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It is illegal to use illegal drugs while preg as you are endangering the life of a fetus. I believe the age of the fetus is an issue.
That said, perhaps states don't prosecute since jails are full. I would agree that we don't need to fill jails with these moms (put the dealers and rapists there), but the moms should be forced to pay restitution to the child for any defects or harm that came to them. Wow, wouldn't that be interesting. What if a baby could sue their mom for their case of FAS? It's so sad that these moms are so consumed with drugs/alcholol that they harm their innocent babies.
Yes, it is a crime. I believe if they claim their addiction is a disease, they can get rehab. But it only helps some. Many dropout.
Yet, in California, they do take the babies into protective custody and make mom go through services. I am told that if the mom was lost many before for the same issue, the judge can choose not to offer services anymore.
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