drug use during pregnancy laws in georgia
38]. Pregnancy. These unintended consequences include keeping women from getting the treatment they need and failing to reduce the number of babies addicted to drugs. She struggled every day with the unimaginable pain and grief of separation from her newborn. The use of tobacco and alcohol are common (these are discussed in Sections 12 and 13) but the use of illicit substances and the misuse of prescription medications is also important. Tennessee is the only state with a statute that specifically makes it a crime to use drugs while pregnant. At the present time, the Center for MSACD fulfills several roles in Georgia by sponsoring clinical, prevention, and research programs. "Complex Calculations: How Drug Use during Pregnancy Becomes a Barrier to Prenatal Care." . State of Georgia government websites and email systems use georgia.gov or ga.gov at the end of the address. In all of the cases, the judicial decision depended on the disposition of the question of whether, for the purpose of adjudicating the criminal charges, a fetus is a child. The new requirements become effective on July 1, 2007 In three states Minnesota, South Dakota and Wisconsin women who use drugs during pregnancy can be involuntarily committed to a treatment program. Since the late 1980s, policymakers have debated the question of how society should deal with the problem of substance use during pregnancy. The effects of illegal drugs, such as cocaine, can be devastating on a fetus. One published trial court decision was identified.24 In this case, a New York trial court in 1992 dismissed the charge of child endangerment for cocaine ingestion during pregnancy. In 2014, Tennessee made national news when it became the first state in the country to pass a law specifically making it a crime to use drugs while pregnant. Source: ProPublica research by Leticia Miranda and Christine Lee; Guttmacher Institute; National Advocates for Pregnant Women. Millions ofparentswho use drugs or have substance use disorders parent their children well. The survey also notes that if prenatal drug use is suspected, Illinois, Michigan, Ohio and Wisconsin require health professionals to report it while Indiana requires pregnant women to be tested; Iowa, Minnesota, North Dakota and South Dakota require both. Yet despite the country's best efforts to fight it, the problem is getting worse, and is exacerbated by the COVID-19 pandemic. A November study published in the Journal of the American Medical Association tracked the rise of laws that criminalized taking drugs while pregnant, as well as classifying drug use during pregnancy as child abuse that could result in loss of custody rights or as grounds for a civil commitment. Additionally, in three states, Minnesota, South Dakota, and Wisconsin, women who use drugs during pregnancy can be involuntarily committed to a treatment program. Exposing how the U.S. criminal legal system fails to keep people safe and perpetuates harm. Prenatal drug exposure may also contribute to long-term behavioral effects and developmental deficits. More about smoking in pregnancy and drinking alcohol in pregnancy. 31]. Hence, health care providers should select relatively safe drugs. 1996), State v. Aiwohi, 123 P.3d 1210 (Haw. Criminalization of substance use during pregnancy because of harm to the fetus or child is fiercely debated. There may be many more unpublished trial decisions, the dimensions of which we have no way of assessing. Drug use is an uncommon cause of birth defects, yet approximately 200,000 children (3-5% of live births) are born with birth defects each year. "Opioids are what we worry about most," he explained. Despite several phone calls to treatment providers in her county and surrounding counties, M. could not find a provider who was willing to accept her. It often relies on caseworker-confirmed reports of child maltreatment, despite thewell-documentedpropensity of caseworkers and family courts to base findings of child neglect on evidence of drug use alone. The use of prescription drugs during pregnancy, excluding supplements, in Ethiopia was high. Prosecutors have attempted to rely on a host of criminal laws already on the books to attack prenatal substance use. The Supreme Courts in Alabama and South Carolina have upheld convictions ruling that an individuals substance use in pregnancy constitutes criminal child abuse. Using cocaine or methamphetamine -- also called speed, Tina, crank, or ice -- increases the risk of miscarriage early in the pregnancy. In that way, this legislations attempt to punish mothers and fathers acts as a civil death penalty for families, for which children will pay the ultimate price.. Heroin is an illicit opioid. New Jersey, however, does not view drug use during pregnancy as constituting child abuse or neglect on its own, unlike other states. Fetal Assault Laws. Four courts noted that allowing a conviction would result in an absurd punishment scheme. Smoking during pregnancy increases the risk of health problems for developing babies, including preterm birth, low birth weight, and birth defects of the mouth and lip. Stopping your medication suddenly could be harmful for you and your baby. Getty Creative. A new study co-authored by a University of Central Florida researcher shows that laws that punish substance use during pregnancy actually do more harm than good. 1991), State v. Luster, 419 S.E.2d 32 (Ga. Ct. App. The discourse about criminalization of substance use in pregnancy suggests that women are at serious risk of successful prosecution for illicit drug use during pregnancy.8,15 Based on our review of published judicial decisions, this does not appear to be the case in most jurisdictions. Neonatal exposure to some drugs during pregnancy can have harmful effects on development and may lead to acute adverse events, including neonatal abstinence syndrome (NAS) and infant mortality. 1. LEXIS 970 (Tenn. Crim. Despite the opposition of medical and public health professionals, several state legislatures are considering laws that permit child abuse charges for substance use during pregnancy. Since 1973, authorities in at least 45 states have sought to prosecute women for exposing their unborn children to drugs. 2005), Richards v. State, 2005 Tenn. Crim. They also found that cocaine users were more likely to use alcohol or other drugs during pregnancy: 88 percent of pregnant cocaine users smoked, 80 percent consumed alcohol, 72 percent smoked marijuana, 14 percent used opiates and 9 percent used other illicit drugs. Copyright 2023 by The American Academy of Psychiatry and the Law. The child was placed with CPS and now is in the custody of the great grandmother. To learn about CDC activities to educate the public about the harms of tobacco use, visit Tips From Former Smokers (Tips) from the Office on Smoking and Health. If you are pregnant or trying to get pregnant and cannot stop drinking, get help. Maternal deaths in the United States are increasing. The Center for MSACD also provides training, workshops, and other informational services concerning prenatal exposure to alcohol, nicotine, illicit drugs, and prescription drugs. Prescription opioids may be prescribed by doctors to manage moderate to severe pain. Although the legal bases for appellate court decisions varied (see Table 1), the functional outcome was that the charges were dismissed (n = 14) or convictions overturned (n = 11) for 86.2 percent of the women (25/ 29). State law prohibits a medical provider from releasing information about a pregnant individuals drug or alcohol test without the patients consent. The use of illicit substances such as cocaine and heroin during pregnancy is common. To receive email updates about this page, enter your email address: We take your privacy seriously. Arizonaslegislation, which became law in April, permits termination of a mothers parental rights, either immediately when her newborn is born or within one year of her newborns birth, depending on how chronic the illicit drug use appears to the court. Drug use during pregnancy is a severe problem worldwide because it exposes not only the woman but also her developing baby to harmful substances. Three of the nine mothers arrested that year tested positive for marijuana, and all were held on $100,000 bonds. No adverse neonatal outcomes were reported in 41 percent of the pregnancies in this study. The laws can vary widely from state to state in terms of reporting requirements and consequences of reporting. State legislators, law enforcement officials, and physicians have struggled to reach consensus on how to identify, treat, and possibly punish women who abuse illegal substances during pregnancy. Trainings on maternal substance abuse, child development, alcohol and other drug related effects are conducted for prevention providers. This means that first-time offenders will be issued an infraction (like a speeding ticket) instead of jail, with a maximum fine of $150. Prescription Opioid Pain Reliever Use During Pregnancy, The US Opioid Crisis & Maternal Infant Health, Centers for Disease Control and Prevention. Through these efforts, the Center for MSACD continues to be a valuable resource to individuals, parents, and professionals in Georgia and the Southeast. When she visited him, she was distressed to find he often had seemingly untreated rashes. All information these cookies collect is aggregated and therefore anonymous. Learn about the Division of Reproductive Healths efforts to address opioid use disorder to improve maternal and infant health. donate today. The federal Department of Health and Human Services recently released areportreviewing Kentuckys child welfare system. Narcotics Anonymous World Service Office in Los Angeles PO Box 9999 Van Nuys, California 91409 Telephone: (818) 773-9999 Fax: (818) 700-0700 Web site: www.na.org Substance Abuse and Mental Health Services Administration Consistent with guidance from the American College of Obstetricians and Gynecologists, CDC advises against using marijuana during pregnancy. Unfortunately, many women of childbearing age in the U.S. use some form of illegal drug. You can also go to SAMHSAs Behavioral Health Treatment Services Locator. Theresearchis also clear that the results of a drug test alone are not an appropriate proxy for determining parental fitness. The groups listed below help people with drug abuse. App. Enter multiple addresses on separate lines or separate them with commas. Criminal Charges for Child Harm from Substance Use in Pregnancy, Journal of the American Academy of Psychiatry and the Law Online, Substance and shadow: women and addiction in the United States, Pregnancy and drug use: the dangerous and unequal use of punitive measures, Fetal protection laws: moral panic and the new constitutional battlefront, Clinical, ethical, and legal considerations in pregnant women with opioid abuse, American Academy of Pediatrics Committee on Substance Abuse, Council on Addiction Psychiatry, American Psychiatric Association, Position statement on the care of pregnant and newly delivered women addicts, ACOG Committee Opinion No 473. 2015), The prevalence of illicit-drug or alcohol use during pregnancy and discrepancies in mandatory reporting in Pinellas County, Florida, Substance use during pregnancy and postnatal outcomes, Punishing pregnant drug users: enhancing the flight from care, Women's perspectives on screening for alcohol and drug use in prenatal care, Drug use and limited prenatal care: an examination of responsible barriers, Universal screening for alcohol and drug use and racial disparities in child protective services reporting, The American College of Obstetricians and Gynecologists Committee on Health Care for Underserved Women and American Society of Addiction Medicine, Committee Opinion No 524. 1. The court held that the legislature did not intend for the relevant statute to apply to conduct during pregnancy that affected fetuses. Learn more about e-cigarettes and pregnancy. At issue is whether the continued drug use of a newborn's mother is tantamount to "child abuse" that would give child protective services workers and law enforcement officers the ability to remove the child from the mother's care - even if the . For each case, we recorded the charges, the substance abused, neonatal outcome, legal resolution of the case, and judicial reasoning. For example, a woman in New Jersey faced civil child abuse and neglect proceedings for complying with her doctor's recommendation to stay on methadone treatment while pregnant,57 the gold standard treatment for opioid dependency during pregnancy.53 The proceedings against her were ultimately thrown out by an appellate court. Later in the pregnancy, these illicit drugs may cause. This claim disregards the fact that drug addiction is ahealth issuewith biological, behavioral, and genetic dimensions, and similar to other health conditions, itdoes not respond wellto artificially imposed treatment timelines or mandated treatment. Your doctor can play an important role in helping you quit, including giving advice and support with quitting and connecting you with other resources. Some research shows that marijuana use during pregnancy is linked to health concerns, including high use of other substances that may impact pregnancy and infant health such as tobacco, and developmental problems in adolescents. Similarly, in Ankrom v. State, the state supreme court found that the plain meaning of the word child is broad enough to encompass all childrenborn and unborn.18 When fetuses are included in the definition of child, the child abuse statutes are then found to be applicable to the alleged prenatal conduct. Cocaine use during pregnancy poses severe issues for affected babies both short and long-term. You will be subject to the destination website's privacy policy when you follow the link. Using illegal drugs while pregnant can cause many complications to the baby including brain damage, premature birth, low birth weight and even fetal death. Additional cases were identified by reviewing the cases cited in the initial set of cases and published literature, yielding an additional nine cases. A study Wexelblatt led between 2012 and 2013 found 5.4% of all mothers had a positive drug test on admission and 3.2% of the mothers tested positive for opioids. Sign In to Email Alerts with your Email Address. Future professional advocacy efforts may be most beneficial when directed at state legislatures that are dealing with proposed statutes that address these questions. Prevalence of Current Substance Use Among Pregnant People in the US. Mar 02, 2022. Intellectual & Developmental Disabilities, Applications for New & Existing Providers, Improving Health Outcomes Initiative Collaborative Learning Center, How to Report a Concern or Complaint about the Quality of Care or Safety, Facebook page for Georgia Department of Behavioral Health and Developmental Disabilities, Twitter page for Georgia Department of Behavioral Health and Developmental Disabilities, Linkedin page for Georgia Department of Behavioral Health and Developmental Disabilities, The Maternal Substance Abuse and ChildDevelopment, Maternal Substance Abuse and Child Development Project. Opioids are a class of drugs used to manage pain, but also have serious risks, such as addiction. She had become dependent on opioids, but when she learned she was pregnant, she immediately tried to enroll in a medication assisted treatment (MAT) program. Most states do not have a law that requires hospitals to test infants and new moms for controlled substances. Daily/near daily cannabis use in the past month increased from 0.9% to 3.4% among pregnant women overall, and from 1.8% to 5.3% during the first trimester; from 0.6% to 2.5% during . A mother taking illegal drugs during pregnancy increases her risk for anemia, blood and heart infections, skin infections, hepatitis, and other infectious diseases. Defense attorneys who represent women charged for prenatal conduct may benefit from resources that clarify the relevant medical concerns. In females, there is evidence that marijuana use may disrupt the menstrual cycle. This was lower than the rate among women in this age group who were not pregnant (11.4 percent). 1977), State v. Gethers, 585 So.2d 1140, 1143 (Fla. Dist. Quitting early or before pregnancy is best, but its never too late to quit smoking. Since 1973, authorities in at least 45 states have tried to prosecute women for exposing unborn children to drugs. The other opinion33 that directly referenced medical literature did so to demonstrate the range of behaviors that are not legally proscribed (e.g., smoking, failing to obtain prenatal care) that are associated with poor neonatal outcomes. The legislators behind these laws are essentially creating a capital offense for women who give birth despite having used an illegal drug, said Erin Miles Cloud, a senior attorney at the Bronx Defenders Family Defense Practice, who has represented numerous parents facing termination of parental rights proceedings. Drug Use by State: Problem Areas. Applying CDCs Guideline for Prescribing Opioids: Substance Abuse and Mental Health Services Administration: American College of Obstetricians and Gynecologists (ACOG) Committee Opinion: The Centers for Disease Control and Prevention (CDC) cannot attest to the accuracy of a non-federal website. Published on September, 30, 2015 Across the country, hundreds of pregnant women and new mothers have been accused of child abuse or other crimes when they or their newborns tested positive for. And in order to receive federal child abuse prevention funds, states must require health care providers to notify child protective services when the provider cares for an infant affected by illegal substance use. Dehumanizing Discourse, Anti-drug Law, and Policy in America: A "Crack Mother's" Nightmare . Support ProPublica's award-winning investigative journalism. While the findings varied dependent upon county, across the board, only 18 received any kind of rehab/treatment for drug abuse as . An obvious example is the recent Tennessee law that explicitly made illicit drug use during pregnancy a form of criminal assault. How some hospitals are drug testing new mothers without consent, How Alabamas meth lab law is unfairly punishing pregnant women, Mothers: tell us about drug testing at your hospital. Wisconsin provides priority access to pregnant people in both general and private programs. Hair has been recognized as a possible alternate test specimen, but wider acceptance of hair testing must await . The Florida Supreme Court found the medical testimony inadequate to support the trial court's finding that a delivery occurred during the birth process, even if the criminal statute had been applicable.29 In Arms v. State, Arms was also convicted of a drug delivery charge that was overturned by the state supreme court, in part on the grounds that the relevant statute, does not expressly criminalize the passive bodily processes that results in a mother's use of a drug entering her unborn, or newborn child's system.45. For example, Amanda Kimbrough's child was born prematurely and died shortly after birth, having tested positive for methamphetamine. The South Carolina Supreme Court held that a viable fetus is a "person" under the state's criminal child-endangerment statute and that "maternal acts endangering or likely to endanger the life, comfort, or health of a viable fetus" constitute criminal child abuse. Opioid use during pregnancy can affect women and their babies. Cookies used to enable you to share pages and content that you find interesting on CDC.gov through third party social networking and other websites. Learn more about e-cigarettes and pregnancy, pregnant women or women planning to have a baby, National Center for Chronic Disease Prevention and Health Promotion, How to Manage Your Chronic Disease During a Disaster, Disaster Safety for Expecting and New Parents, Tools and Resources for Public Health Professionals, Safety Messages For Pregnant, Postpartum, and Breastfeeding People During Disasters, Maternal and Child Health Epidemiology Program, Pregnancy Risk Assessment Monitoring System, Pregnancy-Related Deaths: Data from Maternal Mortality Review Committees in 36 US States, 20172019, Pregnancy-Related Deaths Among American Indian or Alaska Native Persons: Data from Maternal Mortality Review Committees in 36 US States, 20172019, Maternal Mortality Review Information Application, State Strategies for Preventing Pregnancy-Related Deaths, Infographic: Racial/Ethnic Disparities in Pregnancy-Related Deaths United States, 20072016, Addressing Opioid Use Disorder to Improve Maternal and Infant Health, Working with States, Federal Partners, and National Organizations, Infographic: The US Opioid Crisis & Maternal and Infant Health, National Network of Perinatal Quality Collaboratives, Perinatal Quality Collaboratives: Working Together to Improve Maternal Outcomes, CDC Contraceptive Guidance for Health Care Providers, eBook: Selected Recommendations for Contraceptive Use, Providing Quality Family Planning Services, Data and Statistics: Need for Contraceptive Services Among Women of Reproductive Age, Common Reproductive Health Concerns for Women, Monitoring and Evaluating Maternal and Child Health Programs, Infographic of Saving Mothers, Giving Life Approach, Infographic: Saving Mothers, Giving Life in Uganda, Infographic: Saving Mothers, Giving Life Path to Safe Motherhood, Monitoring and Evaluation to Document SMGLs Progress, Maternal and Reproductive Health in Tanzania Project, Improving Access to Quality Maternity Care to Reduce Maternal and Newborn Deaths, Monitoring and Evaluating to Document the Health Improvements, Strengthening Maternal and Newborn Health Surveillance Systems, U.S. Department of Health & Human Services. NAS is a group of withdrawal symptoms that most commonly occurs in newborns after exposure to opioids during pregnancy.If you are pregnant and using opioid pain medications, CDC recommends you talk to your provider before starting or stopping any medications to help you understand all of the risks and make the safest choice for you and your pregnancy. Contributions are tax deductible to the fullest extent allowable. Dr. Angelotta is Instructor of Psychiatry and Behavioral Sciences, Department of Psychiatry, Northwestern University Feinberg School of Medicine, Chicago, IL. App. 2006), State v. Wade, 232 S.W.3d 663, 665 (Mo. Urine screening remains the most commonly used method despite the limited period during which drugs can be detected. Those efforts continue under a wide variety of laws even in states where high courts have previously rejected the prosecution approach. We also identified judicial references to expert or fact witness medical testimony and to medical literature or medical or public health-related amicus briefs. Those unable to pay may perform community service instead. Kentucky similarly struggles with poverty, poor access to substance use treatment services, and a child protective system that spends more resources on placing children in foster care than keeping them with their families. Disclosures of financial or other potential conflicts of interest: None. Six ruled that the contested application of the statute to conduct during pregnancy violated due process, which requires that criminal offenses be defined in plain language so that an ordinary person has fair notice about the actions proscribed. The city of Savannah decriminalized the possession of marijuana, effective July 1, 2018. For tips and advice to quit smoking, you can also visit How to Quit and Pregnancy, Motherhood, and Smoking. To view abstracts of recent publications in PubMed, see Prevalence and patterns of marijuana use among pregnant and nonpregnant women of reproductive age and Marijuana use during and after pregnancy and association of prenatal use on birth outcomes: A population-based study. Severalstudiesdocument that hospital staff disproportionately drug test and report to child protective services low-income women andwomen of color. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance. More about medicines in pregnancy. My distant cousin is a meth addict. A representative example of this due process reasoning was expressed by the court in State v. Martinez: To expand the ordinary meaning of this statute would deny Defendant reasonable notice that her actions were criminal, thereby violating her due process rights.39 Six courts held that allowing the contested statute to apply to prenatal drug use would in effect permit it to be applied to a range of prenatal conduct not previously considered illegal, in effect opening the floodgates to prosecution of pregnant women. 2007), State v. Geiser, 763 N.W.2d 469 (N.D. 2009), Cochran v. Commonwealth, 315 S.W.3d 325 (Ky. 2010), State v. Stegall, 828 N.W.2d 526 (N.D. 2013), Arms v. State, 471 S.W.3d 637 (Ark. Kentuckyslegislation, which also became law last month, permits termination of a mothers parental rights if her newborn exhibits signs of withdrawal, known as neonatal abstinence syndrome, as the result of illicit opioid use, unless the mother is in substantial compliance with both a drug treatment program and a regimen of postnatal care within 90 days of giving birth. Cases of Women Charged With Child AbuseRelated Crimes for Substance Use During Pregnancy, The substances related to the charges were cocaine (n = 15), methamphetamine (n = 10), heroin (n = 2), marijuana (n = 1), oxycodone (n = 1), and unspecified prescription pills (n = 1). Eighteen states have laws that say drug use during pregnancy is child abuse. There are several limitations to this study. Video Transcribed: Life imprisonment for using drugs while pregnant.I'm Tulsa criminal defense attorney James Wirth, and we're talking about a new law in Oklahoma.And that became effective in September of 2020, and it essentially provides that mothers to be who use drugs or CDS, while pregnant, can be prosecuted for child neglect, receiving up to life imprisonment. In Alabama and South Carolina, high courts have interpreted existing child endangerment and chemical endangerment statutes to allow prosecution of drug-using pregnant women and new mothers. We do not know the role that medical expertise and testimony played in influencing the judicial outcome at the trial court level. App. If you need to go back and make any changes, you can always do so by going to our Privacy Policy page. Thus, it is not clear whether racial or economic bias is a factor in these cases. Kentucky ranks amongst the last in the nation in rates ofchildhood poverty. Although pregnancy is an exciting time, there are stresses and risks that come with pregnancy and the postpartum period. Arizona's legislation, which became law in April, permits termination of a mother's parental rights, either immediately when her newborn is born or within one year of her newborn's birth, depending on how chronic the illicit drug use appears to the court. Women might use opioids as prescribed, misuse prescription opioids, use illicit opioids such as heroin, or use opioids (opioid agonists and/or antagonists) as treatment for opioid use disorder. Meanwhile, private insurance companies have found ways to circumvent Obamacare requirements on MAT coverage. Further research is needed to better understand how marijuana may affect pregnant women and developing babies. Substance use in pregnancy is an important issue in antenatal care. Maternal Substance Abuse and Child Development Project | Georgia Department of Behavioral Health and Developmental Disabilities For access to services and immediate crisis help, call the Georgia Crisis & Access Line (GCAL) at 1-800-715-4225, available 24/7. Aspartame is an artificial sweetener in some food and drinks and small amounts may be safe during pregnancy. Critics argue law will deter women from seeking treatment. One local news source investigated Poolaw's case in conjunction with 45 other pregnant women across the state charged with felony child abuse, neglect, or manslaughter in relation with substance use since 2017. Establishes requirements for health care providers to encourage and facilitate drug counseling. At least in theory, legislatures could amend criminal laws to make clear that they intend them to apply to prenatal conduct that affects fetuses. Only four states (North Dakota, Minnesota, Iowa and Kentucky) require hospitals to test both new mothers and their children if medical professionals suspect drug use. 96 A 2017 opinion posted by . This evolution over time may reflect contemporaneous moral panic linked to the potential deleterious effects of particular substances on fetal outcomes.1. Based on results of this analysis, the authors jointly finalized the coding scheme, which was then applied to all of the identified cases. 1. Ct. App.
