'COKE MOM' BILL STILL BADLY FLAWED

Though wellintentioned, the original "cocaine mom" bill in the Legislature
had two big flaws: (1) It would likely have backfired, worsening the
drugbaby problem it sought to ease and (2) it opened the door to a ban on
abortion.

The legislation the Assembly passed the other day reflected amendments that
ameliorated Flaw No. 1, but intensified Flaw No. 2. Hence, the Senate must
find the courage to reject this measure, which would give authorities the
power to take into custody pregnant women addicted to drugs or alcohol.

By requiring counselors and health care workers to in effect turn addicted
expectant mothers over to authorities, the original measure practically
guaranteed that many such women would not seek the medical services and
drug treatment they and their fetuses needed. The amended version, however,
narrows the requirement to cases in which the women refuse to accept help
for their habits.

Thus, the measure is now less likely to backfire, but it's still not the
most efficient way to reduce the problem of addicted babies. As dissenting
lawmakers pointed out, the most direct method would be simply to adequately
finance drug or alcoholtreatment centers, which right now cannot enroll
in a timely manner every addict seeking help. In fact, the bill might wind
up punishing an expectant mother who can't get into a treatment center
because it's full.

The bill originally would have applied just to women with fetuses that
could survive outside the womb. Now it applies to all pregnant women, even
before they are aware they are pregnant, making it more constitutionally
suspect. What's more, just another logical step or two would have the
Legislature outlawing abortions, and thus violating a woman's
constitutional right to choose what to do with her body.