US Court to decide if drug use while pregnant is child abuse

04:35  10 april  2018
04:35  10 april  2018 Source:   ap.org

Teen Mom's Maci Bookout & Husband Taylor McKinney Considering Adoption in Wake of Her Miscarriage

  Teen Mom's Maci Bookout & Husband Taylor McKinney Considering Adoption in Wake of Her Miscarriage Teen Mom OG's Maci Bookout Reveals She Suffered a Miscarriage Maci Bookout is opening up about a painful period of her life: her miscarriage Maci Bookout and Taylor McKinney are open to adopting a child after the Bookout suffered a miscarriage. The Teen Mom OG stars shared their hopes of expanding their family in wake of their loss on Monday night’s episode of the MTV reality show. The couple broached the subject with their children, and her oldest son, Bentley, was particularly keen on getting a baby brother or sister as he wants another sibling to “play with.” Wanting to be open to other ways aside from getting pregnant to make Bentley’s dream a reality, the couple called an adoption counselor. “I know you said you don’t want to be pregnant again, so this seems like the next best option,” McKinney told Bookout. “I mean, it’s not that I don’t want to be pregnant again it’s just that whenever I think about having another biological child, I immediately go back to that baby that we lost,” she said, referring to the miscarriage she had last year. “I can totally understand that from your point,” her husband said. Mom of three added, “I think we still have some grieving to do before we have fully accepted what happened. I just don’t want to make that decision thinking maybe somehow it’ll replace or fix the loss, you know? It’s just too fresh.

The Pennsylvania Supreme Court is poised to decide whether or not the state’s child abuse law can be used to penalize pregnant people who have “Under the plain language of the statute, mother’s illegal drug use while pregnant may constitute child abuse if the drug use caused bodily injury to

effect of declaring drug use by pregnant women child abuse . If this issue comes before the United States Supreme Court , it will probably be decided the way the majority of states have decided the issue: women cannot be charged with child abuse , engenderment, etc. for using drugs while

HARRISBURG, Pa. — Pennsylvania's highest court will decide whether a woman's use of illegal drugs while pregnant qualifies as child abuse under state law.

The Supreme Court recently took up the case of a woman who tested positive for suboxone and marijuana at the time she gave birth early last year at Williamsport Hospital.

A county judge ruled that did not qualify as child abuse under the state's Child Protective Services Law, but the intermediate Superior Court said drug use while pregnant can make bodily injury to a child likely after birth.

Court records indicate the child spent 19 days in the hospital being treated for drug dependence, exhibiting severe withdrawal symptoms.

Thousands of Massachusetts cases tied to drug chemist get dismissed

  Thousands of Massachusetts cases tied to drug chemist get dismissed <p>A justice on Massachusetts' top court on Thursday ordered the dismissal of 7,690 drug cases because of their link to a former forensic chemist who authorities said for eight years stole drug evidence and worked in a state lab under the influence.</p>A justice on Massachusetts' top court on Thursday ordered the dismissal of 7,690 drug cases because of their link to a former forensic chemist who authorities said for eight years stole drug evidence and worked in a state lab under the influence.

The same month, a Pennsylvania judge ruled that prosecutors could charge an addicted mother with child endangerment for using heroin while This spring, the Oklahoma state legislature nearly passed a bill making it a misdemeanor for pregnant drug abusers to fail to get substance- abuse

A woman’s decision to take drugs while pregnant can constitute child abuse if it causes bodily injury to the infant after birth, a state appellate court has ruled, addressing a first impression issue.

"Mother's actions were deplorable but this court must follow the law," wrote Clinton County Judge Craig Miller in May, ruling the county child welfare agency had not established child abuse occurred.

The mother's lawyers argue lawmakers never intended the child protection law to apply to acts during pregnancy.

"No one thinks using drugs while pregnant is good, but using the criminal justice system and the civil child abuse system to punish people for doing so just makes a bad situation much, much worse," said the woman's lawyer, David S. Cohen.

Amanda Beth Browning, lawyer for the Clinton County Department of Children and Youth Services, declined comment.

In a filing with Supreme Court, the woman's lawyers said most states, with a few exceptions, "have taken a non-punitive approach to the issue."

Arizona mom arrested after toddler ate THC-laced mac and cheese, cops say

  Arizona mom arrested after toddler ate THC-laced mac and cheese, cops say An Arizona mother was arrested Thursday after her young daughter ate THC-laced macaroni and cheese. An Arizona mother was arrested Thursday after police said her young daughter ate Alaina Marie Limpert, 25, allegedly laughed when she realized her daughter, who is less than two years old, was experiencing the side effects of THC, a chemical found in marijuana, as she ate the meal with her father, the Tempe Police Department said."During that time neither parent took the child to immediate emergency care," the police report stated.

The Pennsylvania Supreme Court has been asked to decide whether drug abuse during A three-judge panel ruled her illegal drug use might constitute child abuse under the law “if it is established “Our position is that actions taken while pregnant are not what the state statute is supposed to cover

“try to get a court to decide that the word ' child ' in the child - abuse statute applies to eggs, embryos, and fetuses” by suggesting that the law would only be used The media sensationalized the “crack baby,” providing an emotionally charged icon of victimization, while pregnant , black drug users were

"Almost every major medical and public health organization has recognized that punishing women for drug use during their pregnancies is counterproductive to public and private health," wrote lawyers for the mother, identified by initials in court records.

"The rationale here is simple — women with a substance abuse disorder during pregnancy need treatment, both for their drug use and prenatal care, and the threat of being punished by the state will drive women away from treatment, thus risking their own and their child's health," her lawyers argued.

They warned that if the court expands child abuse's "recent acts" to include pre-birth activity, that could encompass a range of things, from smoking cigarettes to drinking water in an area without reliably clean water.

Superior Court Judge Geoffrey Moulton, in a Dec. 27 opinion , said a mother's substance abuse while pregnant "may constitute child abuse" if child welfare authorities can prove she "intentionally, knowingly, or recklessly caused, or created a reasonable likelihood of, bodily injury to a child after birth." Moulton's opinion printed the word "after" in boldface.

Woman Allowed 2-Year-Old To Smoke Meth, Police Say

  Woman Allowed 2-Year-Old To Smoke Meth, Police Say Kaitlyn Ecker, 20, was first arrested on drug charges after detectives began to investigate allegations of child abuse.A child abuse investigation was first launched in January, when Wakulla County Sheriff’s Office detectives looked into allegations that Ecker had involved the child in meth and marijuana use at her home. Witnesses told detectives that the child smoked marijuana with Ecker and “joked” that the toddler knew how to “roll joints.

A state Superior Court found that a woman who did drugs while pregnant may have committed child abuse . Or not being split into tiny parts and put on Planned Parenthood’s organ menu. Good news though, a court just made a decision which increases the protection of unborn rights

The Pennsylvania Supreme Court is poised to decide whether or not the state’s child abuse law can be used to penalize pregnant people who have narcotics It reversed the trial court ’s ruling and sided with CYS. “Under the plain language of the statute, mother’s illegal drug use while pregnant may

Another judge said he agreed with Moulton's reading of the statute, but added he questioned "whether treating as child abusers women who are addicted to drugs results in safer outcomes for children."

States have rarely criminalized the exposure of an unborn child to illegal drugs, but it is common for child-welfare agencies to become involved when a newborn tests positive for exposure to opioids and other substances, said Meghan McCann with the National Conference of State Legislatures.

"States are really grappling with this and states are sort of interested in what are the alternatives to a child abuse neglect case," McCann said, noting a strain on foster care systems. "How to keep the family together is of interest."

Toddler shoots, critically wounds pregnant mom after finding gun .
A 3-year-old girl shot and critically wounded her pregnant mom in an Illinois parking lot with a loaded handgun she found in the car. A 3-year-old girl shot and critically wounded her pregnant mom in an Illinois parking lot with a loaded handgun she found in the car, according to police and local reports. The bullet penetrated the car seat and struck the 21-year-old mom in the shoulder at a Merrillville strip mall Tuesday afternoon, police said.The woman is believed to be at least six weeks pregnant, according to the Times of Northwest Indiana.

—   Share news in the SOC. Networks

Topical videos:

This is interesting!