PREGNANT, ADDICTED WOMAN ASKS FOR HELP, GETS 'LOCKED UP'

Rachael Lowe sat in a Racine County courtroom on Wednesday morning waiting
to see whether she would be released from confinement at St. Luke's
Hospital in Racine.

Lowe, 20, sat beside her 21-year-old husband, Michael, with her fate, and
that of her unborn child, in the hands of a judge.

The problem, the reason she was confined at St. Luke's, is that she became
addicted to oxycontin while pregnant. When she voluntarily sought help at
Waukesha Memorial Hospital for her addiction, Michael said outside court,
she was taken into custody to protect the child.

That's where she still is. It's frustrating, Michael said, because she is
allowed only limited visits with family and is receiving no prenatal care,
although she is being treated for the addiction.

There was no decision for Rachael at the hearing on Wednesday morning.
Judge Charles Constantine said he didn't have enough information to make a
decision, and he roundly criticized both county social workers and the
guardian appointed for the child for not producing information about the
health of the child and the progress that Rachael Lowe has made in the
treatment program.

"I am just astounded that after 10 days I don't have that information," he
said.

Mark Lukoff, appointed guardian for the child, said Rachael had snorted
oxycontin in the hospital. The medication was part of her treatment, but
she was looking for a better high, and that, he said, makes him question
whether she could stay away from drug use if she were released.

Constantine ordered a prenatal exam for Lowe - with the county paying if no
one else will - instructed her to continue to take medication as specified,
and he said he wanted medical records and doctors available for the next
hearing on Wednesday, May 18.

Michael Lowe said the treatment of his wife sends a poor message to other
pregnant women who may have the same problem and want to seek professional
help. "Why detain her and hold her locked up in a psychiatric ward for
wanting to better herself? I don't understand that."

Note: Below is a prior story about a somewhat similar case, published in
The Journal Times:

November, 1999

Cocaine Mom' Law Invoked In Racine

By Wendy Parks

RACINE A 29-year-old expectant mother who is accused of using cocaine
during her pregnancy is now getting help under the state's cocaine mom" law.

The woman, in her second trimester of pregnancy, is the first in Racine
County and possibly the first in the state to get court-ordered treatment
under the relatively new law, the use of which isn't tracked statewide.

It allows pregnant women to get placed into treatment through confidential
court proceedings, as an alternative to criminal charges.

Lawyers, health care providers and various counselors have the right to
report expectant mothers who need help to overcome drug or alcohol problems
to police or human services workers, who investigate the accusations and
compile reports that can be used in court.

I have not heard about any other cases in the state," said state Rep.
Bonnie Ladwig, R-Mount Pleasant, the co-author of the law with state Sen.
Joanne Huelsman, R-Waukesha. I think they'll be watching this across the
state because it was a controversial law."

Ladwig said she expects that lawmakers and legal experts will take a close
look at the entire case in Racine County to learn the health status of the
child after birth.

We're trying to protect the unborn baby," said Ladwig. If we could get that
mom to stop using cocaine, that would be our goal. More and more babies are
considerably viable earlier. For example, fetal-alcohol babies suffer the
most damage during the first three months."

Racine County Circuit Court Judge Wayne Marik is presiding over the unusual
case. In a ruling last week, Marik ordered the woman's detainment in
physical custody."

By law, that custody is defined as the home of an adult relative or friend
of the pregnant woman, a licensed community-based residential facility, a
hospital, a physician's office or an approved public treatment facility.

Our whole point is to hope to help her get treatment," said Assistant
District Attorney Randy Schneider.

The offices of the local District Attorney and the state Public Defenders
have been tight-lipped about the case, explaining they are governed by the
law's strict confidentiality guidelines.

Any person who divulges any information which would identify the expectant
mother involved could face contempt of court charges," according to the
state Children's Code.

Possible penalties for those who violate the confidentiality provisions
could involve jail sentences and fines.

We really can't say anything, because it's our job to protect our client's
rights and confidentiality," said Shala Anastasio, an assistant state
Public Defender. We represent the expectant mother, and the guardian ad
litem (for the unborn child) is represented by someone else."

According to a provision of the state's Children's Code that governs the
so-called cocaine mom cases, an unborn child is defined as a human being
from the time of fertilization to the time of birth."

That definition, however, is only for the purposes of Chapter 48 of the
Children's Code, in which the state takes a special interest to protect the
fetus. It does not apply for abortions during the first trimester, which
are allowed under state law.

Abortions were separate from that," said Ladwig. We made sure that we
weren't opening that can of worms. That's why we distinguished that once
the mom made the decision to carry the baby full term, then it's her duty
take some responsibility while pregnant."

According to the Wisconsin State Statute Chapter 940.4, any person, other
than the mother, who intentionally destroys the life of an unborn child may
be fined not more than $5,000 or imprisoned not more than three years or both."

Attorney Jennifer Bias, who heads the state's Public Defenders office in
Racine, said cases involving the cocaine mom law may prompt a huge debate
on whether it's constitutional for the state to interfere with a woman's
body specifically during the early stages of pregnancy.

The separation of powers between the Legislature and the judicial branches
of power is being tested in the courts," she said.

Opponents of the cocaine mom law said the legislation would actually push
women against receiving services and possibly ignite heated discussions in
the abortion debate.

The concern was that you'd be chasing moms away from prenatal care," said
Ladwig.

Ladwig said the law was not designed to hinder women's rights. It was
drafted to help pregnant women and protect children.

The law was prompted in part by a 1996 case in which a Franksville woman
was accused of trying to drink her unborn child to death. The child
survived and is now in foster care. The woman's attempted first-degree
intentional homicide and first-degree reckless injury charges were dropped
last month.

The state Supreme Court decided not to hear the case. A state appellate
court decided earlier there was no probable cause to issue the charges
against the woman.

Ladwig said it was cases such as the Franksville woman's and another in
Waukesha that gave her the momentum to get the law approved by the state
Legislature. Pregnant women who abuse drugs or alcohol need reasonable
options to get the care they need, said Ladwig.

In 1998, Gov. Tommy Thompson signed the bill into law in Waukesha, where a
doctor said a woman admitted using cocaine during her pregnancy. The woman,
who was eight months pregnant, refused to seek drug counseling under a
doctor's recommendation.

The state's high court later ruled that the county did not have the
authority under existing laws to force a pregnant woman into treatment,
even if she was abusing drugs or alcohol.