HOUSE OPTS AGAINST MAKING METH PREGNANCIES A FELONY

CHEYENNE - The House on Thursday backed away from the prospect of
imposing felony prosecutions on mothers who expose their newborn
children to methamphetamine in the womb.

Instead, the House adopted a sweeping amendment drafted by Majority
Floor Leader Colin Simpson, R-Cody, that expands the definition of
abuse under the Child Protective Services Act to include prenatal
exposure to methamphetamine. The House then passed the bill 39-21 on
final reading.

The change means that a mother who exposed her newborn to the drug
during pregnancy could be referred to drug court. The drug court, in
turn, could order the woman to get treatment, and any violation of
such an order could land the woman in jail for up to 90 days.

A felony conviction under the earlier version of the bill could have
resulted in prison sentences. Although the amendment removed the
prospect of felony prosecution for meth mothers, the revised bill
could still result in mothers losing custody of their children to the state.

Critics of the bill said they are concerned that the legislation
threatens to deter drug-addicted women from seeking necessary medical
care for themselves and their children. Public health professionals
from around the country wrote to Wyoming legislators this week urging
them to oppose the original bill on the grounds that it would
discourage women from seeking medical care.

Rep. Elaine Harvey, R-Lovell, is the main sponsor of the legislation.
She said after the House vote that she was pleased to see the bill
move forward after years of working on the issue.

"A whole group of children in Wyoming are going to be better off,"
Harvey said. "I think a lot of times the legislation we pass is not
perfect, but I think this is going to give it a good shot at solving
the problem."

Harvey said officials at the Wyoming Department of Family Services
have told her substance abuse issues forced the state to put 72
children into placements outside of their homes from 2003 through 2005.

Rep. Liz Gentile, D-Evansville, said during debate in the House that
she has served on the Natrona County Child Protection Team. While she
said the world would be a better place without any illegal drugs, she
said she still opposed the bill.

"I think going down this road is going to deter women from seeking
help," Gentile said.

Rep. Sue Wallis, R-Recluse, said she favored removing the felony
penalty language, but she opposed the bill nonetheless.

"Ultimately that crime is still going to cause women to avoid the
care that they need, and babies the care that they deserve," Wallis said.

"Let's not instill the fear that if I go to the hospital to have my
baby that my baby is going to be jerked out of my arms and given to
someone else."

Rep. Tom Lubnau, R-Gillette, said he has represented hospitals in his
work as a lawyer. He said when they get babies who have been exposed
to methamphetamine, he tells them to "do the right thing - call
Family Services."

Lubnau said the bill would provide legal protection to doctors and
health care workers who take it upon themselves to call the state
when they see a child they suspect has been exposed to methamphetamine.

Rep. Marty Martin, D-Rock Springs, said he supported the amendment to
take the violation out of the realm of the state's criminal code. He
said it's unfortunate the House had to debate the issue.

"Methamphetamine is a huge issue all across the state," Martin said.
"I agree with the sponsor of the bill; it's something that we need,
and we need it now."

Brenda Ilg, lobbyist with NARAL Pro-Choice Wyoming, said her group
intends to oppose the bill as it moves through the Wyoming Senate.
"Coerced treatment just doesn't work," she said after the House vote.