Pregnant/Postpartum Women and Treatment

Laws around criminalized substances and substance use vary not only from country to country but also, in the United States, from state to state, particularly those laws pertaining to marijuana. Enforcement can vary even more from county to county, township to township, and even individual to individual. This variation is perhaps most apparent when working with pregnant and postpartum women.

Throughout the country, women who are pregnant and have tested positive for a substance face varying consequences. Some may be arrested, while others will meet with a social worker from Children and Family Services immediately following delivery. The latter undergo investigation and receive services such as referrals to treatment, for example.

For social workers, these women and their families can be challenging cases. The policies and limited resources as well as the client’s resistance and needs create a complex foundation for service.

Policy
To best understand the regulations around substance use and pregnant women, social workers must first understand that there are no regulations regarding testing for substance use. “In none of the laws is there mandatory testing,” says Lynn Paltrow, JD, executive director of National Advocates for Pregnant Women, an organization seeking to protect the rights of pregnant women through legal advocacy, organization, and public education. “Who gets tested is discretionary. [However,] there are a number of studies and investigative journalism that show that the people targeted for testing are of low income and color.”

With no consistency in testing rules, it’s no surprise that subsequent actions are equally as varied. The most extreme responses occur in South Carolina and Alabama, where the women can be arrested, Paltrow explains, citing the state’s child endangerment laws. “The Alabama Supreme Court decided that the word ‘child’ extends to fertilized egg,” she says.

http://www.khi.org/news/2014/apr/24/advocacy-group-launches-campaign-reduce-child-abus/