HSM 542 Week 3 Assignment Essay

“If women didn’t drink anymore during pregnancy, there would never be another baby born with Fetal Alcohol Syndrome or Fetal Alcohol Effect” (McCuen 33). This is a very powerful statement. It is also a very simple cure for an alarmingly high birth defect that all women have the power to stop. “Every year more than 40,000 American children are born with defects because their mother drank alcohol while pregnant “ (McCuen 34). That is 1 to 3 per 1,000 live births (McCuen 31). Many of these cases go undiagnosed “It is also the number one cause of mental retardation in the United States, and one of the three leading causes of birth defects.” (McCuen 33-34). “Alcohol produces more significant

Substance abuse during pregnancy can have a negative force on the health and wellness of not only the fetus, but that of the mother. The harmful effects of medications, alcohol and illegal drugs on an unborn child can be devastating and can have significant consequences to its use. Sometimes the effects can be faced and treated, and other times the outcome is a lifelong challenge. During the prenatal period, it is important that new mothers are informed of the different types of abuse, how they may affect the fetus, and the adverse conditions their child may be faced with before and after birth.

Drug-addicted women are the stakeholders in this dilemma. Drug-addicted or former drug-addicted women are being pressured into thinking that controlling their fertility is the only way in which to not be considered a horrible person or bad mothers. No one should be allowed to try to persuade women to give up their reproductive rights. Just because some women choose to use drugs or alcohol does not mean that they are not responsible enough to make proper health or parenting decisions on their own, they especially do not need monetary incentives to make sound decisions. “Evidence suggests that women who use drugs do not need to be paid to limit or end their fertility” (Olsen, 2014). Preferably, programs should try to minimize the barriers that these women have to face in order to obtain information. Organizations should be non-discriminating and non judgmental towards women’s reproductive health.

It is my opinion that punishing these women for addictive behavior is not the answer, especially when considering the severe overcrowding of the prison system nationwide and the strain on the economy already caused by this. My own view is that addiction not a crime, but is a disease and needs to be treated as such. These women don’t become pregnant and then become addicts, but they are addicts who become pregnant. The American Public Health Association, the American Academy of Pediatrics, the March of Dimes and the American Medical Association, -- are all against punishing addicted pregnant women. Treating addicted, pregnant women and their babies can create many complicated issues, both legally and ethically. In states where reporting the drug use of the pregnant woman is mandated, many are concerned about the significant negative outcome that might be

The U.S. Supreme Court has upheld in the past that a person cannot be prosecuted for being a drug addict. People can be prosecuted for the sale or possession of an illegal drug but prosecuting someone for the illness of drug addiction is a breach of the 8th Amendment’s bar on cruel punishment. Usually cases involving pregnant drug-addicted women arise when a doctor reports that a woman tested positive or appears to have a drug problem. Rarely are there cases where the woman is arrested for possession and then charged with child abuse. For example, if I told my doctor I had a drug addiction, I wouldn’t get reported. Just as

In the United States, we have a culture that accepts the use of some substances over others, regardless of the negative affects of the “acceptable” drugs. For instance, it is socially acceptable to drink alcohol, eat sugar, and, while no longer as in vogue, smoke cigarettes. From a public health standpoint, these substances are also dangerous and can have debilitating affects on both children and adults. What is more, while narcotics use during pregnancy can lead to NAS at birth, there has been no conclusive evidence of lasting negative effects across the lifespan (Goldensohn & Levy, 2014; Miller, 2015). However, the use of other substances, such as alcohol, can be devastating and carry much more risk, leading some reporters to believe that the law has more to do with the people using these substances than the substances themselves (Todd, 2014). In any case, the punishment of mothers who suffer from addiction when they should be receiving support and treatment is a large moral failing on the part of policymakers. Arguments around whether the woman should be held responsible for her addiction overlook possible systemic barriers that led to her substance use as well as the fact that drug addiction is a treatable illness (Todd, 2014). In creating and invoking this law, policymakers are essentially turning their backs on some of the most vulnerable people in our society, expectant mothers, and using their resulting arrests as evidence of corrupt principles, deserving of punishment and

363). Kennedy (1998) further suggested that Roberts failed to explain why there was a difference between prosecuting women for fetal endangerment and helping women to heave healthy pregnancies. Roberts (1991) noted the debate of this issue has overlooked a critical aspect of government prosecution of drug addicted mothers. Roberts (1991) concludes by advocating a progressive concept of privacy that places an affirmative obligation of the government to guarantee individual rights and recognizes the connection between the rights of privacy and racial

The concern is not being placed on the woman, but rather on the result of her biological process: her “baby”, with its potential to be born “normal”, if only the circumstances of its mother are controlled to allow for the possibility of normalcy. Recently, an addicted woman in New York, who had engaged in sex work in the past was told by a family court judge “not to get pregnant again until she has gained custody of her son”. This case adds to the legitimacy to Knight’s writing and highlights the continued need for addressing addicted pregnant women (FOX News, 2017; Weed, 2017). This particular case is addressed in a very different manner by two news publications. FOX News, a conservative news source, focuses on the previous children of this woman, describing how her drug use during pregnancy lead to the children being born addicted to drugs (FOX News, 2017). CNN, a more “liberal” news sources chose to focus on how ordering someone not to have children is a violation of their human rights (Weed, 2017). Yet neither article addresses the lack of concrete help for the sake of the addicted

Tennessee passed a new law that any pregnant women who has been found using narcotics during pregnancy or if the baby is born being addicted to the drug will be arrested. Tennessee is the first state to allow this type of criminal law to go into place. Tennessee law allowed police to arrest women who used drugs when they were pregnant, but this approach never worked (Perez, 2014). Tennesee has a staggering infant mortality rate which ranks among 3rd in the nation (Sakuma, 2013). In 2013, Tennesee lawmakers actually sought to encourage mothers to get treatment under the Safe Harbor Act. The act let mothers get the help they need for the addiction, but they were promised they would not lose custody of their baby so long as they were seeking treatment (Sakuma, 2014). The new law permits moms to avoid prosecution if they can successfully complete their drug rehabilitation program (Sakuma,

Tennessee decided to put up a law trying to protect tax payers and the future generation from facing issues with Fetal Alcohol Syndrome. A case was showed where a 26 year old woman Mallory Loyola was the first charged with this law after traces of methamphetamine were found in her urine shortly after having her child. She was arrested and thrown in jail not ever spending a day with her new born baby. Fetal Alcohol syndrome is not the only thing women have to worry about while on drugs. If they let Mallory go home with her child while on meth, it could easily affect the home life and still destroy the child 's life without it being in their system. Case studies also shown by (Miller, 2014) is even though a women is charged with assaulting

Pre-natal alcohol exposure is an established cause of fetal alcohol spectrum disorder (FASD), which is now recognized as the most common preventable cause of mental impairment in North America (Popova et al., 2013). Individuals with FASD experience a wide range of neurological and psychological disabilities caused by permanent brain alterations (Petrenko et al., 2014). The adverse health outcomes that arise from FASD have lifelong implications and pose a significant burden on the Canadian health care system (Popova et al., 2013). From a public health perspective, FASD presents a unique and complex challenge due to the specialized needs of those diagnosed with FASD, and the complexities of maternal alcohol use.

“Since 1985 about 250 Women in 30 states have been criminally prosecuted in relation to drug abuse while pregnant.” (Coles, par 16) Since there isn’t a law in place for a woman being convicted for drinking or smoking while pregnant, they dig a little deeper and get more technical. Charges for unlawful child neglect, delivering drugs to a minor, homicide by child abuse and even manslaughter have been given to mothers who abuse drugs or alcohol while pregnant. Some even believe in terminating the woman’s parental rights. Whether or not the child shows signs before birth, they have started to test newborns for drugs and prosecute from there. (NAPW, par 33-35)

The rationality of those who support the punishment of addicted mothers focus on the idea that maternal conduct could lead to potential detrimental effects upon the fetus and that prosecution of such behavior would serve as both retribution for the fetus and as a deterrent. Whereas those who advocate for the pregnant women view this rational as not only impermissible but also unconstitutional as in current legal standing the fetus has no rights that usurp those of the pregnant woman (Stone-Manista, 2009, pp.823-856). Advocates also suggests that the breadth of forces that lead to drug use in pregnant women have a prevalent cultural and social foundation that the proponents for deterrence and retribution ignore in favor of strict scrutiny. This conflict between women’s rights and fetal rights has caused a paradigm in the prosecution of pregnant drug users as the interpretation of criminal sanctions argues over the definition of ‘child’ as encompassing fetuses in the definition would then lay the foundation for punishment for a woman’s conduct during pregnancy (Stone-Magnets, 2009, pp.823-856). Though currently it is unconstitutional and legally impermissible to prosecute women with state child abuse statutes in regards to drug use during pregnancy; advocates of fetal rights continue to follow

would not be able to live a normal life for the rest of its life. The

Many women, including teens, abuse drugs while they are pregnant. This rate is especially high to those who are homeless, underprivileged, or live in a broken home. In order for drug abusers to even have a chance at beating their addiction they have to have support whether it’s family, friends, or boyfriend/spouse. They must also let the abuser now all the consequences to themselves and the unborn child. There are many consequences when using drugs during pregnancy such as miscarriage, health risks to baby, and health risks to the mother. And learning disabilities and brain damage to the fetus.