Pennsylvania’s highest court ruled Friday that it is okay for mothers to use illegal drugs while pregnant. They can’t be accused of child abuse because the unborn children don’t have rights.
They went by law, the Children under the Child Protective Services Law, that does not include fetuses or unborn 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,” wrote Justice Christine Donohue.
Two justices who dissented said what should matter is when the injury shows itself, and that can be after the child is born.
“The facts in this matter more closely resemble neglect cases where the 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,” wrote Justice Sallie Mundy, joined by Justice Debra Todd.
The case concerned a mother who took slews of drugs while pregnant. Her child was born drug addicted and went into withdrawal.
The Clinton County, child welfare agency, argued that a finding of child abuse would help protect other children if the mother were to become pregnant again.
The mother’s lawyer, David S. Cohen, called the decision a victory for public health and the rights of women and children.
“There are many states that have decided by statute to label this type of behavior child abuse, but the majority do not,” Cohen said Friday. “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. It drives people from treatment, and it results in worse outcomes for everyone.”
The lawyer is wrong. Taking drugs that will harm an unborn baby is evil, addiction or not. Do we let everyone free if they kill while driving drunk or murder someone while drugged? Innocent children will suffer as more and more of these narcissists put their unborn in danger or kill them. It is condoning this activity. The United States is becoming a very sick country culturally. Americans care more about their dogs than they do about human life.