Home News Featured News US court rules that pregnant women who take drugs cannot be charged...

US court rules that pregnant women who take drugs cannot be charged for child abuse

Author

Date

Category

- Advertisement -

The Pennsylvania Supreme Court ruled on Friday that women who use illegal drugs cannot be prosecuted for child abuse offenses. This, after Clinton County Children and Youth Services charged a mother who gave birth to a baby addicted to drugs and removed the infant from her care.

The state’s apex court made the ruling on the basis that Pennsylvania law that does not recognize fetuses as children and that Child Protective Services Law should only protect children from abuse.

Writing for the majority, Justice Christine Donahue noted that the wording of the law would have included protection for an unborn child if the CPSL was intended to protect unborn children. She added:

“The fact that the actor, at a later date, becomes a person who meets one of the statutorily-defined categories of ‘perpetrator’ does not bring her earlier actions — even if committed within two years of the child’s bodily injury — under the CPSL.
“We conclude, based on the relevant statutory language, that a mother cannot be found to be a perpetrator of child abuse against her newly born child for drug use while pregnant.”

The ruling was not unanimous. Justice Sallie Updyke Mundy, who voted against the ruling, wrote that the infant had “suffered bodily injury after birth when she began exhibiting withdrawal symptoms. Therefore, the mother was the perpetrator of child abuse on (the baby) after birth, notwithstanding the fact that she ingested the drugs prior to birth.”Follow us on Social Media

- Advertisement -

Send in your scoops to news@theindependent.sg 

No tags for this post.
- Advertisement -

Cap of 5 people for social gatherings and household visits; Lawrence Wong warns of possibility of another circuit breaker

Singapore -- Octets out, quintets in. Social gatherings will be limited to five people, no more groups of eight. New restrictions are coming into place from May 8 to May 30 to curb the Covid-19 spike in Singapore. The new restrictions will take...

MOH asks hospitals to delay non-urgent surgeries to conserve resources for Covid patients

Singapore— With Covid-19 cases rising, the Ministry of Health (MOH) asked hospitals on Monday (May 3) to delay non-urgent surgeries and give priority to the treatment of Covid patients. In a statement, MOH said it is "working closely with all public and...

5 KTPH staff disciplined for ‘error’ that led to unnecessary treatment of breast cancer patients 

Singapore—Five staff members of Khoo Teck Puat Hospital (KTPH) have been disciplined for a laboratory incident that led to inaccurate test results and unnecessary treatment for some breast cancer patients. The staff members were disciplined for "not adequately performing their duties and...
Follow us on Social Media

Send in your scoops to news@theindependent.sg 

No tags for this post.
Theindependent