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1.) How many babies are born addicted to drugs in Texas?

1,000 babies per hospital are born with NAS in Texas.

2.) Do they punish the mother (arrest, charges)? Suppose the woman enrolls in and successfully completes a substance abuse treatment program under the supervision of the referring or treating professional. In that case, the mother cannot be charged with child abuse or neglect.

3.) Do they consider it child abuse or neglect? Yes, in the state of Texas, it’s considered child abuse or neglect.

4.) Are they required to go to rehab, and do they follow up after they leave the hospital? Who follows up with the hospital or Child Protective Services? Yes, women with CRT offer substance use treatment services for women and their children. Both parents and babies require a follow-up after leaving the hospital. The CPS caseworkers follow up with the hospital or CPS.

5.) Do they involve child protective services? Yes, with more than 50 percent of child protective cases involving substance abuse, CPS agencies are dependent on the skill of the treatment agencies.

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Garrett's Law

Under the provisions of Act 1176, the term neglect was expanded to include “the causing of a newborn child to be born with:

1) an illegal substance present in the newborn’s bodily fluids or bodily substances as a result of the pregnant mother knowingly using an illegal substance before the birth of the newborn, or

2) a health problem as a result of the pregnant mother’s use before birth of an illegal substance.”

https://healthy.arkansas.gov/wp-content/uploads/NAS_Report.pdf

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1. How many babies are born addicted to drugs in your state? Kayleigh

For 2023, there were 635 babies born substance-exposed

2. Do they punish the mother (arrest, charges)? Emily

The mother can stay with the child in a hospital until the baby is no longer addicted

3. Do they consider it child abuse or neglect? Colton

No, it's not included in child abuse and neglect laws.

4. Are they required to go to rehab, and do they follow up after they leave the hospital? Who follows up with the hospital or Child Protective Services? Raylin

No, mothers do not have to go to rehab automatically. They do not have to follow up after being discharged. They also do not have to follow up with DHHS workers or enforcement.

5. Do they involve child protective services? Kayleigh

State law requires any person who has a reason to believe that a child has been abused or neglected to report their concerns to the Child Abuse and Neglect Hotline

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1. How many babies are born addicted to drugs in your state? There were 635 babies born substance-exposed in 2024.

2. Do they punish the mother (arrest, charges)?

Florida chooses the treatment of the mother over punishment. If it is an infant death, the mother could be arrested for causing the death with severe substance use. The mother could also get charged, but not directly arrested.

3. Do they consider it child abuse or neglect?

It is considered child abuse in the state of Florida. It can be harmful to a developing child's wellbeing and it includes the use of any drug including alcohol and tobacco.

4. Are they required to go to rehab and do they follow up after they leave the hospital? Who follows up with the hospital or Child Protective Services?

The mother is not automatically required to go to rehab if it is not court-ordered or recommended by a family member (Marchman Act). In the state of Florida, the mother will receive immediate resources for care, but if the rehab is court-mandated, she must receive the rehab care. The refusal of rehab can create a loss of parental rights for the mother. No information claims the state of Florida requires follow-up communication.

5. Do they involve child protective services?

In Florida, a hospital must report to Child Protective Services (CPS) if there is substance abuse. DCF would also be involved because of the exposure of substance abuse, the mother could be retained if it is posed to be a danger to herself/the child or fails to claim rehab.

6. Marchman Act

The Marchman Act is a Florida law providing a legal framework for the voluntary or involuntary assessment, stabilization, and treatment of people dealing with substance abuse.

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1. 5 percent of 10,000 babies are born addicted to drugs in Rhode Island.

2. The mom is not punished however, they may be able to receive a different charge under other laws in the state's criminal code.

3. It is not considered child abuse or neglect although any physician or nurse who delivers or cares for the baby when born is required to report the incident of substance abuse during pregnancy to child protective services.

4. Mothers and infants that have been exposed to substance abuse are encouraged to participate in POSC but not required. POSC stands for plan of safe care and includes home visiting, early intervention, and recovery support. POSC is provided by the Rhode Island department of health.

5. A report must be made to child protective services

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1. Name of the state: Illinois -Xavier

2. How many babies are born addicted to drugs in your state?

2.7 NAS cases per 1,000 live births -kyleigh

3. Do they punish the mother (arrest, charges)?

They do not punish the mother nor do they arrest her. Instead they will send her

to rehab, and if she does not get better CPS will take the kid away - Ella Jones

4. Do they consider it child abuse or neglect? They consider it child neglect -kyleigh

5. Are they required to go to rehab and do they follow up after they leave the hospital? Who follows up with the hospital or Child Protective Services? -kyleigh

The mother will be referred to a treatment agency, then CPS will look through your home after the baby is brought home, and if the home is safe, service activities will be given to the family, and the baby will be monitored

6. Do they involve child protective services?yes,if they get a tip over their hotline that a parent or guardian is being abusive or neglectful -Xavier

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1. Around 1,053 cases were reported to be babies born addicted to drugs, and 762 were determined to be Neonatal Abstinence Syndrome.

2. Mothers are not necessarily affected, but they can be punished if baby is born addicted to drugs.

3. Using drugs while pregnant is considered child abuse in Atlanta, Georgia.

4. Rehab is not required, but there will be a wellness checkup/follow up after the baby is born for the mother, household, and child.

5. Child Protective Services are involved and the hospital helps the family plan safe care.

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1. 9.6 in every 1000 babies are born addicted to drugs in New York.

2. The mother will not be criminally charged for using drugs while pregnant, but they will need to get into treatment programs and CPS will continue to be involved.

3. It is not considered Child Abuse/Neglect, but it will trigger CPS to continue to investigate the mother/household to make sure the child is not at risk.

4. Mothers have to go through rehab and they have to go through the OASAS- certified substance use disorder treatment program, which is followed up by the hospital.

5. They do involve CPS, as well as laws and programs that have been designed for child protection.

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Louisiana

1. https://www.americashealthrankings.org/explore/measures/nas/AR

Phina  6/ 1000 babies,

Phina 22/47

Yes the mother is charged with counts of Prenatal neglect, but mothers are not prosecuted.

https://legislativeanalysis.org/wp-content/uploads/2022/10/Substance-Use-During-Pregnancy-And-Child-Abuse-Or-Neglect-Summary-of-State-Laws.pdf - Bella

4. They consider it neglect of a child.

-Nikeya https://legislativeanalysis.org/wp-content/uploads/2022/10/Substance-Use-During-Pregnancy-And-Child-Abuse-Or-Neglect-Summary-of-State-Laws.pdf

The newborn must be referred to an early intervention program to assure compliance with the federal child abuse prevention and treatment act requirement for referral for children under age 3 ho are risk for a developmental delay and/or is a victim of abuse/neglect- MONTAE

6. Heath

Yes, they will contact CPS, and they will visit the house and inspect it to see if it's baby-ready and to see what the mother's plan is for

https://dcfs.louisiana.gov/page/substance-exposed-newborns-reporting

-NIkeya,  Doctors are required to notify the department if they have a newborn that is admitted into their care with withdrawal symptoms.

https://dcfs.louisiana.gov/page/substance-exposed-newborns-reporting

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Maryland

1. On average, how many babies were born addicted to drugs in your state in 2021? -Lily Wilson https://www.americashealthrankings.org/explore/measures/nas/AR

In 2021, the number of hospitalizations for babies born addicted to drugs in Maryland was 1,000 per birth.

https://www.americashealthrankings.org/explore/measures/nas/MD

2. What is the state's ranking? - Mckenna

37/47

3. Does the mother receive charges, or are they arrested? -  MASonn

In Maryland, they do not punish them for using drugs during pregnancy. Instead, they try to support the mother by giving them treatment and therapy. https://dhs.maryland.gov/child-protective-services/risk-of-harm/substance-exposed-newborn/#:~:text=A%20medical%20expert%2C%20like%20a%20doctor%2C%20is,of%20a%20newborn%20who%20is%20a%20SEN.

4. Do they consider it child abuse or neglect?- Mckenna

https://legislativeanalysis.org/wp-content/uploads/2022/10/Substance-Use-During-Pregnancy-And-Child-Abuse-Or-Neglect-Summary-of-State-Laws.pdf

Maryland doesn’t consider it either because the children weren’t abused or neglected; their parents just did drugs while pregnant. But if the parents were using drugs while pregnant and then abused/neglected the child, then yes, they do.

5. Is rehab or treatment required? -Kaylee Fisher

A parent is not directly forced to go to rehab by Child Protective Services (CPS) unless a court order is issued. Parental Addiction and Child Custody

American Addiction Centers

https://americanaddictioncenters.org › family-members

6. Do they involve child protective services (DHS)?- Lily Wilson

Yes, child protective services are indeed involved in these cases. They play a crucial role in ensuring the safety and well-being of children by investigating potential abuse or neglect situations. Their involvement typically includes assessing the environment, providing resources for families in need, and, when necessary, facilitating interventions to protect the child’s welfare

https://dhs.maryland.gov/child-protective-services/risk-of-harm/substance-exposed-newborn/

crhj2

7. Provide any additional Laws regarding drugs and pregnancy, and the story behind them HERE. - Mckenna

https://dhs.maryland.gov/child-protective-services/risk-of-harm/substance-exposed-newborn/#:~:text=The%20Comprehensive%20Addiction%20and%20Recovery,2018%2C%20altering%20the%20reporting%20requirements.

Substance Exposed Newborn Referral Guide- says that a Health Care Provider must report a newborn under 30 days old if the newborn has a positive toxicology screen for a substance. Or if the baby shows the effects of drug use as withdrawal symptoms. Or, shows the effects of Fetal Alcohol Spectrum Disorder (FASD)

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1. On average, how many babies are born addicted to drugs in your state in 2021? https://www.americashealthrankings.org/explore/measures/nas/AR

Rachel: In Michigan, there are six out of every thousand babies born addicted to drugs.

2. What is the state's ranking? - Raynie Redden

Michigan is ranked 22/47

https://www.americashealthrankings.org/explore/measures/nas/AR

3. Does the mother receive charges or are they arrested? - Raynie Redden

The mother is not punished, but if the baby tests positive for drugs, the hospital is required to report it to CPS.

https://michiganadvance.com/2023/09/22/here-are-the-states-that-arrest-and-punish-the-most-pregnant-women/

4. Do they consider it child abuse or neglect? - James Estridge

Under Michigan's CPS it is not sufficient evidence of abuse or neglect because they don’t consider the fetus as a baby until it is born, They can however refer a pregnant mother to substance abuse services and local maternal health services.

https://connection.misd.net/childabuse.html#:~:text=SITUATION%3A%20A%20pregnant%20female%20is%20addicted%20to%20alcohol%20or%20other,or%20neglect%20of%20the%20child.

5. Is rehab or treatment required? - Julian Sosa

Yes, in the state of Michigan there are comprehensive addiction treatment options for pregnant women.

https://rehabs.com/treatment/specialized-treatment/pregnant/?scrlybrkr=ae4f395a

6. Do they involve child protective services (DHS)-olivia yes, but the mother will not get in trouble unless the baby test positive for drugs and if that happens the hospital is required to report it to DHS.

7. Provide any additional Laws regarding drugs and pregnancy and the story behind them HERE.- Olivia Michigan's Child Protection Law does not define a fetus as a child. This means that CPS cannot legally intervene in a case of substance exposure while a person is pregnant.  Also If a newborn tests positive for a controlled substance, a CPS investigation will be initiated to assess the child's safety. Substance use by itself is not enough to prove child abuse or neglect, but parental substance use is considered if it causes harm or places the child at risk.

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“The Great Lakes State” redirects here. For states around the Great Lakes region, see Great Lakes region.

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Ohio

1. https://www.americashealthrankings.org/explore/measures/nas/AR

-Anniston 8.5/ 1000 births

2. What is the state's ranking? - Makayla

32

https://www.americashealthrankings.org/explore/measures/nas/OH

3. Does the mother receive charges or are they arrested?

No

4. Do they consider it child abuse or neglect?- Anniston

Yes, though cases can be screened out if a family care plan has been developed.

https://legislativeanalysis.org/wp-content/uploads/2024/06/Substance-Use-During-Pregnancy-and-Child-Abuse-50-State-Summary.pdf

5. Is rehab or treatment required? - Jaylon

The state of Ohio provides treatment and rehabilitation of any child who is born to a woman who is addicted, at the time of birth, to a drug abuse, and of any child who is born with an addiction to or dependency on a drug abuse.

https://codes.ohio.gov/ohio-revised-code/section-5119.17/9-29-2013

6. Do they involve child protective services (DHS)? - Evie

Yes, Ohio requires a referral of an infant born addicted

https://codes.ohio.gov/ohio-revised-code/section-5119.17

7. Provide any additional Laws regarding drugs and pregnancy and the story behind them HERE. Jaylon

No, it's not considered a crime

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1. On average, how many babies are born addicted to drugs in your state in 2021? -Briana https://www.americashealthrankings.org/explore/measures/nas/AR

1.9 out of 1,000 newborns have neonatal abstinence syndrome.

2. What is the state's ranking? Ciara - Hawaii is ranked 2/47 www.americashealthrankings.org/explore/measures/nas/AR?scrlybrkr=14f0f03f

3. Does the mother receive charges or are they arrested?

"Child abuse or neglect" refers to acts or omissions that have resulted in harm to the physical health or well-being of a child under the age of 18, or in a substantial and reasonably foreseeable risk of harm. Acts or omissions are indicated, for reporting purposes, by circumstances that include, but are not limited to, the following:

4. Do they consider it child abuse or neglect? -Briana

Hawaii considers the use of drugs while pregnant abuse if it is a deadly amount.

Source

5. Is rehab or treatment required?Djabaki-No its a personal preference if you wanna get better for your baby or not source

6. Do they involve child protective services (DHS)?Djabaki-

Yes they do, while the child is in treatment they will involve a case worker to investigate

and check on the baby and mom. The case worker will stay with that case until the baby is healthy and ready for discharge. source

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1~ Over the decade from 2008 to 2017, as the opioid epidemic took hold, the number of drug-exposed infants born per year nearly tripled in California. (Alexis)

2~ 7th-ranked state. (Presli)

3~ The mother will not be arrested or charged for drug use alone. State law does not criminalize substance abuse during pregnancy. (Kenadee)

4~ They will not be arrested or charged for drug use alone. State law does not criminalize substance abuse during pregnancy. (Laiken)

5~ Treatment goes case by case, but there are plans put in place ensuring the caregiver recovers properly. (Alexis + Presli)

6~ In California, CPS does get involved. (Charleigh)

7~ In California, there are no laws stating that substance abuse during pregnancy is a crime. (Charleigh)