Pubdate: Thu, 26 Oct 2000 Source: Plain Dealer, The (OH) Copyright: 2000 The Plain Dealer Contact: 1801 Superior Ave., Cleveland, OH 44114 Website: http://www.cleveland.com/news/ Forum: http://forums.cleveland.com/index.html Author: Amanda Garrett Note: Plain Dealer reporter John Coyne contributed to this article. BABY BORN WITH DRUGS IS ABUSED, COURT RULES Mothers who give birth to babies testing positive for illegal drugs have committed child abuse, the Ohio Supreme Court ruled yesterday. The court, in a 5-2 ruling, said the mothers are not criminally liable under Ohio law, which has a different standard for a fetus and a child. But its decision opens the door for civil liability and offers more powerful legal ammunition for family services agencies seeking permanent custody of such babies. What effect the ruling may have on mothers and babies is unclear. Many social service agencies across the state, including Cuyahoga County's, already label many such newborns as abused. And though not every judge has agreed with that label - until yesterday's ruling there was no case law to support the practice - the objections rarely mattered. Social services agencies could win custody for many other reasons. "So all this is going to do, really, is make it easier to prove that it's abuse," said Yvonne Billingsley, an assistant Cuyahoga County prosecutor who supervises the 29 other prosecutors who work exclusively on behalf of Children and Family Services. "The bigger question is, now, what do we do" about pregnant women using drugs? she said. The Supreme Court ruling is based on a 1998 case in which the Stark County Department of Human Services sought and won custody of a Canton newborn named Lorenzo Blackshear. According to court documents, hospital officials tested Lorenzo's blood after they noticed how "jittery" he was. When tests revealed cocaine in the baby's system, they reported it to county social services officials. Paula M. Sawyers, a Stark County prosecutor, said after the ruling yesterday that it was clear Lorenzo was abused by his mother, Tonya Kimbrough. At the time, the county had already taken custody of her first child for the same reason, Sawyers said. Lorenzo was her second child born with cocaine in its system. And now, the county is in the process of taking custody of Kimbrough's third child, who tested positive for cocaine when the baby was born a few months ago, Sawyers said. "This is really a very big problem for families," Sawyers said. There are about 100 babies born with drugs in their systems reported each year in Stark County, she said. Of those, the county seeks and wins custody of about half. Lorain County reports taking custody of about 10 such newborns a year. The number of children in Cuyahoga County is much higher, Billingsley said, but the percentage of those taken is about the same, half. Social workers make many of the decisions. In Cuyahoga County, for example, they are dispatched to a hospital within an hour or two of being notified. Over the next 72 hours, the social workers investigate: Does the baby's mother have strong support from her family? Is the mother willing to seek drug treatment? Has the mother had other babies with drugs in their systems? Plain Dealer reporter John Coyne contributed to this article. - --- MAP posted-by: Jo-D