[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.phoenixlawteam.com\/blog\/mothers-charged-child-abuse-for-using-drugs-while-pregnant\/#BlogPosting","mainEntityOfPage":"https:\/\/www.phoenixlawteam.com\/blog\/mothers-charged-child-abuse-for-using-drugs-while-pregnant\/","headline":"Should Mothers Be Charged with Child Abuse for Using Drugs While Pregnant?","name":"Should Mothers Be Charged with Child Abuse for Using Drugs While Pregnant?","description":"A newborn infant\u2019s death nearly 15 years ago is still causing a fierce legislative battle in Arizona and other states around the country. At issue is whether the continued drug use of a newborn\u2019s mother is tantamount to \u201cchild abuse\u201d that would give child protective services workers and law enforcement...","datePublished":"2024-11-29","dateModified":"2025-12-03","author":{"@type":"Person","@id":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam\/#Person","name":"Mushkatel, Gobbato, & Kile, P.L.L.C.","url":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/1e4dc39d74dcc876245d4603866817c2b3e4a9be1d45c3ef67992bd821d77cbb?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/1e4dc39d74dcc876245d4603866817c2b3e4a9be1d45c3ef67992bd821d77cbb?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Mushkatel, Gobbato, & Kile","logo":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","width":459,"height":157}},"image":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2016\/02\/pregnant-women-addicted-to-drugs.jpg","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2016\/02\/pregnant-women-addicted-to-drugs.jpg","height":683,"width":1024},"url":"https:\/\/www.phoenixlawteam.com\/blog\/mothers-charged-child-abuse-for-using-drugs-while-pregnant\/","about":["Criminal Defense","Drug Charges"],"wordCount":1054,"keywords":["birth injury","controlled substance","drug possession","drugs"],"articleBody":"A newborn infant\u2019s death nearly 15 years ago is still causing a fierce legislative battle in Arizona and other states around the country. At issue is whether the continued drug use of a newborn\u2019s mother is tantamount to \u201cchild abuse\u201d that would give child protective services workers and law enforcement officers the ability to remove the child from the mother\u2019s care \u2013 even if the mother is otherwise capable of providing for and caring for her child.Advocates on both sides of the debate clash over whether a child\u2019s welfare is best served by leaving a drug-exposed child with the mother or by removing the child from the mother\u2019s care soon after birth and placing the child with \u201cclean\u201d foster parents.The question is a difficult one without a clear or easy resolution. The\u00a0Phoenix Drug Possession Lawyer at Mushkatel, Gobbato, & Kile, P.L.L.C. make it a point to stay appraised with the latest information and case law so they are best equipped to handle these difficult cases.How Prevalent is Drug Use in Pregnant Women?According to\u00a0National Public Radio, a recent study in the Journal of Perinatology found that approximately six out of every 1,000 babies born in the U.S. in 2012 were born with neonatal abstinence syndrome (NAS), a condition caused by the mother\u2019s use of opiates or other illicit substances during pregnancy.\u00a0 Governmental agencies note that a range of detrimental effects can be seen in children exposed to drugs and\/or alcohol. These include hyperactivity, fussiness, trouble sleeping, dehydration and\/or fever.How Does Arizona Handle Drug Abuse During Pregnancy?Arizona is among the majority of U.S. states that does not criminalize a mother\u2019s drug abuse during pregnancy, according to\u00a0ProPublica. In other words, Arizona does not have a separate law that criminalizes the act of using or abusing drugs while one is pregnant.Also, Arizona does not interpret its existing laws to permit the prosecution of a mother who abuses drugs while she is pregnant. If a pregnant mother is found with drugs or illegal substances found on her person, however, she could still face prosecution on drug possession charges.According to\u00a0Court Appointed Special Advocates\u00a0(CASA) of Arizona, Arizona allows child protective services workers or law enforcement officers to remove a newborn exposed to illegal substances from the home if the child is:Facing imminent danger of abuse or neglectSuffering from a physical or mental condition that requires the diagnosis of a physician or psychologistIf the child sustained a physical injury while living on the premises of a location where drugs are being manufactured.A newborn\u2019s mere exposure to narcotics or other illegal substances or alcohol is not, in and of itself, a sufficiently compelling reason to remove a child from his or her mother\u2019s care, under Arizona law.Additionally, prior to removing the child from the mother\u2019s care, a child protective services worker or law enforcement officer must consider whether mitigating circumstances exist that would justify leaving the child in the mother\u2019s care. These mitigating circumstances include whether the mother is amenable to services or treatment for her addictions or whether social services would enable her to provide an appropriate environment for her child.Currently Tennessee is the only state that has adopted a \u201cfetal assault\u201d criminal statute. The law makes drug use while pregnant a crime.Additionally, South Carolina and Florida have interpreted their existing child abuse statutes to permit child abuse prosecution of a mother who uses drugs while pregnant.What Should States Do About Addicted Infants?Should drug-exposed newborn infants be considered abused and\/or neglected and subject to removal from their mothers? This is a question without a clear \u201cyes\u201d or \u201cno\u201d answer.Proponents of Charging Women For Drug Use During PregnancyAdvocates in favor of designating these newborns as \u201cabused and\/or neglected\u201d argue that state authorities should not have to wait until a child is injured or endangered before they can take action.Advocates might point to a 2003 article published on the\u00a0National Advocates for Pregnant Women website which claims that up to 10 percent, or 8,000 babies, are born in Arizona each year that have been prenatally exposed to drugs and\/or alcohol.They would further argue these babies could be saved from death or serious health problems if government agencies were permitted to intervene quickly and remove the child to a drug- and alcohol-free environment.Opponents\u00a0of Charging Women For Drug Use During PregnancyProponents of this position would also likely suggest that increasing the penalties or consequences for mothers who use drugs while pregnant \u2013 whether these consequences consist of criminal penalties or the threat of having their child removed from their care \u2013 will increase the likelihood that addicted mothers will seek out assistance from treatment facilities.On the other hand, opponents might argue that separating a child from a drug-dependent but otherwise capable mother would do more harm than good. Opponents may also wish to cite evidence contained in the National Public Radio article cited above, which found that the existence of criminal sanctions or other penalties for using drugs while pregnant does not increase the number of pregnant women or new mothers who seek treatment.Those with strong feelings one way or another are encouraged to share their views on social media and by contacting the appropriate advocacy groups. Contacting your local state representative and\/or senators can also help to ensure the laws you wish to see passed are advanced through the state legislature.Seek Experienced Assistance if You Are Facing Drug Possession ChargesIf you are facing drug possession charges in Arizona, you need the assistance of a knowledgeable and aggressive Arizona criminal defense attorney. A drug-related conviction can lead to fines, incarceration, and potentially the loss of one\u2019s child (if other factors are present). Contact the criminal defense lawyers of Mushkatel, Gobbato, & Kile, P.L.L.C. right away for help with your charges.We aggressively protect the rights of our clients in Phoenix, Scottsdale, Sun City, Peoria, and surrounding communities in Arizona. Our goal will be to pursue the best outcome possible for you and your family in your criminal case. Simply reach us by phone or contact us online\u00a0today.Visit Our Sun City Criminal Defense Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.phoenixlawteam.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Should Mothers Be Charged with Child Abuse for Using Drugs While Pregnant?","item":"https:\/\/www.phoenixlawteam.com\/blog\/mothers-charged-child-abuse-for-using-drugs-while-pregnant\/#breadcrumbitem"}]}]