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To pregnant women regarding the law and drug use:
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To pregnant women regarding the law and drug use:

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

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11 Comments Post a Comment
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414508 tn?1222631290
thanks Jacqui, that info is so helpful, thank you for taking the time to post this.
take care
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Avatar f tn
thanks for posting that info. I think it is important as there are lots of women trying to get clean due to pregnancy!

Thanks for taking the time to research it that was so sweet!
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199177 tn?1332183097
very good info ...........Thank you!!!!!!
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401095 tn?1351395370
It is great when people take the time to look up info to help others...good post jacquii
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495374 tn?1209879470
I WOULD JUST LIEK EVERYONE TO KNOW THAT I LIVE IN SPOKANE WA, AND HERE IN WASHINGTON WHEN A BABY IS BORN ADDICTED IN A HOSPITAL THEY AHVE TO NOTIFY CPS THAT YOUR  BABY WAS BORN ADDICTED.  THAT DOESN'T MEAN THEY WILL ALWAYS GET INVOVLED, BUT IF YOU DIDN'T SEEK HELP DURING YORU PREGNANCY MOST LIKELY THEY WILL.  ESPECIALLY IS YOU GOT DRUGS ILLEGALLY.  IF YOU HAD A PRESCRIPTION FOR PAIN MEDS THEN THEY WILL NOT, IF YOU TOOK PAIN MEDS ILLEGALLY THEY CAN BUT NOT ALWAYS WILL.  BY LAW THEY DONT' GO AFTER EVERY MOTHER JUST DEPENDS ONTEH SITUTATION. I KNOW CAUSE I HAVE A 5 MONTH OLD DUAGHTER WHO WAS BORN ADDICTED TO METHADONE.  I WENT TO THE METHADONE CLINIC AT 7 MONTHS BUT GOT IT ILLLEGALLY FOR THE FIRST PART OF IT.  CPS GOT INVOLVED BUT ONLY FOR A MONTH BUT IT WAS HELL WHILE I WAS INVOLVED WITH THEM. ONCE THEY SAW OUR LIFE AND EVERYTHING THEY CLOSED BECAUSE WE WERENT THERE TYPICAL DRUGGY FAMILY.  AT LEAST THATS WHAT THE CPS WORKER SAID TO ME. IF YOU ARE USING WHEN YOU ARE PREGNANT YOU NEED TO TELL YOUR DOCTOR.  CAUS E YOU DON'T WANT YOUR BABY TO BE BORN ADDICTED WITHOUT HAVING TODL SOMEONE SO THEY CAN BE TAKEN CARE OF RIGHT AWAY,, IT ALSO MAKE SYOU LOOK REALLY BAD.  DO IT FOR YOUR BABIES SAKE.  TELL SOMEONE AND THEY WILL DO STRESS TESS' FOR YOUR BABY AND DO EXTRA ULTRASOUNDS TO MAKE SURE YOUR BABY IS OKAY.  HOPE THIS HELPS  
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495374 tn?1209879470
ALSO I WANTED TO MENTION THAT YOU SHOULD NEVER EVER GO CLEAN WHILE PREGNANT.  YOU CAN KILL YOUR UNBORN BABY BY DOING THIS.  THIS IS ANOTHER REASON TO GET HELP SO YOUR BABY CAN BE ON A SAFE CONSTANT DOSAGE DRUG. ANY WOMAN PREGNANT WILL GET ONTHE METHADONE PROGRAM IMMEDIATELY.  ALL OTHER PEOPLE HAVE TO WAIT TO GET ON BUT IF YOU ARE PREGNANT YOU AUTOMATICALLY GET ON. SO PLEASE DO THIS.  IT IS SAFE AND ALSO HELPFUL TO YOU TO HELP YOU WEAN.  AND THEY ALSO HAVE THE PREGNANCY AND PSOT PARTUM COUSNELING GROUPSL THAT WILL HELP YOU.
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Avatar m tn
Thank you for your time and effort, but mostly for your caring.

Friend999
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352798 tn?1399301754
Great, informative post! You go girl!

dandee I concur with you on the Washington State rules. CPS is required to be notified in any abuse seen or noted by the Dr.
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Avatar f tn
I'm in the same somewhat type of boat, it sounds like you were in. I was wondering if I could get some input from you on this particular subject. I'm in my first trimester and have been taking what you're taking but I'm not getting it from a clinic. Id like to start going to one or find a dr. that can legally prescribe and manage my issues for not only myself but the baby. I've been very upfront with the obgyn but still worried if I try to get into some sort of program the baby will be taken away. I would be very thankful if I could talk to you since it sounds like you've already been through, what I'm trying to navigate.
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495284 tn?1333897642
This is a really old thread.  Go to the top of the page and where it says Post a Question click on that and start your own thread.  That way you will get responses from other members.  We can help you.
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Avatar f tn
Thank you so much!
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