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Prosecutor Targets Pregnant Addicts in Alabama
March 17, 2008

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Women who have given birth in Alabama to children with traces of illicit drugs in their bodies have been arrested and charged with child abuse, sometimes within a day of delivery, the New York Times reported March 15.

Tiffany Hitson, 20, was recently released from prison after spending a year behind bars because doctors found traces of cocaine and marijuana in her newborn daughter. She was among the women targeted for prosecution by Greg A. Gambril, a district attorney in southern Alabama.

In addition to leveling criminal charges against new mothers, Gambril also has charged women with child endangerment for using illicit drugs during pregnancy. Similar tactics have been thrown out of court in states like New Mexico and Maryland, but in southern Alabama many women have been reluctant to even challenge the charges in court because they fear greater public exposure in their tight-knit communities.

"In my jurisdiction, a baby being born dead because of drug abuse is a huge deal," said Gambril, who contends that he has a duty to protect unborn fetuses as well as infants.

"When drugs are introduced in the womb, the child-to-be is endangered," Gambril said.  "It is what I call a continuing crime." He said that the state's child endangerment statute was intended to provide a drug-free environment for children and added, "No one is to say whether that environment is inside or outside the womb."

Rachel Barfoot was charged with child abuse after she told a probation officer she was pregnant, then tested positive for cocaine. Police records show that local doctors often cooperate with police investigating their patients. "In Covington County, I don't think they're interested in helping mothers," Hitson said. "They're just sending people straight to prison. It doesn't help their drug problems."

COMMENTS ON THIS ARTICLE:

Posted by Mchele on 29 Mar 08 06:38 PM EDT
I wonder if this prosecutor is also charging industries that are polluting Alabama's air, water and soil with poisons, pesticides, mercury, ethanol (all known to damage a fetus) with felony child abuse or is it just mothers with the disease of addiction?

Posted by Thomas Fraga on 19 Mar 08 11:46 AM EDT
This posting is in support of the Middle of the Road Approach and the most Restorative in support of the unborn and born child who is the main concern. How many foster homes are willing to take care of a drug sick, possible HIV or other related issues for infants, when the mothers abandon them back to there drug related environment. I have had more than my share of a parent turning over a child to me, because they can't take care of themselves and a child while on drugs. States that support Family courts should make this a part of there venue. In support and response to Ms. Eccleston submission; Posted by Laurie Eccleston on Mar 18, 2008 09:49 AM EDT I believe both the child and the mother need to be served. The mother should be remanded by the court to immediate treatment and have 6 months to demonstrate she can remain clean and sober. She should have as much contact as possible to ensure bonding with the baby while in treatment. If she does not comply with treatment and the help offered with housing, vocational training etc. then her parental rights should be terminated and the baby given a chance to bond with a healthy family.

Posted by uru on 19 Mar 08 09:27 AM EDT
Punishment as negative reinforcement is only another form of moral terrorism. What is next, women banned from having sex because they might become pregnant and thus passing on some other heriditary disease? Or people falling below a certain level of the poverty line prohibited from keeping their children becasue they will not be able to provide at a particular material level? Has the state offered overwhelming assistance to women whom are pregnant and percieve they have an addiction? The last thing, I believe, any addict or abuser needs is more harsh judgement. They beat the heck out of themselves just fine. Lets just bully them around a little more to make ourselves feel like we have done something wonderful for the little inocent children when all we have really done is continue the pain and confussion. On the other hand at what point do we allow someones issues as individualized problems to be excused of responsibilities to their imediate comunity?

Posted by Trudy Medeiros on 19 Mar 08 09:21 AM EDT
Rehab/detox and extended care need to be in place for the mother with her child or children. Also, financial help so the family does not lose their housing, etc. within their community. Separation of the child from his/her mother is not in their best interest. Programs to shelter and treat the family would be the most logical answer. We need to remember that addiction is a disease that no one asks for.

Posted by Melissa on 18 Mar 08 10:29 PM EDT
I think these women should be arrested and sentenced to mandatory treatment. Do you realize the long term effects that drugs have on babies, not to mention the agonizing withdrawals they experience after birth. These children have higher risk for developmental disabilities, RAD, SIDS etc... They will be separated from the mother when they are kept in the NICU for weeks or months withdrawing from the drugs they were subjected to by their "mothers". If a mother gave a toddler cocaine, I'm sure she'd be charged!! www.HARMD.org

Posted by Rhonda Breed on 18 Mar 08 11:30 AM EDT
Drug use by a pregnant woman is terrible but separating a mother and child is far worse. The long-term effects of "traces of cocaine and marijuana" are nowhere near as harmful as the long-term effect of a mother and child not bonding. The psychological and sociological implications are mind numbing. Shame on the prosecutor for his narrow-minded approach to drug abuse. Do they also test for alcohol abuse? Likewise, would they prosecute a mother who allowed a physician to dismember and evacuate an unborn fetus. After all, "he has a duty to protect unborn fetuses as well as infants." You can't have it both ways.

Posted by Laurie Eccleston on 18 Mar 08 09:49 AM EDT
I believe both the child and the mother need to be served. The mother should be remanded by the court to immediate treatment and have 6 months to demonstrate she can remain clean and sober. She should have as much contact as possible to ensure bonding with the baby while in treatment. If she does not comply with treatment and the help offered with housing, vocational training etc. thenher parental rights should be terminated and the baby given a chance to bond with a healthy family.

Posted by Juidht Morales on 18 Mar 08 09:40 AM EDT
If Mr. Gambri really wants to help the baby, he'll start by helping the mother. Substance use during pregnancy is a cry for help. Substance use disorders require professional treatment by experts, not by imprisonment. Build the treatment centers and they will come.

Posted by Frank Plunkett on 18 Mar 08 08:16 AM EDT
As much as I detest the fact that these ladies are hurting their children, I think it is cruel and unusual to jail the mothers immediatly after birth. What about the baby and the lack of contact with the mother?

Posted by Barbara Bowman on 17 Mar 08 03:22 PM EDT
While the health and safety of the unborn child is definitely of concern, let's not lose sight of what "addiction" really means and how it affects the life of the pregnant woman. Let's help, not punish.

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