Tennessee mom becomes first charged under law targeting prenatal drug use

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http://www.bluelight.org/vb/threads/729040-Tennessee-mom-becomes-first-charged-under-law-targeting-prenatal-drug-use?p=12475802#post12475802


neversickanymore View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 10,307 13-07-2014 10:39 Tennessee mom becomes first charged under law targeting prenatal drug use
07/11/14
By Meredith Clark

A 26-year-old Tennessee woman has become the first mother to be charged under a state law that criminalizes all drug use by pregnant women.

Mallory Loyola was arrested and charged Tuesday with simple assault after she and the baby girl she gave birth to on July 6 both tested positive for meth, the Monroe County Sheriff’s Office confirmed to msnbc Friday.

Loyola told police she smoked the drug a few days before she gave birth. The misdemeanor charge carries a maximum sentence of one year.

Tennessee became the first state in the nation to allow charges to be brought against new mothers for using drugs while pregnant. Republican Gov. Bill Haslam signed the bill in April.

Civil liberties advocates have opposed laws like Tennessee’s, saying that spreading them throughout the country would create a “public health disaster” for women and children, most of them poor.

The American Civil Liberties Union of Tennessee issued a call for plaintiffs in order to challenge the law following Loyola’s arrest. Thomas Castelli, legal director of the ACLU of Tennessee, said in a statement, “This dangerous law unconstitutionally singles out new mothers struggling with addiction for criminal assault charges.”

No other states in the U.S. explicitly allow prosecutors to charge mothers for using drugs while pregnant, but 17 states consider it a child welfare offense. Courts in South Carolina and Alabama have both ruled that criminal statutes can be applied to pregnant women who use drugs.

And, according to a recent report by RH Reality Check, mothers in states that have recently legalized the recreational use of marijuana can also face child-endangerment charges, even if there is no harm to the child.

“A woman may be prosecuted for an assault offense for the illegal use of a narcotic drug while pregnant, if her child is born addicted to or harmed by the narcotic drug and the addiction or harm is a result of her illegal use of a narcotic drug taken while pregnant,” the law Tennessee states. The new law took effect on July 1.

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If the health of the child is not enough to keep a mother away from the drugs, why would this charge. Then are the babies taken away and placed in foster care, an awful system that leaves the half of its "beneficiaries" homeless eventually, Thats just the start of the bad news.


Nearly half of foster children in the U.S. become homeless when they turn 18
Three out of 10 of the United States homeless are former foster children
Former child welfare clients were in year of birth and sex standardised risk ratios (RRs) four to five times more likely than peers in the general population to have been hospitalised for suicide attempts
Source


So tell me why are we charging mothers and locking them up and/or taking their children away instead of treating them and keeping mother and child together? Can't be for the welfare of either. RECOVERY FORUMS ~~~ADDICTION GUIDE~~~ CONTACT ME

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#2 Captain.Heroin View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Blog Entries24 13-07-2014 11:12 Taking meth while pregnant is a really bad idea.

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#3 One Thousand Words View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 8,191 13-07-2014 11:24 So tell me why are we charging mothers and locking them up and/or taking their children away instead of treating them and keeping mother and child together? Can't be for the welfare of either.
Until such time as we introduce a test and licensing system for parenting, the best we have is identifying mothers who can't put their child's welfare aside for 9 months (plus anytime breast feeding) and stop using drugs.

You can't be a successful parent if you are selfish.

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#4 neversickanymore View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 10,307 13-07-2014 11:34 ^Right.. but jailing the addict and sending the kido to almost certain failure and misery does not seem like it accomplishes anything positive. RECOVERY FORUMS ~~~ADDICTION GUIDE~~~ CONTACT ME

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#5 One Thousand Words View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 8,191 13-07-2014 11:45 Won't necessarily condemn the kid to a short life time of misery either. Who wins when that child winds up stiff and blue before the age of 5?

I'm a big advocate of keeping kids with parents too but the mother only had to pass one simple parenting test and unfortunately she failed.

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#6 toothpastedog View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact Send Email
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Blog Entries21 13-07-2014 14:31 I wonder if the woman in question was poor? If the people affected most by this law will be poor? Rural? Urban? White? Of color?

Can't see this being an issue for people with means in any case, and it's not just because they're more likely to have access to things like good contraception/birth control and health care, not to mention money for an attorney and an ability to avoid the welfare system altogether.

They should all move to SF anyways.

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#7 pmoseman View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 1,293 14-07-2014 11:57 Originally Posted by toothpastedog
I wonder if the woman in question was poor? If the people affected most by this law will be poor? Rural? Urban? White? Of color?

Can't see this being an issue for people with means in any case, and it's not just because they're more likely to have access to things like good contraception/birth control and health care, not to mention money for an attorney and an ability to avoid the welfare system altogether.

They should all move to SF anyways.
It is an affirmative defense to a prosecution permitted by this amendment [assault] that the woman actively enrolled in an addiction recovery program before the child is born, remained in the program after delivery, and successfully completed the program, regardless of whether the child was born addicted to or harmed by the narcotic drug.

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#8 S.J.P. View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact Send Email
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Posts 760 14-07-2014 12:41 The text of the bill:


However, nothing in the section shall preclude prosecution of a woman for an
assaultive offense for the illegal use of a narcotic drug while pregnant, if her child is born
addicted to or harmed by the narcotic drug or for criminal homicide if her child dies as a
result of her illegal use of a narcotic drug taken while pregnant.
Well, the idea that an infant can be born "addicted" to a drug is ludicrous and I don't see how the prosecutor could prove that the child was harmed by the mother's drug use in this case. She ought to be acquitted.

Taking meth while pregnant is a bad idea but so is smoking cigarettes, and drinking alcohol is much worse. But of course the law doesn't target smokers or drinkers.

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#9 pmoseman View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 1,293 14-07-2014 13:55 In a world where marijuana stops brain development and newborns suffer opiate withdrawl, I am sure meth is harmless to your little zergling.
A good point about alcohol syndrome, though, but then why would it not include caffeine and raw fish?

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#10 my3rdeye View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 929 14-07-2014 18:03 Originally Posted by toothpastedog
I wonder if the woman in question was poor? If the people affected most by this law will be poor? Rural? Urban? White? Of color?

They should all move to SF anyways.
She was white. The crack baby laws of the 80's were used as a tool genocide against minorities so they made the first victim of this law a white meth head.
It probably doesn't even hurt baby, cocaine is no worse than coffee for fetus. Why aren't tobacco smoking mothers locked up? That hurts baby too.

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#11 toothpastedog View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact Send Email
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Blog Entries21 14-07-2014 18:04 Lots of rural as well as urban poor white folk are wrapped up in this much like an other more stereotypically understood minority (ironic how the true minority is the rich white man is, considering the meaning of the word...). Poor white folks can be no less black than a minority. Thanks for that though, I'm honestly not to surprised to learn.


Originally Posted by pmoseman
It is an affirmative defense to a prosecution permitted by this amendment [assault] that the woman actively enrolled in an addiction recovery program before the child is born, remained in the program after delivery, and successfully completed the program, regardless of whether the child was born addicted to or harmed by the narcotic drug.
Okay, so I wonder who has the most ready access to such comprehensive treatment. This law in and of itself is a joke, at least until we live in a society where whole populations are actively, systematically and arbitrarily disenfranchised. Last edited by toothpastedog; 14-07-2014 at 18:12.

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#12 One Thousand Words View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 8,191 14-07-2014 18:09 Originally Posted by my3rdeye
She was white. The crack baby laws of the 80's were used as a tool genocide against minorities so they made the first victim of this law a white meth head.
It probably doesn't even hurt baby, cocaine is no worse than coffee for fetus. Why aren't tobacco smoking mothers locked up? That hurts baby too.
I'd lock up smokers too. As well as the mothers who refuse to read to their kids

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#13 toothpastedog View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact Send Email
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Blog Entries21 14-07-2014 18:15 Hey consistency is important! Totally agree with this though:


Originally Posted by One Thousand Words
I'd lock up mothers who refuse to read to their kids.
fathers too

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#14 One Thousand Words View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 8,191 14-07-2014 18:23 A fathers job is rough and tumble not reading. Plus giving permission for shenanigans the mother doesn't allow

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#15 toothpastedog View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact Send Email
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Blog Entries21 14-07-2014 18:28 I'm not too concerned, but I guess my mother and father kinda fucked me up, with both of them reading to me/singing to me when they could when I was very small. I wonder, will my little one have such a vivid memory of this. At least my singing will always be a joke next to my pops. Father's job is definitely rough and tumble and permission for shens tho, for sure companera

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#16 neversickanymore View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 10,307 Yesterday 01:40 Originally Posted by One Thousand Words
A fathers job is rough and tumble not reading.
Your kinda a caveman sometimes OTW.

I read to my kido all the time, but I also do the tough and tumble and the executive descion to do crazy stuff. RECOVERY FORUMS ~~~ADDICTION GUIDE~~~ CONTACT ME

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#17 One Thousand Words View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 8,191 Yesterday 02:48 Your sarcasm meter need readjusting. Of course I read to my kids.

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#18 toothpastedog View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact Send Email
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Blog Entries21 Yesterday 02:59 And a perfect example of why sleep is good for one! jeez, I'm so much better off with more than 3hrs of sleep a night. God my internal clock has gotten fucked up, bt, yea, sorry for the digression

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#19 pmoseman View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 1,293 Yesterday 03:33 Originally Posted by toothpastedog
I'm not too concerned, but I guess my mother and father kinda fucked me up, with both of them reading to me/singing to me when they could when I was very small. I wonder, will my little one have such a vivid memory of this. At least my singing will always be a joke next to my pops. Father's job is definitely rough and tumble and permission for shens tho, for sure companera
More than simple memories.

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#20 slimvictor View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 6,335 Yesterday 08:37 Taking meth while pregnant is a clear sign that the mother is incapable of putting the child first.
It is stupid and selfish and shows where her priorities are.
But jail seems like a worse choice than treatment and education.
(At least, for the first offense. Repeat offenders can suck it, afaic.)

As for reading to kids:
I read to my kids like my life depends on it. (Yes, I am a father.)
Always have.
I read them children's poetry, lots of Shel Silverstein, plus some Emily Dickinson, L. Hughes, and other adult poetry that is packaged "for children",
I read the shit out of children's books, especially Dr. Seuss, but I have also read them adult books that are simplified for second-language learners, like I, Robot (Asimov), E.A. Poe, lots of Mark Twain, A Christmas Carol, The Elephant Man, Alice in Wonderland...
Lots of Roald Dahl. Lots and lots.
Of course many books that make math and science fun. "Mathemagicians", etc.
And illustrated versions of everything make it easier for them. Greek myths, The Odyssey, The Tempest (Shakespeare)...
And always finish off with some Calvin and Hobbes before bed.
I feel that this is the greatest gift that I can give them.


Originally Posted by One Thousand Words
I'd lock up smokers too. As well as the mothers who refuse to read to their kids
I wonder if the first part of this is also sarcastic?
I do think it is pretty fucked up when parents are smoking right next to their kids, especially in a closed space.
But I would prefer education to jail... DiTM Guidelines DiTM Videos Thread BLUA

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#21 slimvictor View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact
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Posts 6,335 Yesterday 08:39 Originally Posted by toothpastedog
I'm not too concerned, but I guess my mother and father kinda fucked me up, with both of them reading to me/singing to me when they could when I was very small. I wonder, will my little one have such a vivid memory of this. At least my singing will always be a joke next to my pops. Father's job is definitely rough and tumble and permission for shens tho, for sure companera
That does not sound like being fucked up.
It sounds like being deeply loved. DiTM Guidelines DiTM Videos Thread BLUA

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#22 toothpastedog View Profile View Forum Posts Private Message View Blog Entries View Articles Add as Contact Send Email
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Blog Entries21 Yesterday 09:45 Tennessee Arrests Its First Woman Under its New Pregnancy Criminalization Law
They're locking women up for drug use instead of getting them the health care they need.


Originally Posted by April M. Short | 7/11/14
Two days after she gave birth to a healthy baby, 26-year-old Mallory Loyola of Tennessee was arrested. She was the first person to be charged under a law that went into place last week, which criminalizes women for narcotic drug use while pregnant. Tennesse's is the first U.S. law to directly criminalize pregnant women for their actions while pregnant, and has been widely criticized. The frightening implication of the law for women is that once one of your eggs is fertilized—accidentally or not, and whether you’re aware you’re pregnant or not—there goes your right to medical privacy.

“Our state chooses to waste tax dollars locking up women instead of getting them the health care they need,” Rebecca Terrell, chair of Healthy and Free Tennessee [3], told ThinkProgress via email according to a recent article [4]. “We are already receiving reports of women seeking out non-licensed health providers to avoid having a medical record and risking arrest. This is extremely dangerous.”

Healthy and Free Tennessee is a vocal opponent of the law, which states that “a woman may be prosecuted for assault for the illegal use of a narcotic drug while pregnant, if her child is born addicted to or harmed by the narcotic drug.”

The local news has reported that methamphetamines showed up in Loyola’s blood, but no narcotics to speak of, so it is possible that she will not be prosecuted.

As the ThinkProgress article notes, “this [new law] may not actually apply to Loyola’s case. So far, there’s no evidence the young woman either used a narcotic drug or caused harm to her newborn child.”

Lynn Paltrow is executive director of National Advocates for Pregnant Women (NAPW), is against the criminalization of pregnant women who use drugs. She toldThinkProgress:

“This law was sold as if it were just about illegal narcotics. But sure enough, the first case has nothing to do with illegal narcotics — and nothing actually to do with harm to anybody. There’s no injury. There’s just a positive drug test.”

There is no scientific evidence [5] that a mother’s use of illegal drugs while pregnant has serious long term effects on the child, as ThinkProgressreported. “In fact, studies have found that exposing fetuses to cocaine, meth, and opiates is about as harmful [6] as exposing them to cigarettes.”

Tennessee’s American Civil Liberties Union is challenging the new law, which targets low-income women of color disproportionately.

“The vast majority [7] of cases that NAPW has tracked involve African American mothers,” ThinkProgressreported.

As Paltrow points out, pregnancy should be treated as a health issue, not a criminal one.

“All matters concerning pregnancy are health care matters,” she said to ThinkProgress. “Pregnancy, like other health issues, should be addressed through the public health system and not through the criminal punishment system or the civil child welfare system."
http://www.alternet.org/drugs/outrag...nalization-law

[3] http://healthyandfreetn.org/
[4] http://thinkprogress.org/health/2014...iminalization/
[5] http://thinkprogress.org/health/2014...lbirth-prison/
[6] http://www.lorennwalker.com/articles...y_article.html
[7] http://www.advocatesforpregnantwomen...es_and_issues/

(emphasis added) post 2112 woot

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#23 CLICKHEREx View Profile View Forum Posts Private Message View Blog Entries View Articles
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Posts 105 Today 12:46

Many drug using pregnant women will, as a direct result of such legislation, avoid pre-natal care, and even have home births, to avoid intrusion by the state into their lives.

What if women test positive for alcohol, or nicotine; will they also be prosecuted, because those drugs are also harmful to the developing foetus?

Edited July 16, 2014 by CLICKHEREx