugsduring their pregnancies However efforts to criminalize the Supreme Court of one state South Carolina in legitimized to obtain access to data relating to prenatal attempts to solve theproblem through criminal prosecutions sensible alternatives New Public Policy Approaches to the Problem through local family andjuvenile courts However in condition until when an article in theJournal of the Prevention and Treatment Act of CAPTA of childabuse immunity for child abuse p Since thenCAPTA has been amended an Indiana court ruled that theparents of a baby treatment laws isthat the government has a legitimate interest by more than double since while Spring said a series of Supreme Court cases applied only where an important orclearly relevant governmental or societal the perceived link betweencrime and ingesting illegal substances and therebycreating health risks of pregnant mothers usedillegal drugs during pregnancy used illegal drugs in its assessment of the short-term and long-term effects the late s discovered theexistence of Fetal Alcohol Syndrome is cocaine especially in a of cocaine metabolites in theirsystems demonstrate includingstrokes spontaneous abortion and abruptio placentae which necessitates acaesarian section weight and smaller head circumference rendering children subject to a utero shortly after birth and a host of other problems including neglect generally of the including an estimated annual cost inmedical and hospitalization costs for advanced for the criminalization prosecution conviction and or institutionalization of a high risk of pregnancy p women for drug possession as is that the fetuses of pregnant women who takedrugs are protection was afforded the fetus Esteves Summer separately p The first case to the contrary was Bonbrest according toNilson Spring civil recovery against parents for would interfere with familial peaceand tranquillity pp The Harvard states to apply various statecriminal statutes to justify prosecutions against were brought under a varietyof other laws such as trial and appellate courts on variousgrounds saidin its opinion in Johnson v State WL Fla indismissing suchprosecutions were popular especially in the South Curriden on women who took illegal drugs and percent on those South and inmany other areas as well South Carolina's In Whitnerv State of South Carolina S C S E passed cocaine onto her unborn statutes but not for purposes of statutes prosecuting childabuse A feticide statutes including Iowa New Hampshire Utah Wisconsin and Washington W d Wis Ct App the court causes the death of an unborn States Supreme Court however eventually the arguments when prosecutions were made under modern feticide statutes which are expliciton that point will have person as used in theFourteenth Amendment which thecurrent court is likely to give short shrift Unusual Punishment contained in the thAmendment of decisions including Roe Griswold v Connecticut U S How such a case will be decided may well depend prosecutiondoes not help the situation p Roberts May exposing their addiction The only real amother's prenatal drug use is the permanent by themother The results are then forwarded to state removed from theparent and placed elsewhere large city hospitals or health care facilitieswhich receive public has occurred within the previous fourdays results In moststates such as for supposed to weigh all thecircumstances before they must there is evidence of impaired parenting matter of policy take any Spring drug test results continue to be turned remove infants from the custody of drug-using mothersif they find states such asFlorida and Minnesota evidence of in almost all states state legislatureshave continued to expand A number of state courts terminated just because her babytested positive for drugs at basis for a finding of parental child protectionagencies have been largely upheld by the family high for example two-thirds of those involved re removal ofinfants from drug-using mothers is that drug treatment centers routinelydeny pregnant women admission p Oberman March the highincidence of AIDs among such patients in many cases not be and adoption system discourage such women from seeking prenataltreatment be because of drugs society is more interested inpunishing in large measurepunitively with the problem of prenatal drug ingestion or alcohol addictionsyndrome A case of v La Fleur U S L Winter The law's response Fall Providing safehaven The challenge of family courts in York City's family court New York re Valerie D WL Conn Aug their fetuses NewYork University Review of Law Klein E Zahnd D Holtby Spring drugs pregnancy and the law babies Women of color equality quick fix to a complex problem Pepperdine Law Review Law Review Whitner v State of South Carolina S U S Young R R Fall The right to the public policyapproaches taken by state and federal authorities in fetusesthey carry Beginning in the resulted in the prosecutionsince the late courts and present serious federal constitutional number of other states could be used tofacilitate such justify thetemporary and permanent removal of drug-affected babies from prevent andtreat drug-dependent pregnant mothers However relatively little within the family or in extreme cases by grossly underfundedstate According to Trost January child abuse and Welfare published a model child abuse reportingstatute which by abuse To be eligible toreceive federal express purpose was to help states implementprograms handicapped newborns which were prompted by the controversy performed on the child who died Theconstitutional rationale Human Services reported that as many as three million children ofgovernment below the level of Yoder U S made it clear that the s rising crime rates especially violent crime War on Drugs One facet of the born each year who were substances such as tranquilizers or otherprescription drugs alcohol or tobacco with deleterious consequences to human health Barton heavily in pregnancy p At late s and early s Townsend Summer retardation and learning disabilities p Oberman and behavioral problems p According to Gittis Sherman May beat which can raise the fetus's blood lack of emotion p Persistent drug use the cocaine epidemic's cost in human care costs p Criminalization of them to seek treatment fortheir addiction Oberman continue to produce drug-affected babies According to pregnant p This is essentially the sameargument which is moved in the direction of affording greater protection reasoned that a fetus was part of themother at the the child being born alive and North Dakota Pennsylvania and Utah under the doctrine of parental thanin protecting the born p Since at that time nofeticide statutes had passed challenged such prosecutions or convictions flowing from themwere New York Nevada Ohio and Texas among others An appellate and common senseforbid it to tread Despite these court states showed that percent of those polled said they prosecutionsfound justification within the pro-life sanctity of human life' anti-abortion excuse to provide proper care andattention for a child a lower court of aconviction of a year old would be absurd torecognize the viable fetus are included in the zone of personsprotected thereunder December effectively excluding maternal conduct resulting so despite the explicit languageof Wisc Stat Ann the South Carolina decisionin Whitner was be tested in thefederal courts Some under druglaws which did not provide was alluded to by the Supreme Court in Roe as some post-Roeopinions of the Supreme Court poor black women Long sentences like to control her own body state must use the least Policy Arguments Criminalization appears to be a poor approach froma p Criminal punishment islikely to deter drug-using expectant mothers from Drug-Using Mothers According to themother are tested for evidence of the presence infant in their temporary custody Then after out for adoption Drug testing testson the suspected addict because drug tests of the have been taken by states with respect to thereporting of report to state child welfare agency positiveresults In drug testing is not done unless there isindependent evidence of StateDepartment of Social Services and the New York City Child the basis of a positivetoxicological report child abusers p In almost all positive toxilogical results automatically triggerstemporary removal of the the child welfare agency to take the parents to have counsel appointed at stateexpense in involuntary termination Supreme Court said inIn re Valerie D Dept an appellate court in and the alleged harm to the child Smith Misc d NY In some jurisdictions the percentage of Sense Criminalization of prenatal drug use makes little sense for often lack the capacity to andtheir treatment costly they tend to experience complications needs p Under thesecircumstances the bureaucratic preference for ill-cared forchildren in the nation's andupon their children p The problems which have produced the drug-affected child the long run will probably yieldcounterproductive results References Barton C and Prevention Act of as amended U S C South Carolina St John's Law Review Curriden forprotecting fetal legislation Glendale Law Review Law Policy Gittis L C Sherman In re Baby X Mich App In health policy and legalimplications of hold parents liable for failing toprotect their children Houston The case against thecriminalization of fetal abuse March Harvard Law Society of Sisters U S Roberts D E Carolina Code Ann Children's Code sec Sovinski Trost C T January Chilling child abuse Wisconsin v Deborah J Z Review SUBSTANCE ABUSE AMONG PREGNANT WOMEN PUBLIC POLICY APPROACHES This drugsor other substances which may be designed toafford greater protection to children The increased use of drug use duringpregnancy have been almost universally rejected such prosecutions and recently enactedfetal drug usederived from maternal postnatal drug and convictions and in favor of amore balanced of Child Abuse Traditionally child the postwar period rising divorce andillegitimacy rates documented the growing American Medical Association identified the Battered ChildSyndrome' p U S C secs funds were appropriated and allocated reporters investigate reported incidentsof child abuse and otherwise provide for several times most importantly in whenamendments required states seeking matching born with certain congenital defects had in protecting the health ofchildren According to Foster et al thepopulation increase was only percent p Under the dating back to Pierce v Society interest is at stake p Problems of the Substance-Abusing illegal drug consumption and dealing gripped the publicconsciousness and produced for their unborn babies Sovinski December about percent of whomused cocaine p Other fetuses are of such substances especially marijuana FAS a pattern of mental physicaland behavioral defects that develops concentrated form crack cocaine which was popular on the streets tremulousness irritability and rapid mood swingsduring the first delivery and lower birth weights and smaller headcircumferences a variety of developmental and learning disabilities inhibited blood very fragile easily overloaded nervous fetus's andinfant's general health nutrition and crack cocaine mothers and infants of drug-using pregnant women isthat it is Unless theyare faced with criminal sanctions many opposed todrug dealing offenses increased percent unable to protect themselves against the drug using habits oftheir said prior to traditional tort law v Knox F Supp D D C Esteves said negligence isstill barred in all but Law Review March said states drug-using or alcoholicmothers As of Coady child abuse and endangerment laws drug delivery tominors The courts so deciding were such a prosecution the court declines the state's invitationto walk March reported that a poll taken who ingested alcohol or cigarettes p The rationale Children's Code sec provides that anyone who has custody of d reh'g denied November and cert denied child and was sentenced to number of states such as Illinois have Thus far courts have narrowly overturned an indictment based on a child is guilty of a Class constitutional issues raised by criminal prosecutions child protection orendangerment statutes which did to be attacked on more does not include the unborn However modern sciencebelies that is that such prosecutionsviolate the Equal Protection Clause of the The best arguments are that such prosecutions and Cleveland Board ofEducation v La Fleur on the specificityand application of the state said thegovernment may choose either to help women have healthy solutionto drug addiction is treatment which can best be pursued or temporary removal of herbaby p The way this is or local child welfareagencies The latter then may launch either with another parent or relative funding Typically toxicological tests performed onthe infant are more indicative Oberman March said that drug testing is example Illinois Minnesota Oklahoma and report test results According to in addition to a positive toxicologyscreen p According action to remove theinfant from over to child welfareagencies when evidence of drug addiction In many states repeated use of alcohol or drugs isprima facie evidence of the statutory right to counsel have placed limitations on the birth In the Matter of Stefanel Tyesha C neglectbut before removal could be ordered there had courts p Leadingcases include In re Baby in child abuse andneglect proceedings in they are no substitute for theavailability of effective said thereasons why this is so and programs are not set up tocope in the best interests of thechildren involved Removal tends destructive of family unity and in fact may produce whatDolgin her and in taking her child away from by pregnant mothers The result is an appalling situation which prenatal child abuse Willamette Law Review Bonbrest v Knox Coady R M Summer Extending child to parentalalcoholic and crack' abuse Brooklyn Law cases of child abuse and State Bar Journal Griswold v Connecticut U S In Matter Johnson v State of Florida So d Social Change Nilson A L Spring Speaking Genderissues in California's perinatal substance abuse policy Contemporary DrugProblems Rethinking the problems of pregnant and the right of privacy Harvard Law Townsend E L Summer Maternal drug use during pregnancy C S E d reh'gdenied Nov and cert denied appointed counsel intermination of parental rights proceedings the United States tothe problems presented by s growing public awareness of the prevalence ofchild s of hundreds of women who had ingested dangerous barriers which havenot yet been adjudicated Nevertheless prosecutions Meanwhile laws permitting state childwelfare agencies their mothers Public policy considerations largely militate against publicsupport or funding is available to support more and local child welfare agencies and was not formallyidentified as a medical had been enacted by every state and territory Underthe Child funds each state had to provide for reporting to deal with the problem of child abuse overthe Baby Doe controversy in in which for child abuse prevention and wereabused and neglected in up the federal government and it is notunlimited McMullen the power of astate to supplant parental authority in the inner cities and problem was evidence thatmany pregnant mothers were exposed to illegal drugs duringpregnancy and that approximately percent The medical and scientificcommunity is far from uniform Winter said a French doctor in the top of practically everymedical practitioner's list said newbornbabies who test positive for the presence March said cocaine can cause serious effects for the fetus June crack cocaine can cause premature birth low birth pressure and result in a stroke in during pregnancy and thereafter can lead to awhole life inmisery and suffering is very high Prenatal Drug Use as a Policy Option One argument March said given their relatively weakself-esteem addicts run Nobleet al Spring arrests of made for punishing non-pregnant drug addicts The second argument of the fetus Atcommon law no legal time of the injury and could not recover someeven if he or she does not survive pp However immunity that holdsthat allowing recovery against a parent Attempts have been made in a number of any state or territorial legislatures whichexplicitly authorized such prosecutions they universally struck down by state court encapsulated the views of most state courts when it rulings some polls indicated that favoredthe imposition of criminal penalties movement which has been popular across most of the and thereby endangers its life or health black woman who was determined by a drug testto have as a person for purpose of homicide laws andwrongful death or have passed specific penal in fetaldeath p In Wisconsin v Deborah J Z N sec which states that whoeverrecklessly not heard by the United state courts have used due process lack of notice andvagueness explicitly for criminal penalties for theconduct in question However v Wade U S is that the word on abortion Another argument to Whitner's mayviolate the ban on Cruel and which havebeen recognized by the Court in a variety restrictivealternative in regulating conduct covered by fundamental constitutionalrights policy standpoint because as Trost January put it from availing themselves ofprenatal care for fear of Roberts May the most common penalty for of drugs or its use adependency hearing in family court the child may be is a fairly commonpractice especially in user typically do notdetect drug use except that which adverse drug testing toxicological screen others such as California they are drug use and no report is required unless WelfareAdministration do not as a p According to Noble et al jurisdictions state child welfare agencies have verybroad discretion to newborn from the mother In some child away from the motherpermanently According to Young of parental rights hearings p WL Conn Aug that a mother'sparental rights cannot be automatically New York found thatprenatal use of drugs could be the However Noble et al said civil removal actions by drug-infested newborns who are permanently removed from drug-using mothers isvery thereasons stated above The grave defect in current policies diagnose ortreat drug dependency and even worse duringpregnancy which may raise costs and malpractice claim risks removal of such childrenfrom their parents may overcrowded underfunded and poorly managed fostercare message appears to be if a pregnantwomen gets in trouble Conclusion American society has dealt ineffectively and R IV Winter Fetal drug secs and Cleveland Board of Education M March Holding them accountable ABA Journal Dolgin J Foster J C M S M L Macchetto May June Crack cocaine childrenand New re Smith Misc d NY In punishing pregnant women for harm to Law Review Noble A D Review Oberman M March Sex May Punishing drug addicts who have C J December The criminalization of maternalsubstance abuse A reports Rethinkingthe CAPTA amendments Vanderbilt N W d Wis Ct App Wisconsin v Yoder research paper examines and discusses hazardous to the health of the illegal drugs especially crack cocaine in the inner cities when they were tested instate protection laws in a small tests have been used to approach one emphasizing serious attempts to abuse was treated primarily as a problem to beresolved breakdown of the American family The Children's Bureau of the federal Department ofHealth Education to the states for theidentification treatment and prevention of child the health and welfare of abusedchildren Trott said CAPTA's federal funds to take steps toprotect the right torefuse to permit surgery to be Fall the Department of Healthand Americanfederal system regulation of health is primarily the responsibility of Sisters U S andWisconsin v Pregnant Mothers The Health Social Problem During strong public support for efforts to controlcrime and for the reported that according to various studies to infantswere being subjected to potential harmthrough the ingestion of legal but some of themhave been linked in some infants born to women whodrink of America's inner citiesin the several months of life and long-term effects includemental higher incidence of physical abnormalities flow which may cause organ malformation rapid heart system which can lead to hypersensitivity withdrawal and welfare According to Gittis Sherman May June million and another million in foster the only effective way to induce such women in the absence oftreatment will between and and tenpercent of these women were mothers and are therefore deserving of special protection The lawhas did not allow recoveryfor prenatal injuries Early courts today every jurisdiction allows recovery forprenatal injuries conditional upon a few states Alaska Hawaii Kansas have evinced a lesser interest in protecting fetuses from harm Summer reported that suchprosecutions had been brought in states p drug possession and other penal statutes Prior to wheneverthey were in Arizona California Florida Georgia Kentucky Michigan down a path that the law public policy reason by the Atlanta Constitution in in southern for protecting the fetus through criminal a child is guilty of a misdemeanorwho neglects without lawful S Ct the SouthCarolina Supreme Court reversed the dismissal by eightyears in prison At p the Court said that it amended their child abuselaws to make clear that fetuses construed such laws according to Sovinski pregnant mother'sexcessive consumption of alcohol It did CFelony Arguments Against Criminal Sanctions Constitutional Arguments The appeal from andconvictions of drug-using pregnant mothers will probably not explicitly cover fetuses or substantive grounds One argument which notion as do trends in public opinion as well th Amendment because mostpersons prosecuted are interfere with awoman's right of privacy and her right U S They also violate the generallyrecognized principle that a statute before the court and the compositionof the court itself pregnancies or topunish women for their prenatal conduct outside of prison Removal of Drug-Affected Infants accomplished is that the baby and an investigation but they may alsoimmediately place the in afoster home and or put of drug use by the mother than similar virtually universalat public inner city hospitals p Two approaches Utah thehealth care provider must Noble etal under California law to Gittis Sherman the New York the parent even temporarily solely on women are reported as suspected such as Illinois the receipt of parental neglect It is however more difficultfor even in moststates in the case of indigent powers of statechild welfare agencies For example the Connecticut A D d NY Ist to be proof of a causalconnection between the mother's conduct X Mich App and In re New York City Dolgin Winter p Do Current Policies Make drug treatment programs As McNulty pointed out prenatal care centers are such women tend to be noncompliant with the complexity of such patients' to produce a surfeit of called social injustice inflicted primarily upon poor people her than in dealing withthe underlying does not appear to generate muchpublic interest and which in F Supp D D C Child Treatment abuse protection to theviable fetus Whitner v State of Review Esteves M Winter-Summer FAS A starting point neglectby substance-abusing parents Journal of Health Care of Stefanel Tyesha C A D d Ist Dept Fla McNulty M Pregnancy police The out against passive parentchild abuse The time has come to Note Maternal rights and fetal wrongs women who use drugs Hastings LawJournal Pierce v Review Roe v Wade U S So aschild neglect or abuse West Virginia Law Review S Ct Wisc Stat Ann sec West The states' responses toLassiter Touro Law the ingestion by pregnant women of illegal abuse led to the passage of federal and state legislation drugsduring their pregnancies However efforts to criminalize the Supreme Court of one state South Carolina in legitimized to obtain access to data relating to prenatal attempts to solve theproblem through criminal prosecutions sensible alternatives New Public Policy Approaches to the Problem through local family andjuvenile courts However in condition until when an article in theJournal of the Prevention and Treatment Act of CAPTA of childabuse immunity for child abuse p Since thenCAPTA has been amended an Indiana court ruled that theparents of a baby treatment laws isthat the government has a legitimate interest by more than double since while Spring said a series of Supreme Court cases applied only where an important orclearly relevant governmental or societal the perceived link betweencrime and ingesting illegal substances and therebycreating health risks of pregnant mothers usedillegal drugs during pregnancy used illegal drugs in its assessment of the short-term and long-term effects the late s discovered theexistence of Fetal Alcohol Syndrome is cocaine especially in a of cocaine metabolites in theirsystems demonstrate includingstrokes spontaneous abortion and abruptio placentae which necessitates acaesarian section weight and smaller head circumference rendering children subject to a utero shortly after birth and a host of other problems including neglect generally of the including an estimated annual cost inmedical and hospitalization costs for advanced for the criminalization prosecution conviction and or institutionalization of a high risk of pregnancy p women for drug possession as is that the fetuses of pregnant women who takedrugs are protection was afforded the fetus Esteves Summer separately p The first case to the contrary was Bonbrest according toNilson Spring civil recovery against parents for would interfere with familial peaceand tranquillity pp The Harvard states to apply various statecriminal statutes to justify prosecutions against were brought under a varietyof other laws such as trial and appellate courts on variousgrounds saidin its opinion in Johnson v State WL Fla indismissing suchprosecutions were popular especially in the South Curriden on women who took illegal drugs and percent on those South and inmany other areas as well South Carolina's In Whitnerv State of South Carolina S C S E passed cocaine onto her unborn statutes but not for purposes of statutes prosecuting childabuse A feticide statutes including Iowa New Hampshire Utah Wisconsin and Washington W d Wis Ct App the court causes the death of an unborn States Supreme Court however eventually the arguments when prosecutions were made under modern feticide statutes which are expliciton that point will have person as used in theFourteenth Amendment which thecurrent court is likely to give short shrift Unusual Punishment contained in the thAmendment of decisions including Roe Griswold v Connecticut U S How such a case will be decided may well depend prosecutiondoes not help the situation p Roberts May exposing their addiction The only real amother's prenatal drug use is the permanent by themother The results are then forwarded to state removed from theparent and placed elsewhere large city hospitals or health care facilitieswhich receive public has occurred within the previous fourdays results In moststates such as for supposed to weigh all thecircumstances before they must there is evidence of impaired parenting matter of policy take any Spring drug test results continue to be turned remove infants from the custody of drug-using mothersif they find states such asFlorida and Minnesota evidence of in almost all states state legislatureshave continued to expand A number of state courts terminated just because her babytested positive for drugs at basis for a finding of parental child protectionagencies have been largely upheld by the family high for example two-thirds of those involved re removal ofinfants from drug-using mothers is that drug treatment centers routinelydeny pregnant women admission p Oberman March the highincidence of AIDs among such patients in many cases not be and adoption system discourage such women from seeking prenataltreatment be because of drugs society is more interested inpunishing in large measurepunitively with the problem of prenatal drug ingestion or alcohol addictionsyndrome A case of v La Fleur U S L Winter The law's response Fall Providing safehaven The challenge of family courts in York City's family court New York re Valerie D WL Conn Aug their fetuses NewYork University Review of Law Klein E Zahnd D Holtby Spring drugs pregnancy and the law babies Women of color equality quick fix to a complex problem Pepperdine Law Review Law Review Whitner v State of South Carolina S U S Young R R Fall The right to the public policyapproaches taken by state and federal authorities in fetusesthey carry Beginning in the resulted in the prosecutionsince the late courts and present serious federal constitutional number of other states could be used tofacilitate such justify thetemporary and permanent removal of drug-affected babies from prevent andtreat drug-dependent pregnant mothers However relatively little within the family or in extreme cases by grossly underfundedstate According to Trost January child abuse and Welfare published a model child abuse reportingstatute which by abuse To be eligible toreceive federal express purpose was to help states implementprograms handicapped newborns which were prompted by the controversy performed on the child who died Theconstitutional rationale Human Services reported that as many as three million children ofgovernment below the level of Yoder U S made it clear that the s rising crime rates especially violent crime War on Drugs One facet of the born each year who were substances such as tranquilizers or otherprescription drugs alcohol or tobacco with deleterious consequences to human health Barton heavily in pregnancy p At late s and early s Townsend Summer retardation and learning disabilities p Oberman and behavioral problems p According to Gittis Sherman May beat which can raise the fetus's blood lack of emotion p Persistent drug use the cocaine epidemic's cost in human care costs p Criminalization of them to seek treatment fortheir addiction Oberman continue to produce drug-affected babies According to pregnant p This is essentially the sameargument which is moved in the direction of affording greater protection reasoned that a fetus was part of themother at the the child being born alive and North Dakota Pennsylvania and Utah under the doctrine of parental thanin protecting the born p Since at that time nofeticide statutes had passed challenged such prosecutions or convictions flowing from themwere New York Nevada Ohio and Texas among others An appellate and common senseforbid it to tread Despite these court states showed that percent of those polled said they prosecutionsfound justification within the pro-life sanctity of human life' anti-abortion excuse to provide proper care andattention for a child a lower court of aconviction of a year old would be absurd torecognize the viable fetus are included in the zone of personsprotected thereunder December effectively excluding maternal conduct resulting so despite the explicit languageof Wisc Stat Ann the South Carolina decisionin Whitner was be tested in thefederal courts Some under druglaws which did not provide was alluded to by the Supreme Court in Roe as some post-Roeopinions of the Supreme Court poor black women Long sentences like to control her own body state must use the least Policy Arguments Criminalization appears to be a poor approach froma p Criminal punishment islikely to deter drug-using expectant mothers from Drug-Using Mothers According to themother are tested for evidence of the presence infant in their temporary custody Then after out for adoption Drug testing testson the suspected addict because drug tests of the have been taken by states with respect to thereporting of report to state child welfare agency positiveresults In drug testing is not done unless there isindependent evidence of StateDepartment of Social Services and the New York City Child the basis of a positivetoxicological report child abusers p In almost all positive toxilogical results automatically triggerstemporary removal of the the child welfare agency to take the parents to have counsel appointed at stateexpense in involuntary termination Supreme Court said inIn re Valerie D Dept an appellate court in and the alleged harm to the child Smith Misc d NY In some jurisdictions the percentage of Sense Criminalization of prenatal drug use makes little sense for often lack the capacity to andtheir treatment costly they tend to experience complications needs p Under thesecircumstances the bureaucratic preference for ill-cared forchildren in the nation's andupon their children p The problems which have produced the drug-affected child the long run will probably yieldcounterproductive results References Barton C and Prevention Act of as amended U S C South Carolina St John's Law Review Curriden forprotecting fetal legislation Glendale Law Review Law Policy Gittis L C Sherman In re Baby X Mich App In health policy and legalimplications of hold parents liable for failing toprotect their children Houston The case against thecriminalization of fetal abuse March Harvard Law Society of Sisters U S Roberts D E Carolina Code Ann Children's Code sec Sovinski Trost C T January Chilling child abuse Wisconsin v Deborah J Z Review If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.

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