Pennsylvania Court rules Mothers' Drug Use while Pregnant isn't Child Abuse

the pennsylvania supreme court ruled on december 28 mothers who use illegal drugs while pregnant cannot be considered perpetrators of child abuse towards newborn children under the state's child protection law.

the court's main opinion said the law's definition of a child does not include fetuses or unborn children, and victims of perpetrators must be children under the child protective services law (cpsl).

"the fact that the actor, at a later date, becomes a person who meets one of the statutorily-defined categories of a 'perpetrator' does not bring her earlier actions - even if committed within two years pf 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.

in december 2017 supreme court justice geoffrey moulton submitted an opinion, stating a mother's substance abuse while pregnant "may constitute child abuse" if child welfare authorities can prove she "intentionally, knowingly or recklessly caused, or created a likelihood of, bodily injury to a child after birth."

while a judge said he agreed with moulton's opinion, he challenged it by stating,"there is also no doubt that most pregnant women who use illegal drugs during their pregnancies do so not because they wish to harm their child, but because they are addicted to the drugs."

the case involves a child who spent 19 days in williamsport hospital last year after birth being treated for drug dependence that caused severe withdrawal symptoms. the mother's lawyer calls the decision a victory for public health and the rights of women and children.