State actions to control fetal abuse: ramifications for child welfare practice

The growing concern over the plight of infants born addicted to alcohol or other drugs has moved some legislatures and courts to develop punitive responses. Statutes and case law have evolved in both the civil and criminal arenas. Under civil law, the parens patriae power of the state has been invoked to remove children from the custody of their mothers at birth. Under criminal law, a variety of approaches have been used to punish the mother for her actions while pregnant. This article reviews recent case law and surveys state statutes to illustrate strategies currently being employed, and suggests ramifications for child welfare practice.