I did some digging this morning while researching some other stuff, and saw the following information. I thought that it might be helpful to some of you who are struggling with addiction issues during pregancy. I know a few people had questions regarding the legal side of things, so here goes:
Currently, there is only one state, South Carolina, who holds prenatal substance abuse as a criminal act of child abuse and neglect. Other states have laws that address prenatal substance abuse:
* Iowa, Minnesota, and North Dakota's health care providers are required to report and test for prenatal drug exposure. Virginia health care providers are only required to test.
* Arizona, Illinois, Massachusetts, Michigan, Utah, and Rhode Island'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 welfare laws. Therefore, prenatal drug exposure can provide grounds for terminating parental rights because of child abuse and neglect. These states include, Colorado, Florida, Illinois, Indiana, Maryland, Minnesota, Nevada, Ohio, 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.
* In 2004, Texas made it a felony to smoke marijuana while pregnant, resulting in a prison sentence of 2-20 years.
All that being said, it is important to note that if a state you are in is required to report, it does not mean anything happens after that, and regardless, it is of the UTMOST importance for you to get help for you and your baby. In that states that include all of this in their welfare laws, again, it most likely would never come to losing one's baby if you are seeking help and were not in trouble because of physical and emotional abuse perpetrated on another child. These things seem for the most part, to be in place as a way to note a potential problem, period. I will put two numbers you can call for help below:
National Drug Help Hotline: 1-800-662-4357
National Alcohol and Drug Dependence Hopeline: 1-800-662-2255
Jacqui