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Tennessee bill targets low income women with mandatory drug tests

Rachel at Women's Health News brings our attention to this proposed bill in Tennessee that would target certain pregnant women for drug and alcohol testing.

(c) The department, in promulgating rules to implement this act, shall consider the following as indications of the necessity for alcohol or drug testing: (1) No prenatal care; (2) Late prenatal care after twenty-four (24) weeks gestation; (3) Incomplete prenatal care; (4) Abruptio placentae; (5) Intrauterine fetal death; (6) Preterm labor of no obvious cause; (7) Intrauterine growth retardation of no obvious cause; (8) Previously known alcohol or drug abuse; or (9) Unexplained congenital anomalies.

As Rachel explains in comments, the bill's regulations would target low-income women, "the women who may not have health insurance or time off work or money or transportation to get prenatal care, who are going to have those same barriers to going through drug rehabilitation."

Of course, tactics like this regarding pregnant women is nothing new. In fact, it's a trend.

Aunt B. says it best:

In other words, the precedent they're setting is that, once you are pregnant, your body is not your own. You no longer know what's best for you. Your doctor no longer knows what's best for you. You are not allowed to not realize you're pregnant. You're not allowed to be afraid. You're not allowed to be too poor to go to the doctor. You have to do what the State tells you to do while you're pregnant, because, while you're pregnant, your body is not your own.

(Mamapundit has more, as well.)

For more information on pregnant women's rights, check out the National Advocates for Pregnant Women.

Posted by Jessica - February 20, 2009, at 09:38AM | in Class , Motherhood , Reproductive Rights

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48 Comments

The bill may as well just directly tell lower income women not to bother to get pregnant. Why does the government have to make life a hassle?

Do you think the Tennessee legislature favors right to abortion and birth control?

God forbid they actually provide free prenatal care.

How could this even be enforced? Would there be an 800 number hotline for people to call to report suspected pregnancies? A special task force roving through neighborhoods looking for pregnant women? Would there be a court order for the testing? Who would have to pay for it?

There are so many causes for the things listed besides drug use, and I'm sure it would be just great for someone who'd lost a baby for whatever reason to then be accused of being a drug user. "Incomplete prenatal care"? So women would have to carry around proof that they'd seen a doctor?

This is the dumbest things I've ever heard.

[0+] Author Profile Page saintcatherine replied to PullTaffy :

This bill is such crap, and I bet they would have to get docs in on the game by requiring that they become the pregnancy police:

"What? Cancelling your appointment again? Sorry.. this means a report to the state and a drug test next time you come."


Of course,disrespectful treatement of low-income pregnant women is nothing new, as anyone who has ever been on medical asssistance and pregnant can tell you.

[0+] Author Profile Page MzBitca replied to PullTaffy :

The wording in the bill seems to imply that it is the Doctor's responsibility to recognize that something is "wrong" and do the drug test. They then are to inform CPS if the mothers does not attend treatment. Obviously so many problems there and it just goes to show that these people, like so many law makers have not spent any significant amount of time with people who have addictions.

[0+] Author Profile Page thegecko said:

WTF is up with alcohol testing? It's strongly recommended that you don't drink while pregnant, but since when has that ever actually been illegal? What purpose would it serve to test pregnant women for alcohol consumption?

I agree with PullTaffy...I can't even imagine how they would enforce such a law. Are we all going to have to report to a clinic for monthly pregnancy tests now?

[0+] Author Profile Page platon2043 replied to thegecko :

The purpose is to intervene early to correct the behavior.

Alcohol, like most teratogen-inducing substances, has a dose-response relationship. If you stop the alcohol sooner rather than later, the baby will be better off for it.

[0+] Author Profile Page MissKittyFantastico said:

What happens if they DO catch you drinking or doing drugs while pregnant?

[0+] Author Profile Page MzBitca replied to MissKittyFantastico :

You will be refered to mandatory drug treatment (no mention of anyone paying for it but you) If this is not accomplished you must be reported to CPS..no mention of what happens after that so either they haven't thought about it or they don't want to put "be arrested" since they said that positive drug tests at the doctor's office cannot legally be used to press legal issues.

SO I just don't get the point. If they can't follow up legally, what are they going to do? get you on their radar and evetually hope they can arrest you for something else and then throw you in jail where many women miscarry due to withdrawals (especially if on opiates)

[0+] Author Profile Page platon2043 replied to MzBitca :

they said that positive drug tests at the doctor's office cannot legally be used to press legal issues.

SO I just don't get the point. If they can't follow up legally, what are they going to do? get you on their radar and evetually hope they can arrest you for something else and then throw you in jail where many women miscarry due to withdrawals (especially if on opiates)

While you may not be able to use the test results to arrest the mom, you can CERTAINLY use the results to take away custody of the baby. That in itself is a "legal action" so its not correct to say that these test results have no legal bearing or implication.

[0+] Author Profile Page ChicaViernes said:

I made the mistake of mentioning that I had a few drinks during pregnancy after I delivered prematurely (this was in Texas.) What resulted was nine months of CPS investigations including being reprimanded by CPS for not visiting my child in the hospital often enough. Of course when I almost lost my job because I had to (and wanted to) visit my daughter in the hospital, then CPS warned me that losing my job would be irresponsible as well. There was no sympathy and no understanding that I was in a Catch-22 situation.

So although alcohol consumption during pregnancy may not be illegal, there is no reasoning with CPS once you get their attention. Not to mention how disturbing it is to see paperwork with your name on it accusing you of "physical abuse" of your child during a time in which your child was not outside of your body.

[0+] Author Profile Page thegecko replied to ChicaViernes :

That's fucked up. For all they knew, you might have not even known you were pregnant when you had those drinks. It's not as if your feet turn purple at the moment of conception so that you might instantly know. I also fail to understand why CPS as a whole wastes so much energy on innocent mistakes while children who are really in trouble get no help whatsoever. Something is broken here.

[0+] Author Profile Page MzBitca replied to thegecko :

What I've noticed in dealing with CPS is that it's easy to investigate drug cases. The mother is arrested or tests positive. It's quick and simple to them. Cases of abuse are harder. They go into the home and unless there's actual evidence they can't do much, espeically if the parents are resistant to letting them interview the child alone.

Women who have drug problems lose their child easier and have a harder time getting them back then people who have alleged abuse charges against them.

[0+] Author Profile Page thegecko replied to MzBitca :

Yeah, but in Chica's case, she indulged in a substance that she could (presumeably, I have no idea how old you are) legally purchase and consume, even while pregnant. In my opinion, as long as it's legal for a pregnant woman to drink (and I'm not saying it shouldn't be-I'm no doctor) CPS overstepped their bounds by going after Chica and putting her on record as an abuser.

Now drug-addicted parents...regardless of any opinion I may hold on what drugs should be illegal or what should be done with addicts and/or casual users...those are illegal in this country and everyone knows it. In cases where drugs are found or parents test positive for drugs, at least they can say they are adhering to the letter of the law.

[0+] Author Profile Page MzBitca replied to thegecko :

I was not defending their action. I was just showing my experience with why they get so involved in cases that involve any type of alcohol and drug use. I completely believe they were in wrong.

[0+] Author Profile Page platon2043 replied to MzBitca :

I agree 100%. Its very easy to test for drugs. Its very much harder by comparison to prove that "abuse" is occurring because the term implies a whole spectrum of behavior, not a simple "yes/no" test result.

[0+] Author Profile Page ChicaViernes replied to thegecko :

Actually I did know that I was pregnant but I thought that the occasional drink was okay as long as I didn't overindulge.

I went into labor prematurely at 29 weeks due to placenta abruptio and had normal feelings of guilt. Did I somehow do something to cause the early birth? Did my "occasional" drink prove to be too much? Did I walk too much in the extreme heat? Did I move too many boxes at work? Was I under too much stress? Unfortunately I expressed these feelings of guilt to a social worker and she in turn reported me to CPS for the drinking. My point is that I think it is normal to feel some guilt when something happens to your child whether you were at fault or not but this doesn't mean that you are guilty.

Instead of being reassured that I didn't do anything wrong I was investigated for nine months. I was drug tested (which came back clean), my mental health was scrutinized (because I was seeing a psychiatrist and on medication), my ability to parent was questioned because fifteen years earlier I had placed a child for adoption (I guess since I wasn't ready to be a parent at eighteen then I wasn't allowed to be a parent at thirty-three) and I was made to take basic parenting classes.

It was a miserable and humiliating experience. Thank God my daughter is healthy.

[0+] Author Profile Page platon2043 replied to ChicaViernes :

Actually I did know that I was pregnant but I thought that the occasional drink was okay as long as I didn't overindulge.

This is wrong. Although its true that more alcohol = more damage to the fetus, there is no "safe" level of alcohol consumption in pregnancy.

In-vitro animal studies have shown that just a couple of ounces of alcohol cause brain cells to dysregulate. Obviously for ethical reasons its impossible to do a randomized controlled trial to determine exactly at what alcohol exposure the teratogenic effects start to manifest.

[0+] Author Profile Page pepper replied to platon2043 :

No, actually, that is wrong. Many health care professionals realize a little alcohol during pregnancy is ok.

[0+] Author Profile Page platon2043 replied to pepper :

No, actually, that is wrong. Many health care professionals realize a little alcohol during pregnancy is ok.


There's not a single credible medical organization that says its "OK" to drink "a little" alcohol during pregnancy. Not a single one. That includes the following who all have very specific statements and published scientific articles arguing for abstinence during pregnancy:

1) Centers for Disease Control
2) Institute of Medicine
3) American Academy of Pediatricians
4) American College of Obstetrics and Gynecology
5) American Medical Association
6) American Society for Maternal/Fetal Medicine
7) National Institutes of Health

If you want to cite individual quack doctors who have no clue what they are talking about, then be my guest. I can cite dozens of quack doctors who believe that MMR causes autism, or that homeopathic regimens cure cancer, or that the preservatives in orange juice cause cerebral palsy. You can find individuals to say anything you want. But the scientific evidence and the scientists/doctors who actually study these issues are crystal clear that there is no "safe" level of alcohol during pregnancy.

ChicaViernes, that sucks beyond words. I hope you've gotten past all that (and maybe left the state).

First, my doctor was in favor of occasional drinks during pregnancy - lets remember that stress is bad for pregnancy. She was also of the opinion that drinking a cup of coffee in the morning was safer than driving to work without coffee.

Second, intrauterine fetal death? Really? Even though 52% of women who get pregnant over 45 have a miscarriage. Even though for women under 30 it's 12%, which while much smaller, is still a huge chunk of the population? Estimates overall are that among women who already know they are pregnant, about 15% will have miscarriages. Is Tennessee really going to treat them all like potential criminals? Really going to take all those shattered, grieving women and subject them to more?

Well, I'm sure that'll protect children. Good job Tennessee. Thanks for reminding me to stay far away from you.

Also, I can't imagine many doctors and nurses being willing to enforce a lot of this.

[0+] Author Profile Page pepper replied to Av0gadro :

(1) No prenatal care;
(2) Late prenatal care after twenty-four (24) weeks gestation;
(3) Incomplete prenatal care;
(4) Abruptio placentae;
(5) Intrauterine fetal death;
(6) Preterm labor of no obvious cause;
(7) Intrauterine growth retardation of no obvious cause;
(8) Previously known alcohol or drug abuse; or
(9) Unexplained congenital anomalies.

does tennessee really believe women don't already feel terrible if any of the above happen?

give me my prison stripes. what i needed when had a miscarriage was government to come in and tell me it is somehow my fault. because it wasn't bad enough when a hospital worker actually had the nerve to ask me what i did wrong. now i need some faceless bureaucracy to ask too.

feminist fuck you to those legislators.

[0+] Author Profile Page thegecko replied to pepper :

Because of course, if you fall into categories 1-3, it must be because you are a bad, neglectful mother, not because you can't afford it. And categories 4-7 and 9 can't possibly be caused by anything beyond your power to control, such as a medical problem or a genetic defect in the fetus (fun fact: just because you aren't a carrier of any genetic defects doesn't mean they can't be introduced into a particular gamete during meiosis; some eggs and some sperm are just randomly defective). Oh and of course, alcoholics and addicts can never overcome their addiction and we must grab any excuse we can to remind them of this.

I've lived in Tennessee for 26 years, and sometimes I think this is where common sense goes to die.

[0+] Author Profile Page thegecko replied to Av0gadro :

Agreed. There's already enough social stigma on women who miscarry without this bullshit bill painting them as potential criminals. "Go pee in this cup so we can make sure you didn't kill your baby with a controlled substance" is the wrong thing to be telling women at a time like that.

[0+] Author Profile Page platon2043 replied to Av0gadro :

First, my doctor was in favor of occasional drinks during pregnancy - lets remember that stress is bad for pregnancy. She was also of the opinion that drinking a cup of coffee in the morning was safer than driving to work without coffee.

Uhhh, thats bad medical advice period. There is NO "safe" level of alcohol consumption during pregnancy. Your doctor obviously doesnt know what she's talking about.

While its true that stress has deletrious effects, its unconscionable to suggest alcohol as a treatment. Go get a facial, try relaxation techniques, go to massage or acupuncture, whatever. Alcohol is literally the last thing you'd want to do in pregnancy to relieve stress.

Second, intrauterine fetal death? Really? Even though 52% of women who get pregnant over 45 have a miscarriage. Even though for women under 30 it's 12%, which while much smaller, is still a huge chunk of the population? Estimates overall are that among women who already know they are pregnant, about 15% will have miscarriages. Is Tennessee really going to treat them all like potential criminals? Really going to take all those shattered, grieving women and subject them to more?

You are confusing terms here. Miscarriage is defined medically as spontaneous abortion of a PRE-VIABLE fetus (e.g. 22 weeks or less). IUFD is a specific term meaning a fetal demise in utero that is otherwise unexplained at 22 weeks or greater. This tennessee law referring only to IUFDs, not to miscarriages, obviously they are not going to investigate every 8 week fetus that aborts for whatever reason.

It is true that IUFDs are caused by a lot more than just alcohol/drug use, however its also true that these substances increase the risk of IUFD by many times over.


Also, I can't imagine many doctors and nurses being willing to enforce a lot of this.

I think you're mistaken about this. Doctors probably wouldnt participate if it meant the mothers were going to jail, but they will participate if the outcome is a drug screen with possible DHS involvement.

[0+] Author Profile Page Rainey said:

In the 18thC if you gave birth to a baby with congenital deformities in the US it was considered a judgment from God on your moral character. This just seems like a new version of that idea without the overt religious language. So here, I'll add that language: Jesus holy fucking christ, what are they doing in Tennessee?

[0+] Author Profile Page platon2043 replied to Rainey :

If a baby has a congenital anomaly, its helpful to identify a cause if possible. If it is in fact drug/alcohol related, then you can intervene and hopefully prevent a future problem with a 2nd baby.

The drug screening information can change outcomes. If you've ever seen a fetal alcohol syndrome baby and how neurologically devastated they are, I think you'd see the benefit of knowing if there is a preventable risk factor involved.

I will take a different approach here...just know that I find everything with this bill WRONG upfront.

Recently, I'll admit to thinking negative, nasty things and judging a woman, visibly pregnant, that I saw smoking a cigarette in public. Everyone should know better than that. I have a hard time thinking that this particular expectant mother knew exactly what she was doing and did it anyway because she was somehow trying to cause birth defects or harm her child. In this day and age if you smoke pregnant in public it is because you are ADDICTED.

Same with "these" women. (Targeting women based on pregnancy status is at best sexist and suspect for SO many reasons, but I will give the "best intentions" of the bill a shot here...) Even if in the best of circumstances with prenatal care affordable and available, a healthy and normally developing fetus, etc., if a pregnant woman was addicted and actively, knowingly, unstoppably causing harm in a pregnancy she intended to carry to term, where is the help for her? Where is her detox? Counseling? Methadone? Treatment? Support?
Where is the ongoing support after she becomes a parent? What if it was the father's drug-damaged sperm that caused any unexplained issues - will HE be tested, given treatment options and counseling for harming the unborn due to addiction? (To be a responsible parent, he will need it as well.) What if it was a lesbian parenting situation & the partner was a gambling addict - could there be a stipulation for financial abuse (and treatment) for her too?

Even though I wanted to tell Smoking Mom to butt it out, it was none of my business. It is not illegal to smoke during pregnancy, just stupid. Obviously, she had problems and my reminding her of this would not make it any better. It is also not illegal to drink during pregnancy and in Europe it is acceptable (not intoxication, that is never a good idea, pregnant or not for SO many reasons...anyone who has had a hangover can tell you that.) Using drugs is not illegal - possessing them is.

Having a miscarriage, stillbirth or other medical issues are also not crimes, even if they could somehow be traced back to substance abuse.

I bet this does not make it past the first round of voting.

[0+] Author Profile Page platon2043 replied to AnnieW :

It is also not illegal to drink during pregnancy and in Europe it is acceptable (not intoxication, that is never a good idea, pregnant

I disagree. It is not "acceptable" to drink while pregnant in Europe, although its not illegal either (just as in the states). Again, there is no "safe" level of alcohol exposure in pregnancy. FAS is not limited to binge drinking.

What constitutes "incomplete" prenatal care? Technically, skipping any KIND of prenatal care could count. Like, if you don't take Lamaze. Or if you use a midwife instead of an OB/GYN. Or you know, if you're POOR & can't afford doctor visits that don't seem 100% necessary since you feel fine.

[0+] Author Profile Page pepper replied to Danyell :

Not to split hairs but Lamaze is not prenatal care and midwives are 100% authorized to conduct prenatal visits (in states where we are licensed...), but I still get your point.

[0+] Author Profile Page MzBitca replied to pepper :

One thing that might be concerning is the fact that is atuthorizes doctors as the one who decide was inappropriate care or suspicious behavior is. So if you get a doctor who is not fond of midwives, and they exist, what's to say they may not assume you need to be drug tested.

I'm honestly surprised that some Fristian healthcare stooge isn't behind this. Or maybe Hackworth is one -- I don't know him.

What's bizarre is that Marrero -- a female Memphis Democrat who's cosponsored stuff like an emergency care for rape victims bill, a pay equity bill and legislation to increase kids' health coverage -- is in on it.

For those wondering about how this prenatal care would be funded: Marrero is a big defender of TennCare (the state's healthcare plan, gutted by unpopular conservative Democratic Governor Phil Bredesen a few years ago after some much-ballyhooed fraud). On the same day Marrero introduced the prenatal requirement bill, she also introduced legislation that "provides for an optional prenatal care benefit in TennCare with co-payments, free transportation, and a visit schedule."

I'm certainly not defending this harebrained prenatal care-requiring bill -- just giving some more info I found on the Legislature's Web site.

[0+] Author Profile Page vegkitty said:

Call me crazy, but what I do to my body, whether or not there is a fetus inside it, is MY choice. I'm so sick of this "protecting the innocent" bs.

[0+] Author Profile Page Concerned Marsupial said:

This bill is definitely crap because it intends to target "certain" pregnant women. You always know there is a problem when such language is used. However, I'd like to disagree with the general sentiment of "everyone should have a green light for smoking and drinking all they want during pregnancy, even if they intend to carry it to term". It's one thing to do this if you are going to have an abortion, but it's quite another to harm a human being. Any reasonable person would agree that just because a fetus is not a human being, it doesn't mean that human beings can't be affected by things that happened during their intrauterine development. I don't think substance abuse during pregnancy could be made illegal without considerable invasion of privacy. Besides, how would you know who intends to carry it to term and who doesn't? But encouraging such careless attitudes is pretty fucked up.

I actually liked the way Ohio Supreme Court handled a case where a newborn tested positive for cocaine and the findings were used (along with other evidence) to terminate parental rights. They found the baby to be an abused child without conferring personhood on the fetus because he was suffering an injury caused by his mother's behavior after he was born. I think it's the only reasonable way to approach such cases.

And I'm sick of hearing that child services are there to punish women. They are there to keep children out of dangerous situations. Reunification with biological parents is always the primary goal.

I don't think that anybody is advocating that women abuse themselves and harm their pregnancies. That is unhealthy and unsuitable. I think the general sentiment is that anybody who is harming themselves and their pregnancies needs help, serious help and not criminalization.

[0+] Author Profile Page conductress replied to Concerned Marsupial :

The problem is that you absolutely cannot lump cigarettes, alcohol, and substance abuse together. Hell, you can't even lump all drug use together into the category of substance abuse. There's no proof that the occasional glass of wine during pregnancy does any harm to the fetus. There's no proof that smoking pot while pregnant does any harm to the fetus. Even the research being done right now indicates that the crack baby hysteria of the '90s was rather overblown. No, I don't advocate the use of crack-cocaine during pregnancy, but my point is that the government is introducing legislation to control women's behavior, without the scientific research to back it up and without anything resembling a solution to the actual problem (in applicable cases, addiction). It's absolute bullshit.

[0+] Author Profile Page platon2043 replied to conductress :

The problem is that you absolutely cannot lump cigarettes, alcohol, and substance abuse together. Hell, you can't even lump all drug use together into the category of substance abuse. There's no proof that the occasional glass of wine during pregnancy does any harm to the fetus.

Thats wrong. In-vitro animal studies have proven that as little as an ounce of alcohol causes neuron dysregulation in primates. There is no "safe" level of alcohol consumption during pregnancy.

There's no proof that smoking pot while pregnant does any harm to the fetus.

Thats also wrong. Smoking MJ has roughly the same effects as regular cigarettes on a fetus. There's been no specific teratogenic effect associated with cannabis on a fetus, but the carbon byproducts of combustion are common to both MJ and regular cigarettes and both have deletrious effects on the fetus.


Even the research being done right now indicates that the crack baby hysteria of the '90s was rather overblown. No, I don't advocate the use of crack-cocaine during pregnancy, but my point is that the government is introducing legislation to control women's behavior, without the scientific research to back it up and without anything resembling a solution to the actual problem (in applicable cases, addiction). It's absolute bullshit.

Its true that the effects of cocaine on a fetus were hyped up by the media, but its incorrect to state that cocaine use poses no serious problems for the baby. Its well established thru in-vitro animal studies and retrospective cohort trials that cocaine use during pregnancy causes PTL, IUGR and SGA among other morbidities. Ironically however, cocaine does reduce the incidence of meconium aspiration syndrome and is much less harmful on the fetus than alcohol.

You are wrong when you say that there is no science to back up the impact of drug use in pregnancy. There are no RCTs because doing these RCTs would be unethical (who among you is going to volunteer their pregnancy/baby to test the effects of alcohol, MJ, cigs, cocaine, heroin, etc?).

[0+] Author Profile Page meeneecat said:

This is another reminder why the "drug war" aka war against people is a feminist/progressive issue. I know so many women who have had their child/baby taken away from them because they tested positive for drugs. Of course they offer no help, no counseling, no nothing...just punitive measures and criminal treatment that ends up causing more harm than good to the majority of mothers and children.

Not to mention that it's a total and complete lie when they say women who use illegal drugs can't be good parents. [SEE HERE]

The article/study (done in Ireland where drug using mothers are not criminalized like in the U.S.), is a study of the experience of parenting of women who use drugs and the social workers who work with these women, made some important observations. One being that most often poverty predates drug use, with poverty being largely a female experience (see the "Feminization of Poverty", UNESCO). The vast majority of social workers and addiction counselors also reported that poverty has a much greater effect on parenting than a woman's drug use. I can't summarize all the finding here, but I suggest anyone interested take a look at the article.

One other thing I wanted to mention is how the whole crack baby/heroin baby/meth baby hysteria was way overblown; doctors/scientists have now shown that it was based more on lies and propaganda than actual science and fact. A consortium of scientists and doctors in cooperation with a Boston University addiction/drug use project (Join Together) issued a report to media and public as a request to stop using terms such as "crack baby"/"heroin baby"/"meth baby" etc..."; that these terms are not based on scientific fact or truth and that they are harmful to both mothers and children. [SEE HERE]

I've been an activist in harm reduction and the issue of drug use for awhile now, and I can attest to the fact that the drug policy here in the U.S. has done enormous harm in all areas of life...it's definitely an issue that feminists, anti-oppression activists and progressive should be involved in (especially the area of social justice and prison reform...which are very much related to drug policy)

[0+] Author Profile Page conductress replied to meeneecat :

This. I really wish we (by which I mean the US government; I've already got my ducks in a row, thank you very much) would seriously rethink our drug policies and attitudes.

[0+] Author Profile Page platon2043 replied to meeneecat :

Obviously drug abusing mothers fall on a spectrum... some are completely inadequate parents and some do fairly well. But thats really not the issue at hand. The issue is this: does maternal drug abuse during pregnancy or while raising children change outcomes for the worse for both mothers and children? The answer to this question is a resounding YES on both fronts.

They've done studies in Appalachia comparing poor white women who abuse drugs and poor white women who are drug-free. After adjusting for income among other things they found that drug abusing mothers were more likely to have an infant in their care which had failure to thrive, more likely to have infants in their care who had accidents attributable to unsupervised care, more likely to have an infant with spiral fractures consistent with abuse, etc.

All things equal, its clear that drug abuse is harmful for both mothers and babies.

[0+] Author Profile Page Concerned Marsupial said:

I know so many women who have had their child/baby taken away from them because they tested positive for drugs. Of course they offer no help, no counseling, no nothing...

This might depend on where you live, but in my state, there is counseling and drug treatment available as part of reunification services.

it's a total and complete lie when they say women who use illegal drugs can't be good parents. [SEE HERE]

This article is based on surveying the views of social and drug treatment workers on the subject. Those views don't necessarily reflect reality (not to mention the fact that the article says "whether or not parenting and drug use are mutually exclusive activities in the views of professional workers is debatable"), so it's a little premature to talk about "total and complete lies". Besides, who's "they"? If "they" are social workers, how can you be vilifying them in the first paragraph, and use an article about their views to advance your position (even though it doesn't even support it) in the second?

[0+] Author Profile Page throbbing gristle said:

This is a good idea. I was at the supermarket the other day and saw a woman try and sell her baby for crack.

[0+] Author Profile Page Jewel said:

I live in Georgia now, but years ago I founded and ran a rehabilitation treatment center & boarding school in Tennessee. At that time, pregnant women on drugs faced serious consequences (criminal as well as losing their children, as I recall) yet Tennessee offered no help to get pregnant women off drugs. Maternity Homes would not take drug users (with one exception) and drug rehabs were not allowed to take pregnant women unless we ALSO held a maternity home license -- which is the most difficult license to get. Thus the only real solution left to pregnant drug users was abortion.

We got into serious trouble at one point because I took in 3 pregnant drug users. One was a 15yo girl who was placed in my care by a judge, b/c she did not want to abort and was in jail for grand theft auto. One was an adult prostitute we had helped bring off te street, and the other was a kid from Georgia. They had no other options except going back to jail or on the street, and here was Child Protective Services breathing down my throat with "cease and desist orders" because in Tennessee the law stated that any home in which two unrelated pregnant women lived was a maternity home, and we were not licensed as such. I went to my nearest legislator and begged for mercy, and was able to get a bit of leeway.

It's really stupid when a state that is "pro-life" forces women to abort or else go to jail. The solution is obvious -- help these women get off drugs. Spend your money on THAT, not policing who had a miscarriage and when. It doesn't even make sense to punish women for accidental abortions in a state where intentional abortions are legal! What hypocrisy.

I have to agree with platon on the FAS issue. Personally, I would not drink a single glass of wine while I knew I was pregnant. In fact I went many years w/o drinking wine just because I am fertile, and rarely drink anything now although I'm working hard to prevent pregnancy. FAS is never worth it. I had a girl in my care who had no cones in her eyes because of FAS. Can you imagine going through life in a black-and-white world? And without cones you also have no detail vision; this girl was legally blind.

FAS is very sad and 100% preventable. OTOH, the state cannot tell pregnant women not to drink alcohol unless we also make it illegal for men. Because any time you make something illegal for pregnant women, you make it illegal for all women. That's sexism, and the ends do not justify the means.

[0+] Author Profile Page Jewel said:

I live in Georgia now, but years ago I founded and ran a rehabilitation treatment center & boarding school in Tennessee. At that time, pregnant women on drugs faced serious consequences (criminal as well as losing their children, as I recall) yet Tennessee offered no help to get pregnant women off drugs. Maternity Homes would not take drug users (with one exception) and drug rehabs were not allowed to take pregnant women unless we ALSO held a maternity home license -- which is the most difficult license to get. Thus the only real solution left to pregnant drug users was abortion.

We got into serious trouble at one point because I took in 3 pregnant drug users. One was a 15yo girl who was placed in my care by a judge, b/c she did not want to abort and was in jail for grand theft auto. One was an adult prostitute we had helped bring off te street, and the other was a kid from Georgia. They had no other options except going back to jail or on the street, and here was Child Protective Services breathing down my throat with "cease and desist orders" because in Tennessee the law stated that any home in which two unrelated pregnant women lived was a maternity home, and we were not licensed as such. I went to my nearest legislator and begged for mercy, and was able to get a bit of leeway.

It's really stupid when a state that is "pro-life" forces women to abort or else go to jail. The solution is obvious -- help these women get off drugs. Spend your money on THAT, not policing who had a miscarriage and when. It doesn't even make sense to punish women for accidental abortions in a state where intentional abortions are legal! What hypocrisy.

I have to agree with platon on the FAS issue. Personally, I would not drink a single glass of wine while I knew I was pregnant. In fact I went many years w/o drinking wine just because I am fertile, and rarely drink anything now although I'm working hard to prevent pregnancy. FAS is never worth it. I had a girl in my care who had no cones in her eyes because of FAS. Can you imagine going through life in a black-and-white world? And without cones you also have no detail vision; this girl was legally blind.

FAS is very sad and 100% preventable. OTOH, the state cannot tell pregnant women not to drink alcohol unless we also make it illegal for men. Because any time you make something illegal for pregnant women, you make it illegal for all women. That's sexism, and the ends do not justify the means.

[0+] Author Profile Page Jewel said:

I live in Georgia now, but years ago I founded and ran a rehabilitation treatment center & boarding school in Tennessee. At that time, pregnant women on drugs faced serious consequences (criminal as well as losing their children, as I recall) yet Tennessee offered no help to get pregnant women off drugs. Maternity Homes would not take drug users (with one exception) and drug rehabs were not allowed to take pregnant women unless we ALSO held a maternity home license -- which is the most difficult license to get. Thus the only real solution left to pregnant drug users was abortion.

We got into serious trouble at one point because I took in 3 pregnant drug users. One was a 15yo girl who was placed in my care by a judge, b/c she did not want to abort and was in jail for grand theft auto. One was an adult prostitute we had helped bring off te street, and the other was a kid from Georgia. They had no other options except going back to jail or on the street, and here was Child Protective Services breathing down my throat with "cease and desist orders" because in Tennessee the law stated that any home in which two unrelated pregnant women lived was a maternity home, and we were not licensed as such. I went to my nearest legislator and begged for mercy, and was able to get a bit of leeway.

It's really stupid when a state that is "pro-life" forces women to abort or else go to jail. The solution is obvious -- help these women get off drugs. Spend your money on THAT, not policing who had a miscarriage and when. It doesn't even make sense to punish women for accidental abortions in a state where intentional abortions are legal! What hypocrisy.

I have to agree with platon on the FAS issue. Personally, I would not drink a single glass of wine while pregnant. In fact I went many years w/o drinking wine just because I am fertile, and rarely drink anything now although I'm working hard to prevent pregnancy. FAS is never worth it. I had a girl in my care who had no cones in her eyes because of FAS. Can you imagine going through life in a black-and-white world? It's very sad. OTOH, the state cannot tell pregnant women not to drink alcohol unless we also make it illegal for men. Because any time you make something illegal for pregnant women, you make it illegal for all women. That's sexism, and the ends do not justify the means.

[0+] Author Profile Page Jewel said:

Ugh, sorry about the triple post. My computer is driving me crazy!

Aside from the drug/alcohol issue (which is problematic) here's what really bugs me about this bill: It makes it illegal (or at least bad parenting) to disobey one's doctor!

As a homebirther, I do not get prenatal care on a regular schedule. I know what I need and I take VERY good care of my health... but I don't go by a doctor's schedule or get all the tests they want me to get.

#2 is also REALLY terrible. A lot of women don't get early prenatal care for various reasons. And let's be honest, there is very little a doctor can DO for a fetus before 24 weeks. A doctor can detect that a fetus has died but cannot save it from miscarriage. A doctor can do a test revealing the child has a deformity, but cannot fix the deformity.

But what this bill does, is make women who didn't seek early prenatal care afraid to seek late prenatal care. It will force some women to have homebirths who really didn't want to do that, and may have medical reasons why they shouldn't have.

It may even make homebirth itself illegal, depending how it is interpreted. (Who is considered adequate to provide prenatal care?) Tennessee has traditionally been more homebirth-friendly than Georgia, so I'm sad to see this.

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