24
New York
North Carolina
North Dakota X
Ohio X
Oklahoma X
Oregon
Pennsylvania
Rhode Island X
South Carolina
X
a
South Dakota X X
Tennessee
Texas X
Utah X
Virginia X
Washington X
West Virginia
Wisconsin X X
TOTAL 24+DC 3
a
e Alabama Supreme Court held that drug use while pregnant is considered chemical
endangerment of a child. e South Carolina Supreme Court held that a viable fetus is a "person"
under the state's criminal child-endangerment statute and that "maternal acts endangering or likely
to endanger the life, comfort, or health of a viable fetus" constitute criminal child abuse.
b
Indiana law prohibits a medical provider from releasing information about a pregnant woman's
drug or alcohol test without her consent.
c
Priority applies to pregnant women referred for treatment.
d
Establishes requirements for health care providers to encourage and facilitate drug counseling.
e
Missouri child abuse law considers a parent to be unfit if the woman tests positive for substances
within 8 hours aer delivery and she has previously been convicted of child abuse or neglect or if
she failed to complete a drug treatment program recommended by Child Protective Services.
f
West Virginia substance use providers that accept Medicaid must give pregnant women priority in
accessing services.
g
Wisconsin provides priority access to pregnant women in both general and private programs.
Table 5. State Policies on Substance Use During Pregnancy
(cont'd)
State
Substance Use During
Pregnancy Considered:
Child Abuse
Grounds for Civil
Commitment
Part 6: Special Populations
