I’m Pregnant and Addicted To Heroin: Can I Go To Jail?

I’m Pregnant and Addicted To Heroin: Can I Go To Jail?
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“The same states that arrest an addicted pregnant woman and charge her with child endangerment also allow abortion.

So, let’s see… it’s not a baby if you want to terminate the pregnancy (because it is your body after all) but it IS a baby if you are misusing drugs during the pregnancy.”

Now, don’t get me wrong. I am as pro-life as they come. I believe every child has the right to a healthy, happy, safe, and protected life, whether in the womb or outside, but I do find the blatant inconsistencies here something worth mentioning.

Is Opiate Addiction During Pregnancy A Problem?

Actually, all types of substance abuse is a problem, but opiate / opioid abuse has skyrocketed over the past decade, so we’re going to talk about that today.

I am a recovery advocate and a peer counselor. That means I regularly speak to individuals struggling with alcohol and drug addiction, as well as their families. Below is a Facebook Message I received earlier this year (2017):

I wish I could say it was not the norm and I was shocked when I received it, but the truth is I have had this conversation before.

Every 25 minutes a baby is born suffering from opioid withdrawal.” This startling statistic is calculated from the latest report by the National Institute on Drug Abuse (NIDA)

When a mother uses opiates during her pregnancy, it often results in the newborn being born suffering from withdrawal syndrome. This is called neonatal abstinence syndrome, or NAS.

What is the Solution to NAS?

On the website debate.org, the question was asked, “Should pregnant women who use drugs be prosecuted?” The vote is almost split down the middle with 56% saying, “Yes, pregnant and addicted moms should be prosecuted,” and 44% voting no.

Just browsing through the comments I saw these:

“It only makes sense If a mother is to harm her child, within or outside of the womb, she needs to be prosecuted for illegal child abuse/neglect.”

“Women who are horrible enough to put their child through the kind of horror that will follow them to the rest of their lives should be held responsible.”

“Yes pregnant women using illegal drug should be punished more than anybody else. Because they deliberately ruined the life of an innocent.”

Regardless of a person’s gut reaction, which can be extremely heated due to the sensitive nature of the topic, once the variables are considered it becomes apparent that there are numerous layers involved.

Bottom line? And please hear me out on this. A woman gripped in the bondage of addiction needs help, not handcuffs. She needs treatment options, education, support and encouragement. She already knows she is making a mess of her life and with every passing day she is putting her baby at an ever increasing risk. In many instances she is overwhelmed with questions and fear. The thought of potential incarceration can push her away from prenatal care and in some cases cause women to give birth at home, in their cars, or other unsafe environments.

If Not Handcuffs, Then What?

Prisons are not addiction treatment centers; nor are they equipped for prenatal care. In 2015, Rewire Magazine published an extensive article covering the reviews of more than 200 lawsuits involving women who were incarcerated due to addiction. Rewire found that drug treatment for incarcerated women is inconsistent and inadequate—and in some incidents, it is fatal.

A report by the Bureau of Justice Statistics indicates that between 2000 and 2011, female jail inmates were nearly twice as likely as males to die of drug or alcohol detoxification while in custody.

Should Pregnant Women Struggling With Addiction Lose Custody of Their Newborn Baby?

Another concern that pushes a woman who is pregnant and addicted underground is the fear of losing her child.

I have personally witnessed the miracle of quality drug treatment again and again and see young mothers remaining clean and sober when they receive the help and support they need during or after pregnancy. These are women who love their children. Many of them were thrilled when they discovered they were pregnant, even if the pregnancy was unplanned. Yes, they have substance abuse problems, but with the proper help their children can be born into loving and stable homes.

Prosecution and prohibition methods are not successful as measured historically. Shame and punishment only make lasting change that much more difficult. Research also suggests that a mother losing custody often leaves her child even worse off. In far too many cases, the child welfare system exposes children to additional trauma, neglect and abuse.

Foster care, although paved with good intentions, is often not the safe landing place for children that it should be. Almost fifty percent of children who grow up in foster care report at least one experience of abuse or neglect in their placements. This includes sexual abuse, physical abuse, neglect and emotional abuse.

What is The Solution?

According to the American Congress of Obstetricians and Gynecologists, a physicians’ advocacy group, a pregnant woman’s best chance at a healthy birth comes from “obtaining prenatal care, staying connected to the health care system, and being able to speak openly with a physician about drug problems, if there are any.”

Gracious Care Recovery Solutions of Deerfield Beach, Florida is one of the leaders in the addiction recovery industry, offering quality treatment for pregnant women struggling with addiction.

“We saw the need, and are well aware of the shortage of treatment facilities offering solutions for pregnant women,” says Danielle Rebuck of Gracious Care Recovery Solutions. Danielle is also a Certified Sacred Doula. “We are excited about the excellent level of care and long term solutions we offer women who are struggling with addiction while choosing to keep their baby. Along with our highly successful treatment program, we have partnered with Labor of Love Foundation to educate our clients and provide complete support throughout their pregnancy.”

The crisis is very real, but with continued community education we can put an end to punishment for pregnant women caught up in addiction, and instead offer the life changing help these families truly need.

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