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It really varies state to state. We have a horrible crystal methamphetamine problem here in California. The statistics of all newborns testing positive for crystal meth is absolutely astounding here.
There have been a number of cases in the past 10 years or so here in California where new moms were charged with felony child abuse and felonly child endangerment after their newborn infants tested positive for meth. Prosecution is still fairly rare, though. I think the women who get arrested after childbirth have refused all professional help to get clean during their pregnancies. And I imagine that most of them are repeat offenders.
Personally, I don't think jail is the answer. But I do wholeheartedly support involuntary commitment to inpatient rehab centers. Sometimes I think we should have halfway houses or sober living environments for women who have extensive drug histories and are pregnant. They could get tested every few days by the "houseparents", but still go to work or school.
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 ~~Raven~~
What does not kill me, makes me stronger. ~ Friedrich Nietzsche, Twilight of the Idols, 1888, German Philosopher (1844-1900)
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