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Chronicle AM -- March 18, 2014

Federal drug prosecutions are declining, marijuana legalization moves forward in the Northeast, Pennsylvania counties pay for taking babies away from mothers over false positive drug tests, and more. Let's get to it:

Declining federal drug prosecutions could have an impact here. (supremecourt.gov)
Marijuana Policy

New Hampshire Legalization Bill Moves Forward. A bill to legalize and regulate marijuana like alcohol has passed out of the House Ways and Means Committee after the committee adopted an amendment to simplify the tax structure and improve regulations. House Bill 492 then got a "no pass" from the committee, but now goes to the House floor for a second vote. The House already approved the bill in January, after overturning a similarly negative recommendation from the Criminal Justice and Public Safety Committee. If it passes the House again, it then goes to the Senate.

New Jersey Legalization Initiative Bill Introduced. Assemblymen Reed Gusciora (D-Trenton) and Michael Patrick Carroll (R-Morris Plains) have introduced Assembly Bill 2842, a bill that, if approved by the legislature and signed by the governor, would put the decision on whether to legalize marijuana in the hands of the voters. The bill would legalize the possession of up to an ounce of marijuana and related paraphernalia. It does not address taxation or allow for commercial sales.

Medical Marijuana

Maryland House Passes Medical Marijuana Bill. The House Monday overwhelmingly approved a bill that would make Maryland a full-fledged medical marijuana state. House Bill 1321 now moves to the Senate.

Drug Testing

Pennsylvania County Pays for Taking Baby from Birth Mother Over False Positive Drug Test. Lawrence County Children and Youth Services has settled, for $160,000, a lawsuit filed by a woman whose child was taken away following a false positive opiate test apparently caused by pasta salad. It's not the first time, either. Last July, Jameson Hospital and Lawrence County Children and Youth Services agreed to pay $143,500 to settle a similar lawsuit filed by a woman whose infant was taken by a false positive drug test apparently caused by consumption of a poppy seed bagel. A third local case is also pending. Last week, another woman Magee-Womens Hospital of UPMC, saying a false positive drug test apparently spurred by poppy seeds in farmer's market bread resulted in an Allegheny County Children Youth and Families investigation of her family.

Drug Policy

Maine Hearing Sees Criticism of Governor's Law Enforcement-Heavy Drug Policy. The legislature's Criminal Justice and Public Safety Committee Monday heard strong criticism of Gov. Paul LePage's (R) recently announced plan to address drug problems in the state by ratcheting up law enforcement. Throughout the hearing on Legislative Document 1811, speakers also highlighted the need to balance new enforcement with drug treatment programs and additional funding for the state's corrections system.

Law Enforcement

Federal Drug Prosecutions Declining. The Transactional Records Access Clearinghouse reports that the monthly count of federal prosecutions for narcotics/drugs offenses has reached its lowest level since May 2000. The latest available data from the Justice Department show there were 1,487 new prosecutions in this category in January 2014, down 7.8% from the previous month and down 11.5% from the year before. The number observed during the most recent six month period appears to be the lowest seen since the end of the Reagan Administration.

New Synthetic Drugs

Minnesota Synthetic Drug Bills Moving. Bills that would grant the Board of Pharmacy the cease and desist authority to prevent the sale of synthetic drugs are moving forward in the Minnesota Legislature. House File 2446 has passed two committees and is now being heard in the Judiciary Finance and Policy Committee In the Senate, a companion bill was heard in the Health, Human Services and Housing Committee and passed on a voice vote. It now moves on to the Judiciary Committee.

International

Mexican Anti-Cartel Vigilantes Now Complain Government is Persecuting Them. Vigilante groups in the western state of Michoacan who rose up against the Knights Templar cartel with the tacit approval of the Mexican government now say they are being persecuted not only by criminals, but also by the government. The vigilantes complained publicly Sunday, a day after the Mexican government said it was going to "put a stop" to them. The government had bruited plans to fold them into a rural security force, but now no longer seems to need them.

Chronicle AM -- November 29, 2013

Uruguay's marijuana legalization bill passes another hurdle, a Berlin borough wants cannabis cafes, Chicago proposes tough medical marijuana regulations, Kentucky officials hound the DEA about hemp, and more. Let's get to it:

Is this the face of marijuana legalization? Uruguayan President Jose Mujica (wikimedia.org)
Medical Marijuana

Chicago Proposes Strict Medical Marijuana Regulations. Chicago officials have proposed regulations that would allow medical marijuana dispensaries and grows only in manufacturing districts, would limit the number of grows to 22, and would require that dispensaries and grows be at least 2,500 feet from a school, day care center, or residential area. Medical marijuana becomes legal in Illinois on January 1.

Michigan Appeals Court to Hear Cases on Unemployment Benefits. The Michigan Appeals Court has agreed to hear two cases to determine whether someone fired for using medical marijuana can collect unemployment benefits. Lower court judges have overturned state agency rulings denying the benefits, but medical marijuana foe Attorney General Bill Schuette argues that the law only protects people from criminal prosecutions, not civil penalties.

Hemp

Kentucky Officials Send Letter to DEA Requesting Clarification on Hemp. Kentucky officials have sent a letter to the DEA asking for clarification of its position on industrial hemp. Agriculture Commissioner James Comer, US Sen. Rand Paul (R), and US Reps. John Yarmouth and Thomas Massie want the agency to tell them whether growing hemp in states that have enacted a regulatory framework remains illegal. They point to the federal government's response to marijuana legalization and argue that hemp should be treated the same way.

Drug Testing

Idaho Supreme Court Upholds Drug Possession Conviction Based Solely on Drug Test. Idaho's high court Tuesday upheld the conviction of a woman charged with drug possession after blood from her newborn child's umbilical cord tested positive for methadone. The court held unanimously that the drug test result was probable cause to support a possession conviction.

International

Uruguay Marijuana Legalization Bill Wins Senate Committee Vote. Uruguay is one step closer to becoming the first country to legalize the marijuana trade after the Senate Health Commission voted Thursday to approve the bill. The government-supported legislation has already passed the lower house and is expected to win final approval in the Senate next month.

Cannabis Cafes Coming to Berlin? Legislators in the hip Berlin borough of Friedrichschain-Kruezberg voted Thursday to approve cannabis coffee shops there. The move is the brainchild of Green Party Mayor Monika Hermann, who proposed it in September. Now, the borough must get the German federal government to agree. Under Article 3 of the German Narcotics Act, sufficient public interest could lead to law changes, provided there is public support and backing scientific evidence.

European Cancer Docs Say Restrictive Laws Aimed at Drug Abuse Block Millions from Pain Relief. The European Society for Medical Oncology warned that half the world's population lacks effective access to pain relievers because of restrictive laws aimed at reducing drug abuse. The group's Global Opioid Policy Initiative survey estimated that millions of cancer patients don't have access to seven cheap medicines essential for pain relief, including morphine and codeine. Access to such drugs "is catastrophically difficult" in many countries, the report's lead author said.

British Tories, Lib Dems At Odds Over Drug Policy. Britain's governing coalition is at odds with itself over drug policy after the new Liberal Democrat drugs minister, Norman Baker, said earlier this week that marijuana legalization "should be considered." That caused Conservative front-bencher and Justice Minister Chris Grayling to clarify that he and the Home Office "won't be considering it."

Northern Nigeria Alcohol Crackdown Sees 240,000 Bottles of Beer Destroyed. In attempt to deepen a sharia law ban on alcohol imposed in 2001, but largely ignored in hotels and the city's Christian quarter, Islamic police in the northern city of Kano destroyed 240,000 bottles of beer. They chanted "God is great" as they did so, and the head of the religious police warned that they will put an end to alcohol consumption. Multiple bombings of bars in the Christian quarter in late July carried out by suspected Islamic militants who complained the government wasn't enforcing sharia law adequately left 29 dead.

Peru Eradicates Record Amount of Coca. Peru, once again the world's largest coca and cocaine producer, announced Thursday that it had eradicated a record 55,000 acres of coca, about one-fifth of the total estimated 250,000-acre crop. That's a 60% increase in eradication over last year. The government said the increase was due to tougher anti-drug efforts and a weakening of the Shining Path in coca growing areas.

Israel Medical Marijuana Use up 30% This Year. Medical marijuana use is up sharply this year in Israel, according to the Health Ministry, which released figures showing 13,000 patients were approved to us it this year, up from 10,000 last year. The increase comes as the government is working on a new proposal to regulate medical marijuana. The Health, Agriculture, and Public Security ministries are expected to present it within the next couple of weeks.

Chronicle AM -- November 25, 2013

Drug reform funder Peter Lewis dies, the Oregon legislature will consider a legalization initiative bill, medical marijuana patients are suing Health Canada, and more. Let's get to it:

"Warning! Your Family is in Danger!" anti-legalization poster courtesy of the Mexican government (cij.gob.mx)
Marijuana Policy

Oregon Legislature to Consider Voter-Approved Marijuana Legalization Bill. State Sen. Floyd Prozanski (D-Eugene), head of the Senate Judiciary Committee, unveiled a draft bill Friday that would ask voters in the November 2014 election to approve marijuana legalization. If they did, the legislature would be charging with coming up with regulations in 2015. If the draft bill fails to move in the legislature, activists are already working on a separate 2014 legalization initiative.

Outdoor Anniversary Pot Party Approved for Seattle Center.The city of Seattle has approved a permit for a multi-hundred person pot party to mark the first anniversary of legal weed in the state. The event will take place at Seattle Center on December 6 and will include a permitted outdoor marijuana-smoking area.

Denver City Council Debating Marijuana Smoking Restrictions. The Denver city council is today holding a public hearing on an ordinance regulating marijuana smoking on private property. The council is about evenly divided between members who want to ban pot-smoking visible from the street or sidewalks and those who don't. Marijuana Policy Project spokesman and Amendment 64 proponent Mason Tvert held a protest on his balcony this morning where he publicly -- and legally -- consumed "a more dangerous substance."

Medical Marijuana

Medical Marijuana States are Complying with Federal Enforcement Guidelines, Report Says. The medical marijuana advocacy group Americans for Safe Access Monday released a report finding that medical marijuana states have enacted regulations that address federal enforcement concerns and calling on legislators and state rulemakers to keep the August 2013 Justice Department memo on enforcement guidelines in mind as they craft new laws and regulations. But DOJ memos aren't a solution, just a stop-gap until appropriate federal legislation is passed, the report said.

Public Hearings on Medical Marijuana Coming in New York State. Democratic lawmakers trying to push a medical marijuana bill through the legislature plan to hold public hearings next month in Buffalo and Mineola. For the past several years, bills have passed the Assembly, only to die in the more conservative Senate. Another bill is moving this year. Click on the link for hearing details.

Gone But Not Forgotten

Philanthropist, Drug Reform Funder Peter Lewis Dies. Peter Lewis, the man who took Progressive Insurance into the auto insurance big leagues, died Saturday in Florida. Over the past 30 years, Lewis gave millions of dollars to efforts to legalize marijuana, as well as other drug reform efforts, including a recent contribution to a proposed 2014 initiative in Oregon. He was 80 years old.

Pregnancy

Feticide Charge Dismissed Against Drug-Using Louisiana Woman. A Louisiana judge has ruled that a woman who allegedly snorted cocaine days before giving birth to a stillborn fetus cannot be charged under the state's feticide law. That law only applies to people other than the expectant mother, District Judge Trudy White ruled. The woman was charged after a parish coroner ruled the stillbirth a homicide, saying the mother's drug use "led to a normally healthy baby ending up dying." Prosecutors could still bring other charges against the woman, they said.

International

Medical Marijuana Patients to Sue Health Canada over Being Outed. Medical marijuana patients furious and frightened after Health Canada outed them by sending each one of them documents in a white envelope with "Medical Marijuana Access Program" written across the top, followed by the patients' names and addresses are planning a class-action lawsuit. Health Canada said last week the mailing was the result of administrative error, but that is not assuaging unhappy patients.

Government Sponsored Anti-Marijuana Legalization Marchers take to the Streets in Mexico. Organized by the National Social Leaders of Mexico (CONAL), and with the support of a federal government children's development program, anti-marijuana legalization marchers in small numbers took to the streets of at least 15 Mexican cities over the weekend. They oppose growing talk of legalization, which has occurred in the Mexico City city council and the national congress, among other places.

New Jersey Supreme Court Protects Rights in Pregnancy Case

The New Jersey Supreme Court Wednesday ruled unanimously that the state's child protection laws do not give child protective services jurisdiction over pregnant women and that drug use during pregnancy does not by itself establish abuse or neglect. In the ruling, the court also acknowledged concerns articulated by leading medical and public health organizations that applying child protection laws to pregnant women can be detrimental to the health of the mother and the fetus.

The ruling came in New Jersey Division of Youth & Family Services v. A.L. In that case, the mother -- "A.L." -- gave birth to a healthy baby in September 2007, but a drug screening of A.L. and her baby came back positive for cocaine. The state Division of Child Protection and Permanency argued that those positive drug screens were sufficient evidence of harm or potential harm to declare that A.L. had neglected her fetus.

A.L. challenged that finding, but lost in district court. She also lost in appellate court, where the judges not only found neglect, but also declared that the state's child neglect law could be applied to fetuses in utero. In its ruling Wednesday, the state's highest court disagreed.

"On its own, the one entry [a medical notation of a positive drug test] does not tell us whether the mother is an addict or used an illegal substance on a single occasion," the court held. "The notation does not reveal the severity or extent of the mother’s substance abuse or, most important in light of the statute, the degree of future harm posed to the child. In other words, a [positive drug test], without more, does not establish proof of imminent danger or substantial risk of harm."

The Supreme Court also chided the lower courts for reaching conclusions not based on facts. Noting "the fact-sensitive nature of abuse and neglect cases," it said the Division -- not a judge -- must prove its case using qualified scientific and medical evidence. "Judges at the trial and appellate level cannot fill in missing information on their own or take judicial notice of harm," it said.

The maternal rights group National Advocates for Pregnant Women and attorney Lawrence Lustberg took up the case during the appeal to the Supreme Court, representing a group of 50 national and international medical, public health, and child welfare organizations, experts, and advocates including the American College of Obstetricians and Gynecologists, the Addiction Science Research and Education Center, and the American Academy of Addiction Psychiatry.

In briefs to the court in the case, those groups argued that the lower courts relied on popular misconceptions about drugs, pregnant women, and child welfare that lack any foundation in evidence-based, peer-reviewed research.

"We are so pleased that the New Jersey Supreme Court, consistent with its long tradition, carefully considered the expert amicus brief and rejected the State's reliance on scientifically discredited, factually incorrect statements about drug use in pregnancy," said Lustberg. "The court recognized, in effect, that drug tests cannot predict parenting ability and acknowledged amici's concerns that expansion of the state's child welfare law to the context of pregnancy would be likely to disproportionately harm low income and minority communities."

"It is extremely important that the New Jersey Supreme court today recognized that pregnant women, children and families should not be deprived of their fundamental rights -- including the right to family relationships -- based on presumptions that are medically baseless," said Lynn Paltrow, executive director of National Advocates for Pregnant Women. "The court’s decision protects the rights of all pregnant women and in so doing actually protects maternal, fetal, and child health."

State officials have declined to comment on the ruling.

Trenton, NJ
United States

Use Science in Cases Alleging Pregnancy and Drug Use, Orgs and Experts Argue in Court Brief

National Advocates for Pregnant Women

www.advocatesforpregnantwomen.org

For Immediate Release:

Contact: Lynn Paltrow

January 10, 2012        

 

50 Leading Medical, Public Health and Child Welfare Organizations and Experts File Brief Insisting on Science not Stigma in Child Welfare Decisions Involving Pregnant Women and Allegations of Drug Use

 

Drug War Propaganda and Junk Science No Basis for Child Neglect and Abuse Finding

 

TRENTON, NJ (Jan. 10, 2012): On January 10, a group of fifty medical, public health and child welfare experts and advocates filed a motion to submit an amicus (friend of the court) brief before the state’s highest judicial authority challenging a finding of neglect against a mother identified in court records as “A.L.,” and an Appellate Division decision that radically expands the scope of the state’s civil child neglect and abuse laws to apply to a pregnant woman in relation to the fetus she carries and sustains. 

In this case, New Jersey Division of Youth and Family Services (DYFS) v. A.L., A.L. gave birth to a healthy baby in September of 2007. DYFS argued that positive drug screens for cocaine on A.L. and her newborn were sufficient evidence of harm or imminent harm to find that A.L. had neglected her child.  A lower court and the Appellate Division agreed, not only finding neglect in this case but also declaring that a New Jersey’s neglect law could be applied to the context of pregnancy. On October 26, 2011, the New Jersey Supreme Court agreed to review the case.

In their brief, amici focus on the New Jersey Supreme Court’s commitment to the use of reliable scientific evidence in judicial decisionmaking. Amici argued that the lower courts relied on popular assumptions about drugs, pregnant women, and child welfare that lack any foundation in evidence-based, peer-reviewed research.

Lawrence S. Lustberg, Esq. of Gibbons P.C., co-counsel representing amici, explains that “the New Jersey Supreme Court has been a national leader in recognizing that when cases raise scientific, medical, or other technical issues, the evaluation of these issues must be informed by existing scientific knowledge, including expert testimony. This case should be no exception.”

Amici also note that DYFS presented no evidence that the child had suffered any actual injury at birth or at any time after birth, and presented no witnesses with expertise regarding the effects of prenatal exposure to cocaine, what drug test results mean, or the association between a pregnant woman’s drug use and a likelihood of abuse or neglect of a child once born.  Nor did DYFS present, or the lower courts consider, the vast body of medical and social science research on these questions.

“Pregnant women and children who are caught up in the child welfare system and who are disproportionately low-income and of color, no less than other people, deserve decisions that are grounded in evidence-based research,” said Emma S. Ketteringham, co-counsel in the case and Director of Legal Advocacy for amici National Advocates for Pregnant Women. Ms. Ketteringham added, “Pregnant women and families should not be deprived of their fundamental rights -- including the right to family relationships -- based on junk science, or no science at all.”

Expert amici explained to the court that medical research makes clear that numerous substances, conditions, and circumstances raise similar or greater risks to fetuses as prenatal exposure to cocaine.  While amici were careful to note that they were not suggesting that prenatal exposure to criminalized drugs is benign, they emphasized that current scientific evidence simply does not support judicially re-writing state law to allow for a per se finding of abuse or neglect based solely on evidence of a woman’s use of cocaine or other criminalized drugs during pregnancy.

Amici also noted that there is no research to support the idea that a positive drug test demonstrates harm, risk of harm, or a likelihood of neglect or abuse. They emphasized, however, that there is research finding that threats of punishment, including of loss of child custody, deter pregnant women from care, undermining rather than advancing maternal, fetal and child health.

Wendy Chavkin, MD, MPH, a physician and researcher who has written extensively about the issue of drug use and pregnancy, observed: “These issues have become caught up in other political battles.  It is critical that state agencies, like DYFS, and the court base their decision on scientific evidence, not on misinformation and stereotype.”

Ms. A. L. is represented by Clara Licata of the New Jersey Office of Parental Representation.

The amici organizations include: American College of Obstetricians and Gynecologists, Addiction Science Research and Education Center, American Academy of Addiction Psychiatry, American Society of Addiction Medicine, International Centre on Science in Drug Policy, International Doctors for Healthy Drug Policies, National Perinatal Association, National Coalition for Child Protection Reform, Child Welfare Organizing Project, Health Right International (Former Doctors of the World-USA), National Women’s Health Network.

A copy of amicus brief accompanying the motion to submit, including and a complete list of organizations and experts is available at:

http://advocatesforpregnantwomen.org/briefs/NJ%20DYFS%20v.%20AL%20Brief%20of%20Amici%20Curiae.pdf

Additional Resources:

Am. Coll. of Obstetricians & Gynecologists, Comm. on Health Care for Underserved Women, Committee Opinion 473, Substance Abuse Reporting and Pregnancy: The Role of the Obstetrician-Gynecologist

Don't Judge Pregnant Women Based on Junk Science

Location: 
Trenton, NJ
United States

Eating Poppy Seed Bagel Leads to Drug-Related Baby Seizure

Location: 
PA
United States
The American Civil Liberties Union is representing a western Pennsylvania woman who says her newborn baby was seized by county welfare workers after she failed a drug test because she ate a poppy seed bagel.
Publication/Source: 
The Associated Press
URL: 
http://www.google.com/hostednews/ap/article/ALeqM5hnmXylMUhxzpYh7j6z-yfLVF7GSQD9IRGCT00?docId=D9IRGCT00

State Patrol Officer Shoots Pregnant Woman During Spokane Drug Raid

Location: 
Spokane, WA
United States
A pregnant, unarmed woman was shot during a drug raid in Spokane and remains hospitalized as investigators piece together what happened in the county's third officer-involved shooting in four weeks.
Publication/Source: 
The News Tribune (WA)
URL: 
http://www.thenewstribune.com/2010/09/25/1356027/state-patrol-officer-shoots-pregnant.html

Prosecution: Kentucky Supreme Court Rules Pregnant Women Cannot Be Criminalized for Drug Use

Women who take illegal drugs while pregnant cannot be charged with child endangerment crimes for doing so, the Kentucky Supreme Court ruled last Friday. The court held that such prosecutions are unlawful under the state's Maternal Health Act of 1992, which expressly forbids charging women with a crime if they drink or do drugs during pregnancy.

The case is Cochran v. Kentucky, in which Casey County prosecutors charged Ina Cochran with first-degree wanton endangerment after she gave birth to a child who tested positive for cocaine in 2005. Cochran's attorney moved to have the charges dismissed, and a Casey Circuit Court judge agreed, but prosecutors appealed to the state Court of Appeals, which held that the charges could be allowed.

The state Supreme Court overturned the Court of Appeals ruling, arguing that the appeals court had erred both because its decision was intolerably vague and because the Kentucky legislature had expressly held that pregnant women were not to be prosecuted for drug use. "It is the legislature, not the judiciary, that has the power to designate what is a crime," the opinion said.

In passing the Maternal Health Act of 1992, the legislature explicitly stated that "punitive actions taken against pregnant alcohol or substance abusers would create additional problems, including discouraging these individuals from seeking the essential prenatal care."

The high court cited a similar earlier case it had decided, and that quotation is worth repeating:

"The mother was a drug addict. But, for that matter, she could have been a pregnant alcoholic, causing fetal alcohol syndrome; or she could have been addicted to self abuse by smoking, or by abusing prescription painkillers, or over-the-counter medicine; or for that matter she could have been addicted to downhill skiing or some other sport creating serious risk of prenatal injury, risk which the mother wantonly disregarded as a matter of self-indulgence. What if a pregnant woman drives over the speed limit, or as a matter of vanity doesn't wear the prescription lenses she knows she needs to see the dangers of the road?

"The defense asks where do we draw the line on self-abuse by a pregnant woman that wantonly exposes to risk her unborn baby? The Commonwealth replies that the General Assembly probably intended to draw the line at conduct that qualifies as criminal, and then leave it to the prosecutor to decide when such conduct should be prosecuted as child abuse in addition to the crime actually committed.

"However, it is inflicting intentional or wanton injury upon the child that makes the conduct criminal under the child abuse statutes, not the criminality of the conduct per se. The Commonwealth's approach would exclude alcohol abuse, however devastating to the baby in the womb, unless the Commonwealth could prove an act of drunk driving; but it is the mother's alcoholism, not the act of driving that causes the fetal alcohol syndrome. The 'case-by-case' approach suggested by the Commonwealth is so arbitrary that, if the criminal child abuse statutes are construed to support it, the statutes transgress reasonably identifiable limits; they lack fair notice and violate constitutional due process limits against statutory vagueness."

Somebody ought to tell them in South Carolina, where the courts have upheld the prosecution and imprisonment of pregnant women who used drugs.

Drugs, Pregnancy and Parenting: What the Experts Have to Say Part II

Time: 4 Hour Half Day Program Credits: Continuing Education Credits in the areas of Law, Social Work & CASAC Cost: Student Ticket- $25.00; Professional Ticket- $75.00. Professional ticket price based on credits/hour. **Financial Assistance Available!** For more information, contact: Aileen Dibra, Conference Coordinator, confcoordinator@advocatesforpregnantwomen.org Program: People working in the field of criminal law, family law and child welfare frequently have cases that involve issues of drug use. These lawyers, social workers, counselors, advocates and investigators, however, are often trying to do their jobs without the benefit of evidence-based research or access to experts knowledgeable about drugs, drug treatment and the relationship between drug use, pregnancy and parenting. On April 29, 2010 we will continue the education and conversations started at last year’s continuing education program, Drugs, Pregnancy and Parenting: What the Experts Have to Say. PART II will provide the opportunity to meet and learn from new experts ready to address some of the questions left unanswered at last year’s event. Following last year’s program, many people raised the following question: In light of the evidence-based research regarding drugs, drug treatment and the relationship between drug use, pregnancy and parenting, what happens to the children who stay in the care of their mother's who used drugs during pregnancy and/or continue to be involved with drug use? What does the research tell us about these children? Based on this feedback, National Advocates for Pregnant Women in partnership with NYU is hosting a follow-up program to address this question. The dynamic program will feature nationally renowned researchers, social workers and legal experts, as well as people with direct experience who will help distinguish myth from fact, evidence-based information from media hype and provide meaningful tools for improved advocacy, representation, care and treatment. No matter what kind of work you do or practice you have, this course will challenge your assumptions, identify valuable resources and generate hope about families where drug use is an issue. The distinguished panel of speakers will include: Marylou Behnke, MD is a Professor of Pediatrics at the University of Florida (UF) College of Medicine in the Division of Neonatology and Co-Director of the North Central Early Steps, a part of Florida’s early intervention program. Dr. Behnke’s research focuses on the effects of perinatal risk, including medical, genetic, environmental, and psychosocial factors, on long-term outcomes for children. Dr. Behnke has served on the American Academy of Pediatrics Committee on Substance Abuse, the Florida Medical Association Committee on Substance Abuse, and the Florida Pediatric Society Committee on Substance Abuse. She has served on numerous grant review committees for the National Institutes of Health (NIH), currently serves on the editorial board of the Journal of Addiction Medicine, and is an ad hoc reviewer for numerous medical journals. Fonda Davis Eyler, PhD is a Professor of Pediatrics at the University of Florida (UF) College of Medicine in the Division of Neonatology and Co-Director of the North Central Early Steps Program. Dr. Eyler’s research focuses on the developmental effects of early and on-going risk factors, including prenatal drug exposure. She has served on state committees developing regulations regarding substance-exposed newborns, including the Drug Exposed Infants/Families Committee of the Governor’s Drug Policy Task Force. Dr. Eyler has reviewed numerous grants for the National Institutes of Health (NIH) and manuscripts for professional journals. She has been actively involved in governance at the departmental, college and university levels. Dr. Eyler was recognized as a “Woman of Distinction” by the UF Association of Academic Women and a “Distinguished Psychologist” by the North Central Florida Psychological Association. Dr. Eyler and Dr. Behnke have been research partners since 1991. Together they have been awarded numerous grants to evaluate the long-term effects on children of maternal cocaine use during pregnancy. Their research, funded by the National Institute on Drug Abuse, the Center for Substance Abuse Treatment, and the University of Florida, has focused on a longitudinal cohort of 308 prenatally cocaine-exposed and non-exposed children from rural Florida. Both Drs. Eyler and Behnke have received UF Research Professorship, Sustained Academic Excellence and Top Funded Researcher Awards, and their research has resulted in three dozen published research articles, as well as numerous abstracts and presentations. Martin F. Guggenheim, JD is the Boxer Family Professor of Clinical Law at New York University School of Law. Professor Guggenheim has served as Director of Clinical and Advocacy Programs, Executive Director of Washington Square Legal Services, Inc., and for 15 years taught the Juvenile Rights Clinic in which students represented accused juvenile delinquents in New York’s Family Court. He later created the Family Defense Clinic, which represents parents and other adult relatives of children in foster care in New York City. One of the nation’s foremost experts on children’s rights and family law, Professor Guggenheim has argued leading cases on juvenile delinquency and termination of parental rights in the Supreme Court of the United States. He has published more than 40 book chapters and articles in leading law reviews in the United States, and is the author of five books on children and parents. His most recent book, What’s Wrong with Children’s Rights, was published by Harvard University Press in 2005. Carl L. Hart, PhD is an Associate Professor of Psychology in both the Departments of Psychiatry and Psychology at Columbia University, and Director of the Residential Studies and Methamphetamine Research Laboratories at the New York State Psychiatric Institute. A major focus of his research is to understand complex interactions between drug abuse and the neurobiology and environmental factors that mediate human behavior and physiology. He is the author or co-author of dozens of peer-reviewed scientific articles in the area of neuropsychopharmacology, co-author of the textbook Drugs, Society, and Human Behavior, and a member of an NIH review group. Dr. Hart was recently elected to Fellow status by the American Psychological Association (Division 28) for his outstanding contribution to the field of psychology, specifically psychopharmacology and substance abuse. In addition to his substantial research responsibilities, Dr. Hart teaches undergraduate and graduate courses and was recently awarded Columbia University's highest teaching award. Sabra Jackson is currently the coordinator for the city-wide Parent Advocate Network, a professional network within New York City designed to cultivate and formalize the role of the Parent Advocates in the child welfare system. This network was created through collaboration between The Child Welfare Organizing Project (CWOP) and the Parent Advocate Initiative. Ms. Jackson also has the distinction of being the only Parent Advocate on the New York State Child Welfare Court Improvement Project in Albany. Ms. Jackson is a graduate of CWOP's 2005 East Harlem Parent Leadership Curriculum. She has worked with Voices of Women, a self-help advocacy organization for survivors of domestic violence, with the Administration for Children’s Services (ACS) Parent Advisory Work Group, and was formerly a member of the ACS City-Wide Head Start Policy Council. Ms. Jackson has an understanding of child welfare policy and practice as both a client and a service provider. She is the proud single mother of two children: Sabra Inez (12yrs) and Peyton Ulysses (5yrs). Gretchen Lord, LCSW is an 18-year veteran of the Center for Family Life (CFL), an organization that has provided free comprehensive family support services to the residents of Sunset Park, Brooklyn, for the past 31 years. Originally hired as a caseworker in CFL’s Neighborhood Foster Family Program, Ms. Lord currently serves as the Director of the Beacon Preventive Services program. In 2005, Ms. Lord initiated CFL’s ParentShip Program, which supports parents to improve parenting skills, and reduces social isolation by connecting parents and community resources. Ms. Lord provides both clinical and administrative supervision. The families she serves face difficult challenges such as family trauma, foster care placement, domestic violence, as well as issues involving drugs, alcohol and mental health. She has presented on CFL’s innovative programs, which have become blueprints for reorganizing the New York City foster care system, at national and international venues. Lynn M. Paltrow, JD is the Founder and Executive Director of National Advocates for Pregnant Women. A graduate of Cornell University and New York University School of Law, Ms. Paltrow has served as a Senior Staff Attorney at the ACLU's Reproductive Freedom Project, Director of Special Litigation at the Center for Reproductive Law and Policy, and Vice President for Public Affairs for Planned Parenthood of New York City. Her honors include the Arthur Garfield Hays Civil Liberties Fellowship, the Georgetown Women's Law and Public Policy Fellowship, the Justice Gerald Le Dain Award for Achievement in the Field of Law and the 2008 National Women’s Health Network’s Barbara Seaman Award for Activism in Women's Health. Women’s E-news selected Ms. Paltrow as one of 21 Leaders for the 21st Century in 2005.
Date: 
Thu, 04/29/2010 - 12:00pm - 5:00pm
Location: 
40 Washington Square South
New York, NY 10012
United States

Pregnancy: Missouri Bill to Criminalize Drug Using Mothers-To-Be Faces Tough Scrutiny, Similar Tennessee Bills Die

A Missouri bill that would criminalize drug use by pregnant woman got a hearing Tuesday, but the reception was not very friendly. A pair of similar bills in Tennessee died on the vine this week.

In Missouri, Sen. Brad Lager (R-Savannah), author of the bill, SB 459, ran into a skeptical reception at the state Senate Judiciary Committee. Sen. Jack Goodman (R-Mt. Vernon) got Lager to agree to an amendment that would block prosecution if the woman was seeking treatment, but that wasn't enough for Sen. Jolie Justus (D-Kansas City), who said the bill was unnecessary because there were already remedies for women who harmed their children.

Nor was it good enough for children's, welfare, and civil rights advocates. "We sit here in a room of privilege, but there are those who live in dire circumstances that we are blessed not to understand," said Colleen Coble of the Missouri Coalition Against Domestic and Sexual Violence. For the targets of the bill, "the public policy means nothing," Coble said. "What they know is, you go to the doctor, you go to jail."

Also testifying against the bill were the American Civil Liberties Union, Planned Parenthood, and the Missouri Catholic Conference.

But Lager remained determined to forge forward, and a vote could take place as early as next week. "I just believe strongly that this type of action and this type of behavior cannot be condoned," he said.

A similar effort in Tennessee, however, has already bitten the dust, according to National Advocates for Pregnant Women, which released an analysis of the Tennessee bills that laid out the case against such legislation in general and in Tennessee in particular. The advocacy group has also produced a fact sheet delineating just what is wrong with criminalizing women who use drugs while pregnant.

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