THOMAS TARGETS MOMS OF BABIES ON DRUGS

Plan Would Allow Child Abuse Charges

Mothers whose newborns have illegal drugs in their systems would be
charged with child abuse under a law proposed Wednesday by Maricopa
County Attorney Andrew Thomas.

County prosecutors receive at least two to four inquiries a month
from police investigating cases of babies born on drugs, but the
problem is probably on a greater scale because most police officers
know nothing can be done, said Patty Stevens, who runs the county
attorney's Family Violence Bureau.

"We're not involved in these as far as litigating them, so often
times our involvement ends with a phone call of 'can you do
anything?' " Stevens said. "And right now, we can't because the abuse
was while the baby was being carried by the mother."

Appellate courts have found that mothers can't be charged with child
abuse under Arizona's current child abuse laws, Thomas said.

Rep. Steve Yarbrough, RChandler, is the bill's sponsor.

The legislation would make a mother guilty of child abuse if her
child tests positive for an illegal drug such as heroin, marijuana or
methamphetamine within 72 hours of birth.

Mothers would also face charges if the child showed an injury within
one year of birth that is a direct result of drug use.

A felony conviction involving a child victim would also constitute
grounds for severing parental rights under the proposed law.

The law would also allow the court to give harsher sentences if the
child were removed from the home by Child Protective Services.

Lastly, the law would require police and health care workers to
report when they suspect a newborn is affected by a mother's illegal drug use.

"We need to hold people responsible who are doing this, and we need
to get these children out of these abusive situations," Thomas said.

A similar idea was rejected during a special legislative session in
2002 dedicated to reforming CPS, said Mary Rimsza, who was on a
governor's task force during the session.

"It comes up again and again," said Rimsza, who is codirector of
Health Information and Research at Arizona State University.

Rimsza said the medical community opposed the idea out of fear that
women who are drug users wouldn't seek prenatal care to avoid arrest.