Drug Use While Pregnant Can Constitute Child Abuse, Court Rules
The ruling reversed a decision by the Clinton County Juvenile Division, which said the Child Protective Services Law does not allow a mother's action to be considered child abuse if the child was a fetus.
December 28, 2017 at 12:54 PM
3 minute read
Photo: Wikimedia Commons
A woman's decision to take drugs while pregnant can constitute child abuse if it causes bodily injury to the infant after birth, a state appellate court has ruled, addressing a first impression issue.
A three-judge panel of the Pennsylvania Superior Court ruled Wednesday that a woman who tested positive for marijuana and opiates after giving birth could be found to have committed child abuse if the child suffered harm as a result of the drug use. The ruling reversed a decision by the Clinton County Juvenile Division, which said the Child Protective Services Law does not allow a mother's action to be considered child abuse if they were undertaken while the child was a fetus.
Superior Court Judge H. Geoffrey Moulton, who wrote the majority's opinion, agreed with the argument that a fetus or “unborn child” does not meet the definition of a “child” under the law, but he said that, once the infant is born, it clearly fits within the definition of the law.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5First Lawsuit Filed Alleging Contraceptive Depo-Provera Caused Brain Tumor
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250