I have a friend who is 12 weeks pregnant. She went to the emergency room for a unrelated problem and THC was found in her system. Is it the doctors responsibility in the state of Florida to report this to Child Protective Services or Department of Children and Families?
If it was not reported how can it be proved without her agreeing to releasing her medical records?
2007-10-09 05:57:03 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Florida health care providers do not have such a duty.
Florida considers prenatal substance abuse as part of its child welfare laws, so prenatal drug exposure can provide grounds for terminating parental rights because of child abuse or neglect.
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 for it.
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.
2007-10-09 06:19:51 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yes and no. The state of Illinois has a funning law regarding this. If you are brought to the hospital for a medical reason and an unknown problem or cause of the medical condition the doctor can ask for a set of Chem 7,21 or other standard lab tests to be run. These lab tests will show if chemicals are present in the blood system to help him in making a determination for treatment. However these test result can not be used as evidence againest you in a court of law and carry the same doctor patient confidentiality as if you are in the doctors office. However, if you are pregnant and the levels of drugs in you system are so high that they have cause death or permanat damage to a unborn child then the doctor is obligated by law to contact the local police and file a report. This report is then given to the County attorney for review in order to see wether this warrants charges to be filed. If your sytem only showed a trace or occasional use of Maijuana then you don't have anything to worry about. If however you have large quantaties of heroin, cocaine or other know street drug know to cause fetal birth defects then you might be facing charges depending on the outcome of the infact at birth. You must remember that treatment to a individual is different than the treatment of a pregnant women, becuase Illinois deferenciates this as two people even if the baby is still within the abortion limits. I hope this has helped you, and good Luck!
2016-05-19 23:18:26 · answer #2 · answered by mica 3 · 0⤊ 0⤋
Actually, in many states, while the fetus is not a 'person' in the legal sense, several landmark decisions have been handed down that allows CPS to take "PROTECTIVE CUSTODY" of the fetus.
Once such case in Wisconsin resulted in the mother being arrested and held until the child's birth because of continued and persistent drug use.
South Carolina has also sided with the 'viable' fetus in the Whitner case
In your particular case, the presence of THC is not enough to envoke "mandatory reporting" requirements under law. However, the physician was also under no duty to report the mother for drug use.
The Florida supreme court has struck down such laws however, prosecutors are taking another approach. Upon a live birth the child can be tested under court order and if the presence of drugs or alcohol is found they can file abuse and/or endangerment charges at that time.
2007-10-09 06:14:25 · answer #3 · answered by hexeliebe 6 · 0⤊ 0⤋
I know that a newborn that tests positive for drugs will be taken from its mother by cps immediately... I would think that this would be reported to CPS- but not sure- You can always call and ask CPS what the protocol is. If she is 12 weeks pregnant she has taken this drug since she has been pregnant- My question is did she know she was when she was using the drug...if the answer is yes then she should be reported!
2007-10-09 06:07:28 · answer #4 · answered by Kim 3 · 1⤊ 1⤋
The fetus isn't a patient - the mother is. The mother has the right to abuse her body. (She also has the right to be arrested for illegal activities - but that is neither here nor there on this issue.)
A health care worker cannot report drug use by a pregnant mother - however once the child is born if he/she tests positive then the physician would be duty bound to report that finding as it becomes abuse. Living baby outside of Mom is a person to be protected, fetus inside of Mom (plus significanly below the gestational age of viability) is not a person, therefore warrants no protection.
2007-10-09 06:06:16 · answer #5 · answered by Susie D 6 · 1⤊ 3⤋
Mothers cant be prosecuted for anything that they do to harm the fetus like using drugs or drinking so there would be no point in reporting anything. The best thing anyone can do is to educate her on what drugs and alcohol can do to a developing baby.
2007-10-09 06:06:00 · answer #6 · answered by Diane M 7 · 0⤊ 3⤋
No, these kinds of things don't get reported and it can't be proved without her consent. sounds like you want to cause trouble for your friend thats not nice.
2007-10-09 06:01:26 · answer #7 · answered by howie r 5 · 0⤊ 3⤋
I dont know but they should.
2007-10-09 06:00:27 · answer #8 · answered by Ashley 6 · 0⤊ 1⤋