Methods
There have been cases in the past where a woman had been charged because she not only used illegal substances but because the use of the substances caused a risk in the fetus’s health. These different cases happened in different time periods, involved different scenarios and resulted in different outcomes but have the underlying similarity of the use of substances harmful during pregnancy to the fetus.
“In the late 1980s, a series of news reports brought wide publicity to so-called crack babies, whose mothers had used cocaine during pregnancy…... but it led hospital officials in Charleston, South Carolina, to test for drugs in blood and urine samples provided by women during prenatal visits. Positive drug tests were then turned over …show more content…
“Iowa, Minnesota, and North Dakota’s health care providers are required to test for and report prenatal drug exposure. Kentucky health care providers are only required to test. Alaska, Arizona, Illinois, Louisiana, Massachusetts, Michigan, Montana, Oklahoma, Utah, Rhode Island, and Virginia’s health care providers are required to report prenatal drug exposure. Reporting and testing can be evidence used in child welfare proceedings. Some states consider prenatal substance abuse as part of their child welfare laws. Therefore, prenatal drug exposure can provide grounds for terminating parental rights because of child abuse or neglect. These states include: Arkansas, Colorado, Florida, Illinois, Indiana, Iowa, Louisiana, Minnesota, Nevada, Rhode Island, South Carolina, South Dakota, Texas, Virginia, and Wisconsin. Some states have policies that enforce admission to an inpatient treatment program for pregnant women who use drugs. These states include: Minnesota, South Dakota, and Wisconsin.” (Using Illegal Drugs During Pregnancy, 2016) However, these are not direct laws that associate with prosecuting substance usage during pregnancy that can harm the fetus and does result in harm of health to the newborn. There is no law stating that a woman can be charged for this, but there is not one stating that they cannot be charged around this idea of substance abuse during pregnancy. For example, in 2014 Mississippi’s state higher court ruled “that a woman whose stillborn baby tested positive for cocaine could not be charged with ‘depraved heart murder,’ but it left open the possibility that she could be prosecuted for manslaughter.” (Leticia Miranda, 2015) Another example is from 2015 in Arkansas where the state’s Supreme Court “overturned the conviction and 20-year sentence of a woman who used methamphetamine while pregnant, concluding that an Arkansas law banning the
There have been cases in the past where a woman had been charged because she not only used illegal substances but because the use of the substances caused a risk in the fetus’s health. These different cases happened in different time periods, involved different scenarios and resulted in different outcomes but have the underlying similarity of the use of substances harmful during pregnancy to the fetus.
“In the late 1980s, a series of news reports brought wide publicity to so-called crack babies, whose mothers had used cocaine during pregnancy…... but it led hospital officials in Charleston, South Carolina, to test for drugs in blood and urine samples provided by women during prenatal visits. Positive drug tests were then turned over …show more content…
“Iowa, Minnesota, and North Dakota’s health care providers are required to test for and report prenatal drug exposure. Kentucky health care providers are only required to test. Alaska, Arizona, Illinois, Louisiana, Massachusetts, Michigan, Montana, Oklahoma, Utah, Rhode Island, and Virginia’s health care providers are required to report prenatal drug exposure. Reporting and testing can be evidence used in child welfare proceedings. Some states consider prenatal substance abuse as part of their child welfare laws. Therefore, prenatal drug exposure can provide grounds for terminating parental rights because of child abuse or neglect. These states include: Arkansas, Colorado, Florida, Illinois, Indiana, Iowa, Louisiana, Minnesota, Nevada, Rhode Island, South Carolina, South Dakota, Texas, Virginia, and Wisconsin. Some states have policies that enforce admission to an inpatient treatment program for pregnant women who use drugs. These states include: Minnesota, South Dakota, and Wisconsin.” (Using Illegal Drugs During Pregnancy, 2016) However, these are not direct laws that associate with prosecuting substance usage during pregnancy that can harm the fetus and does result in harm of health to the newborn. There is no law stating that a woman can be charged for this, but there is not one stating that they cannot be charged around this idea of substance abuse during pregnancy. For example, in 2014 Mississippi’s state higher court ruled “that a woman whose stillborn baby tested positive for cocaine could not be charged with ‘depraved heart murder,’ but it left open the possibility that she could be prosecuted for manslaughter.” (Leticia Miranda, 2015) Another example is from 2015 in Arkansas where the state’s Supreme Court “overturned the conviction and 20-year sentence of a woman who used methamphetamine while pregnant, concluding that an Arkansas law banning the