This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/lifeandstyle/2014/dec/12/pregnant-womans-drug-use-equivalent-to-child-abuse-court-says

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Pregnant woman's drug use equivalent to 'child abuse', court says Pregnant woman's drug use equivalent to 'child abuse', court says
(5 days later)
A federal civil rights lawsuit is being filed on behalf of a Wisconsin woman who was jailed and placed in solitary confinement because she allegedly used methamphetamines while pregnant, an act authorities said abused her 14-week-old fetus.A federal civil rights lawsuit is being filed on behalf of a Wisconsin woman who was jailed and placed in solitary confinement because she allegedly used methamphetamines while pregnant, an act authorities said abused her 14-week-old fetus.
Tamara “Tammy” Loertscher, 30, was jailed for about a week after she sought prenatal care at a Mayo Clinic branch in Eau Claire, Wisconsin. While attempting to be treated for a serious thyroid condition and depression, Loertscher disclosed that she had previously used drugs, and doctors tested her urine for metabolites. Tamara “Tammy” Loertscher, 30, was jailed for 18 days after she sought prenatal care at a Mayo Clinic branch in Eau Claire, Wisconsin. While attempting to be treated for a serious thyroid condition and depression, Loertscher disclosed that she had previously used drugs, and doctors tested her urine for metabolites.
Afterward, she was summoned to family court and then jailed for refusing to attend residential drug treatment. Authorities said she was addicted to methamphetamines, evidenced by metabolites in a urine test that clinic staff conducted.Afterward, she was summoned to family court and then jailed for refusing to attend residential drug treatment. Authorities said she was addicted to methamphetamines, evidenced by metabolites in a urine test that clinic staff conducted.
Loerstcher alleges that she was placed in solitary confinement, was unable to access her thyroid medication for up to two days, and was denied access to her own prenatal care doctor. At one point, she said, she was even asked to take another pregnancy test.Loerstcher alleges that she was placed in solitary confinement, was unable to access her thyroid medication for up to two days, and was denied access to her own prenatal care doctor. At one point, she said, she was even asked to take another pregnancy test.
“I was released into the care of my mom from the Mayo Clinic, and from there I thought everything was fine,” Loertscher said on Thursday. “It was less than a week later I got served [court] papers, and then the next day a police officer came to my house and said there was a warrant for my arrest.”“I was released into the care of my mom from the Mayo Clinic, and from there I thought everything was fine,” Loertscher said on Thursday. “It was less than a week later I got served [court] papers, and then the next day a police officer came to my house and said there was a warrant for my arrest.”
Wisconsin authorities used a 1998 “cocaine mom” law to assign the first-trimester fetus an attorney and attempt to send Loertscher to an inpatient substance abuse treatment facility. When she refused to go, they threw her in jail. The court’s finding that she committed child abuse is permanent and bars her from her work as a nurse’s aide. Loertscher was released from jail after signing a consent decree that places her under monitoring by the state. Wisconsin authorities used a 1998 “cocaine mom” law to assign the first-trimester fetus an attorney and attempt to send Loertscher to an inpatient substance abuse treatment facility. When she refused to go, they threw her in jail. A state agency’s finding that she committed child abuse is permanent and bars her from her work as a nurse’s aide. Loertscher was released from jail after signing a consent decree that places her under monitoring by the state.
Loertscher said she “self-medicated” with meth to treat her thyroid condition while she was without insurance, but claimed she stopped when she had an “inkling” she was pregnant.Loertscher said she “self-medicated” with meth to treat her thyroid condition while she was without insurance, but claimed she stopped when she had an “inkling” she was pregnant.
“This all happened in a small community, and everybody knows ... When something like this happens, people have opinions,” Loertscher said. “My family will have to relocate, to start over, now.”“This all happened in a small community, and everybody knows ... When something like this happens, people have opinions,” Loertscher said. “My family will have to relocate, to start over, now.”
The National Advocates for Pregnant Women, the Carr Center for Reproductive Justice at the New York University School of Law, and the New York-based Perkins Coie law firm plan to file a federal civil rights lawsuit, alleging the Wisconsin law severely restricts pregnant women’s equal protection, due process, and medical decision-making rights. Loertscher’s attorneys are separately appealing the finding of child abuse. The National Advocates for Pregnant Women, the Carr Center for Reproductive Justice at the New York University School of Law, and the Perkins Coie law firm plan to file a federal civil rights lawsuit, alleging the Wisconsin law severely restricts pregnant women’s equal protection, due process, and medical decision-making rights. Loertscher’s attorneys are separately appealing the finding of child abuse.
“It’s about empowering the state to impose its idea of what proper prenatal care is,” said Lynn M Paltrow, executive director of National Advocates for Pregnant Women. “It gives doctors the authority to threaten women with arrest if they don’t do what they’re asked.” Opponents of the law also say that its penalties aren’t commensurate with any potential medical harm. For example, expectant mothers are unlikely to be charged with child abuse under the law for smoking, a behavior known to be harmful to fetuses.“It’s about empowering the state to impose its idea of what proper prenatal care is,” said Lynn M Paltrow, executive director of National Advocates for Pregnant Women. “It gives doctors the authority to threaten women with arrest if they don’t do what they’re asked.” Opponents of the law also say that its penalties aren’t commensurate with any potential medical harm. For example, expectant mothers are unlikely to be charged with child abuse under the law for smoking, a behavior known to be harmful to fetuses.
Supporters of such laws argue that using drugs while pregnant is tantamount to child abuse.Supporters of such laws argue that using drugs while pregnant is tantamount to child abuse.
“It’s the same as abuse of a child after it’s born,” retired Wisconsin representative and co-author of the law Bonnie Ladwig told the New York Times in 2013. “If the mother isn’t smart enough not to do drugs, we’ve got to step in.”“It’s the same as abuse of a child after it’s born,” retired Wisconsin representative and co-author of the law Bonnie Ladwig told the New York Times in 2013. “If the mother isn’t smart enough not to do drugs, we’ve got to step in.”
The Wisconsin supreme court struck down a similar law in a split decision in 1997. That law took custody of fetuses (“unborn children”) by detaining pregnant mothers suspected of abusing drugs.The Wisconsin supreme court struck down a similar law in a split decision in 1997. That law took custody of fetuses (“unborn children”) by detaining pregnant mothers suspected of abusing drugs.
Because the current law is administered through Wisconsin’s juvenile courts, cases involving it are usually kept secret. Loertscher is the second woman in two years to come forward about being prosecuted under the law. Alicia Beltran was also arrested when she was 14 weeks pregnant after she disclosed that she had previously been addicted to prescription painkillers.Because the current law is administered through Wisconsin’s juvenile courts, cases involving it are usually kept secret. Loertscher is the second woman in two years to come forward about being prosecuted under the law. Alicia Beltran was also arrested when she was 14 weeks pregnant after she disclosed that she had previously been addicted to prescription painkillers.
In a case reminiscent of Loertscher’s, authorities appointed Beltran’s fetus, but not Beltran, an attorney, attempted to send her to inpatient drug treatment, and then jailed her.In a case reminiscent of Loertscher’s, authorities appointed Beltran’s fetus, but not Beltran, an attorney, attempted to send her to inpatient drug treatment, and then jailed her.
Courts dismissed the Beltran’s case in 2013, ruling it was moot because she had already been released from jail. Attorneys in Loertscher’s federal civil rights case plan, in part, to argue that continued state monitoring violates her constitutional rights.Courts dismissed the Beltran’s case in 2013, ruling it was moot because she had already been released from jail. Attorneys in Loertscher’s federal civil rights case plan, in part, to argue that continued state monitoring violates her constitutional rights.
“None of us actually can know the full extent of how this law is used against pregnant women in Wisconsin,” said Sara Ainsworth, legal director for National Advocates. “It’s only through women like Tammy and Alicia to know how this law is used and plays out.”“None of us actually can know the full extent of how this law is used against pregnant women in Wisconsin,” said Sara Ainsworth, legal director for National Advocates. “It’s only through women like Tammy and Alicia to know how this law is used and plays out.”