Current Events > Pennsylvania's highest court rules drug use while pregnant not abuse

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https://thehill.com/blogs/blog-briefing-room/news/423197-pennsylvanias-highest-court-rules-pregnant-womens-drug-use-isnt

The Pennsylvania Supreme Court ruled Friday that mothers who use illegal drugs during pregnancy cannot face prosecution for child abuse offenses.

According to The Associated Press, the ruling made by the states highest court came down to the states Child Protective Services Law (CPSL), which does not recognize fetuses as children.

"The fact that the actor, at a later date, becomes a person who meets one of the statutorily-defined categories of 'perpetrator' does not bring her earlier actions -- even if committed within two years of the child's bodily injury -- under the CPSL," Justice Christine Donohue wrote in her opinion, according to the news agency.

Two other justices on the court, Justices Sallie Mundy and Debra Todd, reportedly went on to say that what should matter when examining neglect cases is whether an injury manifests at some point in time after the neglect as in cases of malnourishment from lack of food, or suffering from a severe diaper rash from failure to routinely change diapers.

The ruling involved a case in which a child ended up spending over two weeks at a local hospital in Williamsport, Pa., last year after her birth for drug dependence treatment that led to severe withdrawal symptoms.

David Cohen, a lawyer representing the mother of the child in the case, celebrated the ruling as a victory for womens and childrens rights on Friday, according to the news agency.

"There are many states that have decided by statute to label this type of behavior child abuse, but the majority do not," Cohen said in a statement reported by the AP.

"We think that's the right way to approach this, because this is a health issue and the worst thing you can do with a health issue is punish people, he continued. It drives people from treatment and it results in worse outcomes for everyone."

At the time, however, Cohen said that his client does not have legal custody of her daughter.

How is a womans right to harm her kid a victory for childrens rights?
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Thats fucked up
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tennisdude818 posted...

How is a womans right to harm her unborn kid a victory for childrens rights?

Her body her choice
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Trash tier state with trash tier politicians making a trash tier ruling

But hey, children being forced into drug dependency is much better than the drug addicted mother being able to get an abortion
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Bananana posted...

But hey, children being forced into drug dependency is much better than the drug addicted mother being able to get an abortion

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tennisdude818 posted...

At the time, however, Cohen said that his client does not have legal custody of her daughter.

I wonder if there is more to this.
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Women get in trouble for false positives during pregnancy.
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Since the state doesn't regard fetuses as people, so legally this is the reasonable outcome.
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Captain_Qwark posted...

Is it illegal in other ways at least ?_?

I kind of doubt that the woman get's charged for illegal drug-use upon the birth of her addicted child.
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If the mother were an African American crack head they would have thrown the book at her

Baby_Shark posted...

If the mother were an African American crack head they would have thrown the book at her

So you're saying they care more about black kids than white kids? Or that they have more respect for the agency of black women than white women?

No I think it has more to do with that slimeball lawyer David Cohen.
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I mean, mothers don't face charges for smoking or drinking while pregnant. This is consistent.
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The NYT had a good piece recently about how the crack baby panic was based on faulty science and led to some harmful, punitive public policies: https://www.nytimes.com/interactive/2018/12/28/opinion/crack-babies-racism.html
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tennisdude818 posted...

Baby_Shark posted...

If the mother were an African American crack head they would have thrown the book at her

So you're saying they care more about black kids than white kids? Or that they have more respect for the agency of black women than white women?

No I think it has more to do with that slimeball lawyer David Cohen.

No, I meant they POC get far worse sentences

I see.
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Imagine caring about some dumb lame-ads fetus more than the one incubating it.
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TrevorBlack79 posted...

I mean, mothers don't face charges for smoking or drinking while pregnant. This is consistent.

This. Fetal alcohol syndrome is more prevalent than complications caused by drugs too

When murder is legal, I can't really be surprised by any legalizations that follow.
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Good.

I feel like this is more about shit like getting CPS called on you because you tested positive for a drug while pregnant and they take your existing perfectly healthy kids away.
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Horrible.