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Sugar Cookie

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Pennsylvania’s highest court says mothers who use illegal drugs while pregnant can’t be considered perpetrators of child abuse against their newly born children under the state’s child protection law.

The court's main opinion issued Friday says the law's definition of a child doesn't include fetuses or unborn children, and it says victims of perpetrators must be children.

Two justices who dissented say what should matter is when the injury manifests itself, and that can be after the child is born.

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.
https://www.pennlive.com/news/2018/12/drug-abuse-in-pregnancy-isnt-child-abuse-pa-court-rules.html
 

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The decision a victory for public health and the rights of women and children.
a defense atty has to say that crap but how does that "victory" affect the rights of children born addicted?
the decision is based on the wording of the law. If the legislature changes the definition to include fetuses will the same lawyer claim its bad for public health?
And what about the rights of a man who watches the mother of his child take drugs. OK, maybe there aren't many of those men, but possible!
 
Fine don't hold them accountable but do not allow these bitches to retain custody of said child/ren and give them tax payer dollars to (not) care for them.
 
Fine don't hold them accountable but do not allow these bitches to retain custody of said child/ren and give them tax payer dollars to (not) care for them.

This is about abortion ... not drugs right ? Like if they call it child abuse they have to call abortion murder.
 
This is about abortion ... not drugs right ? Like if they call it child abuse they have to call abortion murder.
Its already illegal to murder any unborn child in Pennsylvania:
Pa. Cons. Stat. Ann. tit. 18 § 106 and § 1102 et seq. define classes of offenses, including crimes against an unborn child and provide penalties. Section 1102 was amended in 2008 to provide for the sentence of the first degree murder and second degree murder of an unborn child (2008 HB 1845). Section 1102.1 was created in 2012 by Pa. Laws, Act 204 (SB 850) to provide for the sentence of a person under the age of 18 for certain offenses, including murder of an unborn child.
Pa. Cons. Stat. Ann. tit. 18. § 2601 et seq. define crimes again an unborn child, including criminal homicide, murder, voluntary manslaughter, and aggravated assault of an unborn child. Unborn child is defined as in § 3203, to mean an individual organism of the species Homo sapiens from fertilization until live birth.
and abortion in Pennsylvania is illegal after the 24th week. So I'm thinking logically, if the mother does not get an abortion by her 24th week and she decides to put substantial amounts of toxins in her body that harm's the child she should be held criminally liable for child abuse. There is no reason not to hold a women responsible for the health of her child if she has decided, or has been place in a position, to carry a child to term. Intentionally harming a child with potentially lifelong ailments should not be legal, which according to the Pennsylvania State Supreme Court, it currently is.
 
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@Craygor thanks ... i was just supposing.
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On the plus side more woman might seek out supports if they know they will not be criminalised for it. These kids are doomed when their moms are pretty much dead inside.
 
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I’d rather see pregnant women get treatment than jail time. Prisons are not equipped to provide substance abuse treatment and obstetric care— both of which offer better outcomes for child and mother.

Also women are more than just baby makers. Criminalizing them for bad decisions while pregnant treats women like brood mares.

Plus it’s a slippery slope: once you outlaw pregnant women ingesting harmful substances, where do you draw the line? They’re advised not to eat shellfish or tuna, not to drink any amount of alcohol, not to smoke. Some medications are bad for the fetus but necessary for mom’s health: now what? I was criticized for taking my asthma meds while pregnant because they aren’t good for the baby— I retorted that if I stop breathing that’s even worse for the baby!

Women should not be treated like simple uteruses because some of them make bad decisions. That’s like saying all guns should be confiscated because some gun owners kill people.
 
Plus it’s a slippery slope: once you outlaw pregnant women ingesting harmful substances,

I don't think it's merely harmful substances but illegal and deadly substances. So this law says that the mother can do whatever the hell she wants and as long as her baby is not born addicted or with birth defects because she did these things then it's okay, but she can't have an abortion because that's killing a living potentially breathing human being. Doing illegal and deadly substances while pregnant could essentially amount to the same thing but it's not illegal, but an abortion in a clinic/hospital setting is.

Just pointing out the idicy here.
 
I don't think it's merely harmful substances but illegal and deadly substances. So this law says that the mother can do whatever the hell she wants and as long as her baby is not born addicted or with birth defects because she did these things then it's okay, but she can't have an abortion because that's killing a living potentially breathing human being. Doing illegal and deadly substances while pregnant could essentially amount to the same thing but it's not illegal, but an abortion in a clinic/hospital setting is.

Just pointing out the idicy here.

In order for anyone to put poison in their body like that there has to be some type of disconnect ... I don't think we can reasonably expect a woman to protect her unborn children if she is not capable of caring for herself, or protecting herself. So the expectation that she does or starts just because she is pregnant is skewed.
 
This law does not protect children whatsoever

Well hating on their mothers doesn't help either. I fucking hate feminists !!!

This whole conversation is obscene ... do you know how much money these assholes got paid to

sit around a table and talk about this and come to this determination.

These mothers are like serial killers ... they don't fall from the sky, the same assholes (system)

made them.
 
I think that if a child is born with a positive toxicology her rights should be terminated.

Why does an innocent child have to be destroyed because society places more value on the mother.
 
I think that if a child is born with a positive toxicology her rights should be terminated.

Why does an innocent child have to be destroyed because society places more value on the mother.


Why should a child have to grow thinking she was abandoned for drugs when recovery is possible.

I hate feminists:

The feminists: We can do what ever we want !

The feminists: Burn her !
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And according to this decision, the current law doesn't cover pregnant junkies.

I think the law just did cover pregnant junkies !!!
 
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Why should a child have to grow thinking she was abandoned for drugs when recovery is possible.

I hate feminists:

The feminists: We can do what ever we want !

The feminists: Burn her !

1. An infant would not be aware that they were abandoned.
2. Children being returned to drug abusing parents has not always turned out to good. Pick a story on the DD
3. Children languishing in foster care and than discharged to homelessness is not in the best interest of society.
 
1. An infant would not be aware that they were abandoned.
2. Children being returned to drug abusing parents has not always turned out to good. Pick a story on the DD
3. Children languishing in foster care and than discharged to homelessness is not in the best interest of society.

Infants grow up, secrets are bad ... some people change their lives ... its easier to do, on the outside with support than it is in prison or accumulating charges, this law addresses this, Not every kid languishes in foster care or is discharged to homelessness ... discharged to homelessness ??? ... fucking obscene. There's a sure plan to fail right there.
 
Ok. So I was one of those mothers that used while pregnant with my daughter. Not something I like to admit... but its true. I was self loathing, angry and obviously selfishly stupid. All things I can admit to and know full well how shitty of a person I was.
When my 8lb 10oz daughter was born she automatically went through withdrawls. Her breathing was rapid and labored. She wouldn't eat and kept throwing up. I wasn't allowed to hold her and had to just sit and watch. CPS came in and took both my kids. They held an intervention where I had to admit to every family member and close family friend that I used and did so while pregnant. I agreed to go to treatment which they allowed me to take my baby girl but I had to leave my son with my parents.
Away I went for 6 months. And what do I do when I get back? Get high. Both kids, gone. Family abandoned me. All I had was my "friends" who got me high and myself. CPS offered me one last chance. Go back to treatment by yourself and you might see your kids again. In the end it took me a total of 3 years and some months to get my kids back. But it wasn't until I was forced to be alone, fighting myself and for my kids to see the light so to speak.
My point to all this is.... there is a level of detachment to use while pregnant. At the same time there is also the justification that an addict uses to make it all ok in their head. I never intentionally set out to hurt my baby and I didn't think about it until I saw it before my eyes... and still further down the road I used again. Really its up to the mother if she is willing to put forth the effort. I learned you can't force a person to want to be a better person. You can't really force an addict to be clean. From what I've seen it only lasts til they think the coast is clear... off probation, CPS or whatever. It took me over 3 years to get myself back on track. And of the 36 women I was in 10 months of inpatient treatment with... only 5 of us still have our kids.
 
Why should a child have to grow thinking she was abandoned for drugs when recovery is possible.

I hate feminists:

The feminists: We can do what ever we want !

The feminists: Burn her !
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I think the law just did cover pregnant junkies !!!
Lol, I'm not sure what feminists you've been talking to, but that's not what feminism is about. Just sayin'.
 
obviously selfishly stupid. All things I can admit to and know full well how shitty of a person I was.

Don't be so hard on yourself.
My point to all this is.... there is a level of detachment to use

PERIOD .... even if you're not pregnant. There is a level of detachment.
At the same time there is also the justification that an addict uses to make it all ok in their head. .
I don't think you can justify instinct. If a dog has a sore tail ... he chews it off.

You can't really force an addict to be clean. From what I've seen it only lasts til they think the coast is clear... off probation, CPS or whatever.
From my own experience I see a gap in support here. In order for recovery to work the plan needs to include more than obligations to the courts and CPS or court mandated therapy. There needs to be other opportunities for success via education and jobs.
Recovery is one day at time, but long term comprehensive plan is what works best. Court supports ... therapeutic supports ... vocational supports for jobs and education.
 
It's just legally impossible. You cannot force woman to do anything to protect unborn children nor can you prosecute them for behaviour before the child is born.
Even in the case of a glue sniffer who disabled two previous babies taken immediately into care, the third pregnancy CPS tried to get the court to involuntarily admit her to an instition in order to stop her huffing and disabling this child.
It was granted. She was admitted. She appealed and was released. The baby was born disabled.
It's horrific but a precedent can't be set because of the ramifications.
You can't enforce control over a woman's pregnancy.
 
From my own experience I see a gap in support here. In order for recovery to work the plan needs to include more than obligations to the courts and CPS or court mandated therapy. There needs to be other opportunities for success via education and jobs. Recovery is one day at time, but long term comprehensive plan is what works best. Court supports ... therapeutic supports ... vocational supports for jobs and education.

Amen.
 
From my own experience I see a gap in support here. In order for recovery to work the plan needs to include more than obligations to the courts and CPS or court mandated therapy. There needs to be other opportunities for success via education and jobs. Recovery is one day at time, but long term comprehensive plan is what works best. Court supports ... therapeutic supports ... vocational supports for jobs and education.
We can feel better about ourselves talking about what ought to be done, but the addict has to be willing to change, and most of the stories we see here are not about those who are trying to overcome their problems, either for themselves or their children.
More government funding, grants, therapies, counseling, vocational training won't make a difference to most of the abusers we read about on DD.
 
I think the moral of this story is maybe we should be passing out IUDs like candy canes so that junkies (and future child abusers for that matter) don't get pregnant in the first place.
 
We can feel better about ourselves talking about what ought to be done, but the addict has to be willing to change, and most of the stories we see here are not about those who are trying to overcome their problems, either for themselves or their children.
More government funding, grants, therapies, counseling, vocational training won't make a difference to most of the abusers we read about on DD.


But if a comprehensive plan existed, one that works, perhaps people would seek out supports sooner. A plan to stop criminalising these women looks like a step in the right direction from here.
 
That's one hell of a minefield to tip toe around. Give a fetus legal rights and then you open the door to abortion challenges which NO ONE wants in this increasingly polarized era.
 
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