Unborn Children

[MikeyBSN]

I recently had a pt who was in an advanced state of pregnancy and was doing things that posed great harm to herself and her unborn child. The question was raised as to whether we should call DYFS (New Jersey's child protection services). I was wondering what everyone thought about this issue?

[TheCommuter, BSN, RN]

Can you divulge the supposedly 'harmful' things she is doing to her unborn child?

[Elvish, BSN, DNP, RN, NP]

What's your state law on unborn children? I believe they can vary greatly depending on where you are.

[StarryNyte713]

Mikey,

I worked for Child Protective Services in VA. Generally CPS can't get involved until the child is born. However, there could be other kids in the home or she might have a history with CPS. Even if they can't actively do anything right now, they should be given the info. just to be on the safe side... for the sake of the child when it's born and potentially any other children she may have. At the very least, they could get her involved with community resources.

Good luck

[MikeyBSN]

Can you divulge the supposedly 'harmful' things she is doing to her unborn child?

Excessive illegal drug use to the point where it became life-threatening.

[StarryNyte713]

Yes, I would report that. CPS will have to get involved anyway when she gives birth to a baby that tests positive for drugs. Might as well see if there's anything they can do now.

[RainDreamer, BSN, RN]

From my experience, nothing is ever done to these women. They can abuse their babies all they want, while they are in the womb. They can drink, do drugs, etc, etc, etc. The only thing that ends up happening is that CPS takes the baby away (if the drug abuse is extensive enough). But does the mother go to jail for child abuse? No.

Not too long ago we had a 35ish weeker that abrupted due to mom's drug use and her leaving AMA after being diagnosed with placentra previa. Needless to say she abrupted, bled out, and is pretty much on her death bed in ICU. Baby is critical too. Talk about child abuse.

[GrumpyRN63, ADN, RN]

i recently had a pt who was in an advanced state of pregnancy and was doing things that posed great harm to herself and her unborn child. the question was raised as to whether we should call dyfs (new jersey's child protection services). i was wondering what everyone thought about this issue?

usually social work should be involved... it's then their job to f/u w/regards to dcf, i believe once she delivers, dcf takes over, but i don't think anything happens to the mom, just loses custody, gets pregnant, rinse and repeat:icon_roll

[RainDreamer, BSN, RN]

but i don't think anything happens to the mom, just loses custody, gets pregnant, rinse and repeat:icon_roll

so true! odds are you'll most likely be seeing her again before the year's over.

[nurseaboveboard]

We once had a person committed for the duration of her pregnancy because she was an opiate user. She gave birth and the child was taken. This was maybe her 3rd? She finally got her tubes tied. However, my daughter and son-in-law have adopted two siblings, both crack addicted @ birth. These were children number 4 and 5. Since then she's had numbers 6 and 7, also addicted and also adopted out. She's maybe 34 or so, so can continue to have children. You tax paying dollars at work! Nuff said!

[EmmaG, RN]

State supreme courts in Connecticut and New York, however, have refused to treat pregnant women who used drugs as presumptively neglectful, while the New Jersey Supreme Court held that a newborn's addiction and symptoms of withdrawal, combined with a mother's failure to provide care, could be considered as a factor in terminating parental rights.

http://www.guttmacher.org/pubs/tgr/03/6/gr030603.pdf

(note this is from 8/2006)

The Child Abuse Prevention and Treatment Act (CAPTA) requires States to have policies and procedures in place to notify CPS of substance-exposed newborns (SENs) and to establish a plan of safe care for newborns identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure. Several States currently address this requirement in their statutes. Approximately 15 States and the District of Columbia have specific reporting procedures for infants who show evidence at birth of having been exposed to drugs, alcohol, or other controlled substances, while 13 States and the District of Columbia include this type of exposure in their definitions of child abuse or neglect.

http://www.childwelfare.gov/systemwide/laws_policies/statutes/drugexposedall.pdf

Parental Drug Use as Child Abuse: Summary of State Laws

New Jersey:

This issue is not addressed in the statutes reviewed

Excessive illegal drug use to the point where it became life-threatening.

While they may not be able to charge her with child abuse under NJ law, there could still be some options and creative prosecution employed. I agree with the above; report it regardless.

[Nightcrawler, BSN, RN]

We once had a person committed for the duration of her pregnancy because she was an opiate user. She gave birth and the child was taken. This was maybe her 3rd? She finally got her tubes tied. However, my daughter and son-in-law have adopted two siblings, both crack addicted @ birth. These were children number 4 and 5. Since then she's had numbers 6 and 7, also addicted and also adopted out. She's maybe 34 or so, so can continue to have children. You tax paying dollars at work! Nuff said!

At least this woman is adopting these kids out so that they have a chance for a normal life. I have an uncle that was adopted under similar circumstances. She was addicted and he was her 6th child. The true travesty is when the women do not give the kids up but put them in the never ending cycle of foster care, to back to mom, to foster care, to grandparents, to mom, to foster care forever and ever.