NJ Supreme Court: Prenatal Drug Exposure is Not Enough to Prove Child Abuse

To Prosecute, or Not To Prosecute, That is the Question:

Should there be legal consequences for women who use either alcohol or illegal substances while pregnant? This question is still extremely controversial, and due to varied opinions, will continue to be for years to come.

The New Jersey Supreme Court recently reached a unanimous decision that the state may NOT consider a newborn to be abused or neglected based solely on evidence of prenatal drug exposure. There has to be substantial evidence showing that the drugs and or alcohol ingested while pregnant will have lasting effects on the infant and his/ her health in order for there to be a case. This evidence can come in the form of actual physical or mental impairments at birth etc.

According to the article, many states have already prosecuted women who have abused drugs or alcohol during pregnancy. These convictions were mainly overturned because of the fear that it would discourage women, who are pregnant while suffering from substance problems, from seeking out the help they need.

Congress has already responded by authorizing grants, which will be used to set up drug treatment programs targeting pregnant drug/ alcohol users.

For More Information: http://verdict.justia.com/2013/02/19/in-utero-the-new-jersey-supreme-court-says-prenatal-drug-exposure-is-not-sufficient-evidence-of-child-abuse

Sound off WordPress: Should All Cases of Prenatal Drug and or Alcohol Use be Considered Child Abuse and Neglect? Vote and Leave a comment!

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Felician Sisters of North America Mission: Haiti

Praise the Lord! We have been in Jacmel, Haiti since 2012 and so many good things have happened that we wanted to share a few stories with you! Join us on our journey and please keep us in your prayers as we keep you in our prayers.

Parenting And Stuff

Not a "how to be a great parent" blog

njfamilylawdefense

Experienced Attorney ready to fight for your rights

%d bloggers like this:
search previous next tag category expand menu location phone mail time cart zoom edit close