should a pregnant woman who consumes illegal drugs that damage her child be punished as a criminal?

Question

and should the child be taken from her? if so, with whom should the child be placed?

Answer 1

The woman needs appropriate mental health counselling. CPS should get involved, but they may be able to help the mother and it not be necessary to take the baby. I don't think she should be sent to jail, I really don't see what that accomplishes, or how that's any better for the baby.

Answer 2

The Supreme Court has already said NO. Otherwise, women would stop seeking prenatal care and that would be worse. In most states, they test the newborn at the hospital. If the baby is found to be positive for drugs, it is placed in protective custody. If the baby appears to have the damage associated with certain popular drugs, they are also placed into protective custody. The mother does not take the child home until she's had a court hearing.

If a pregnant woman was to be prosecuted for illegal drugs that damage her child, so should the father who knew she was a user and impregnated her anyway. That's not gonna happen. In a couple of states, courts have placed pregnant, addicted women into protective custody for the duration of their pregnancy. The protective custody has been based on their mental illnesses, not their drug abuse. While, in the long run it was great for the babies, it also got treatment for these women. Most of the time, they are incapable of caring for an infant even if they weren't drug addicts.

Nobody likes the situation. Offering free, long-term, easily obtained without a prescription, birth control would perhaps help the situation. When word gets around that drug addicted women will be arrested as soon as they leave the hospital, they will stop showing up there. Guess what will happen to the babies?

Answer 3

Yeah a pregnant woman who still does illegal drugs while pregnant should be punished. The child should go to a family member or even to foster care. Foster care would be a way better place for the child, just think of what kind of mother that woman would be.

Answer 4

No. She should be treated as an addict - forcibly if necessary to prevent the child from being born damaged, but she should not be treated as a criminal. What good would that do her child? It just sounds inhumane to me. A woman who isn't motivated to care for her own child is in trouble, not evil.

No, if the child is taken from the pregnant woman, that's forced abortion... Oh, you mean *after* birth. No, not necessarily; no child should ever be taken from its parents unless it is proven that they are legally unfit - incapable of, or unwilling to, care for it adequately (that is, to not willfully endanger or neglect it).

If an infant were taken from its mother at birth because she couldn't care for it, an attempt should be made to find a close relative who could care for it - starting with the closest relative, the father, who presumably should have been there all along and helping the mother avoid drugs. If there are no relatives, foster home; or if the child is too damaged for anyone to be able to give it proper care at home, well ... looks like government custody, ward of the state, institutionalized, you & I as taxpayers taking care of it. It's a sad world.

Answer 5

I believe the woman should be punished as a criminal.

The child should definitely be taken from her.

As for who the child should be placed with, it depends. They could place him/her in a foster home, or with another family member. Maybe they should be placed for adoption.

Did the mother do it on purpose, or did she do it because she is addicted? She should get help, that's for sure. In the end, I think for the child's safety, he/she should be placed for adoption. There are plenty of people out there wanting to adopt a child and if they can take care of that child, why shouldn't they? The mother obviously isn't all there to do the work.

Answer 6

Absolutely she should be punished as a criminal. Look at it this way if the child were already born and she was feeding the child illegal substances she would be prosicuted right.

Yes the child should be taken from her. The child hasen't even been brought into this world yet and look what she is already doing to it.

It is unfortuinate but if the child is taken from her it would probably be put into the foster care program.

Answer 7

I absolutely believe that the woman should be prosecuted, and the courts do not place the baby in the home of the mother, especially if their is damage to the baby. Interesting though- if that same child was aborted- their would be no prosecuting. I don't understand. If it is the mother's choice to do drugs then it should be ok , shouldn't it? I AM NOT SERIOUS HERE- I am just trying to make a point- a woman has a choice to abort but not to do drugs that may damage baby- THEY SHOULD BE BOTH WRONG!!!!!!!!!!!!!!!!!!!!!!!!

Answer 8

Yes. the mother should be punished. and yes her child should be taken from her and placed in a home where someone could take care of it. Adoptions are a very good way to help the child find a family that will love it and take care of it.

Answer 9

Should a woman get arrested if she gives her daughter cocaine to lick off her lunch plate? You're doggone right she should get arrested. So there's your answer.

Yes, she should get arrested, punished as a criminal and the child taken from her. The child should be placed with a competent family member.

Now if mom does the time, goes through rehab, sticks with counseling for one year, keeps a job for one year, is living in a clean place for one year, then visits with baby can start, then eventually baby can go back to mommy.

Answer 10

Yes! I think this should be considered child abuse. I can't believe some mothers not being strong enough to go a short 9 months without drugs and alcohol... or fast food even!!!

It's your precious baby... your child... if you aren't going to give up things for them now, what's going to happen when they are born?

The children should be placed with a responsible family member, who hopefully was the one who turned the mother in anyway.

my goodness... what is the world coming to?

Answer 11

I work with these babies and they are taken away at the hospital and put into foster care. If the mom wants the baby back, then she has to complete drug rehab and show that's she off of drugs for a long time. It takes about 12 months to complete all of this and get custody of the baby.