[excited2adoptsoon]

I am so confused and angry. My fosterdaughter's mom has admitted and been tested (along with baby) that she used meth the day prior to my FD being born. The only thing that has been brought up with her meth in terms of reunification is that she must go through drug treatment and get tested.

I asked a few social workers why she won't be charged legally for using meth. I keep getting the same response from everyone "there's no law against her using while pregnant", what?????? Isn't there a law you can't use meth at all??

I would greatly appreciate if someone can explain this to me. Thanks so much.

[kishkan]

The reason is that there is no evidence. You can be charged if under the influence, in possession, if on probation or parole. It would cost the government way to much money to charge every person who has illegal drugs in their system and would be difficult to get convictions on so little evidence. Amphetamines come in many different forms, some legal some not.

[excited2adoptsoon]

So my baby being tested positive for meth is not evidence? Sorry if that sounds crazy...I'm honestly just so confused.

[JPDakota]

I'm no expert but here's what I understand. Yes it is illegal to use meth. It is also illegal to buy meth. What isn't illegal is exposing a child in the womb to meth. The child isn't a person until born. At least, in the state I was a CASA in that's what they said. I think the mother could be charged with a misdemeanor drug use charge. Pretty rare that the police would pursue that, though. Slap on the wrist kind of thing. There isn't any "extra" crime for exposing the baby. Makes me sick to my stomach.

[craftingmama]

hey, my cousin was in a car that had drugs in it that was pulled over at 7 months pregnant. she told the officer they were hers though supposedly they were the boyfriends. no arrest was made and she was allowed to keep her baby. oh yeah, she lost three children the year before that for drug use, but no matter, she's parenting this one now. @@

[RavenSong]

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.

[irelady10]

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.

I sooo agree with you, Ravensong! There was a post on here awhile ago about laws you wish there were...I wish there was a law that forced women who were pregnant and using to be sent to rehabs until the baby's birth to protect these little innocent babes!

[takingtheplunge]

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.

[ToniaPrice]

I am from Indiana. What I have heard is they don't want to arrest these mothers that have just given birth. Because they don't want these women afraid to come to the hospital and deliver their babies. They think if they will be arrested they wont come to the hospital and end up having the babies god knows where. So I think it is better they dont get arrested and the babies are born in a safe place.

Tonia