Eighteen states have laws stating that drug use during pregnancy is child abuse. In addition, in three states, Minnesota, South Dakota and Wisconsin, women who use drugs during pregnancy may be admitted to a treatment program against their will. In fifteen states, medical professionals must report to authorities if they suspect a woman is abusing drugs during pregnancy. In most states, there is no law requiring hospitals to test infants and new mothers for illegal substances. In Minnesota and North Dakota, testing is required if drug complications occur during childbirth. The following four states require testing if drug use is suspected during pregnancy (risk-based testing): Iowa, Kentucky, Minnesota and North Dakota. It sponsors HF1026, which would exempt prenatal care providers from reporting requirements for women who use a controlled substance during pregnancy, remove barriers to prenatal care, and improve access to addiction services. * The Alabama Supreme Court ruled that drug use during pregnancy is considered a chemical hazard to a child. The South Carolina Supreme Court ruled that a viable fetus is a “person” under the state`s Criminal Child Endangerment Act and that “maternal acts that endanger or could endanger the life, comfort, or health of a viable fetus” constitute criminal abuse of children. † state law prohibits a medical provider from disclosing information about a pregnant person`s drug or alcohol test without the patient`s consent. ‡ Priority applies to pregnant people referred for treatment. ξ Requires health care providers to promote and facilitate substance abuse counselling.
Ω Under the state`s Child Abuse Act, a parent is considered unfit if they test positive for substances within eight hours of birth and have a previous conviction for child abuse or neglect, or if they have not completed a drug treatment program recommended by child welfare services. Addiction service providers who accept Medicaid must prioritize pregnant women in accessing services. β Wisconsin offers priority access to pregnant women in general and private programs. They can prevent workers from using, possessing and being under the influence of THC during working hours or in the workplace. Random drug testing for safety-sensitive positions or testing of employees suspected of being intoxicated on duty are also permitted. (e) For the purposes of this section, “antenatal care” means the comprehensive package of medical and psychological support measures provided throughout pregnancy. Despite the joyful event of a newborn, it can feel like it`s the end of the world when a baby is born with drugs in his system. However, when confronted with hospital staff or social workers, the mother`s behaviour affects the course of the situation. Regular prenatal care is essential to achieve the best outcomes for pregnant women and their babies. It may even reduce the risk of some complications associated with maternal substance abuse. States treat drug use differently during pregnancy.
Tennessee is the only state with a law that explicitly criminalizes drug use during pregnancy. Alabama and South Carolina have interpreted existing child and chemical endangerment laws for all law enforcement of pregnant women who use drugs. In addition, 18 states have laws that stipulate that the mother can be charged with child abuse if she uses drugs during pregnancy. Risk-based testing uses hospital-defined criteria such as maternal history or signs of drug use, social risk factors, impaired or absent antenatal care, and withdrawal symptoms. However, this screening approach can be perceived as unfair profiling of mothers, exposing the institution to legal problems. Risk-based testing may also consider infants exposed to drugs if guidelines do not adequately identify and test likely exposures. Minnesota`s employee drug testing laws are based on the state`s Drug and Alcohol Testing Act. Restrictions include requiring employers to have a written drug-free workplace policy before conducting drug testing for employees. Heroin, fentanyl and other opiates can cause severe withdrawal in the baby. However, the extent of opioid withdrawal symptoms depends on the amount of medication consumed most regularly. Second, addicted women are at risk of developing heart infections, abscesses and more with intravenous medications. For drugs like marijuana, many states do not call child protection services.
However, for other illegal or non-prescribed medications, the hospital`s medical providers report the mother to the state child protection agency (CPS). Drugs such as methamphetamine, cocaine, heroin and fentanyl are still reported to the CPS.