Pubdate: Tue, 21 Dec 2004
Source: Spartanburg Herald Journal (SC)
Copyright: 2004 The Spartanburg Herald-Journal
Contact:  http://www.goupstate.com/
Details: http://www.mapinc.org/media/977
Author: Lynne Powell
Bookmark: http://www.mapinc.org/women.htm (Women)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

GOWDY WANTS DRUG MOMS

Solicitor Trey Gowdy plans to prosecute mothers whose newborns test
positive for drugs unless they have successfully completed a drug
treatment program.

Gowdy sent a letter on Dec. 2 to area hospitals asking for their
reporting procedures on pregnant women and newborns who test positive
for a controlled substance.

According to Ray Trail, director of the Spartanburg County Department
of Social Services office, his agency has a drug review board that
meets monthly to look at such cases.

In most cases, Trail said, the mother is placed in a treatment program.

But there are no criminal consequences if the woman fails DSS-ordered
drug tests or doesn't complete the program, although DSS agents decide
whether the mother retains custody of her child.

"My concern is that treatment doesn't work all of the time," Gowdy
said. "In fact, it doesn't even work most of the time, and there
should be consequences when these mothers continue to use drugs."

Angela Kennedy of Spartanburg was sentenced to five years in prison
earlier this year after she tested positive for cocaine during three
pregnancies in five years. Her third pregnancy ended after her baby
was stillborn in December 1998.

Last week, a judge sentenced Pamela Cruz-Reyes to four years in prison
after she and her newborn tested positive for cocaine. Cruz-Reyes had
tested positive for drugs four times throughout her pregnancy and
refused treatment.

"I have two ladies sitting in jail right now for ignoring treatment,
the same thing others have done and are getting away with," Gowdy said.

The solicitor said he wants mothers who have a drug problem to be
placed in a treatment program and given random drug tests.

Under his plan, if the woman fails a drug test or doesn't complete the
program, she would be prosecuted in drug court and her sentence would
be aggressive treatment.

If the woman doesn't complete the more intensive drug treatment
program, she would receive a jail sentence.

"In essence, the mother will get two bites at the treatment apple and
then she'll face further consequences," he said.

"As it stands now, I'm not being made aware (of these cases)," Gowdy
said, reiterating that a mother who seeks treatment and completes a
program won't be criminally prosecuted.

Gowdy said he'd also ask that a prosecutor from his staff join the DSS
review board.

Art Stephenson, director of the Cherokee County DSS office, said that
to his knowledge, agents notify law enforcement each time they report
to the hospital where a newborn has tested positive for drugs.

But Cruz-Reyes' is the only case in at least four years where DSS
notified law enforcement of a positive drug test, even though
Cruz-Reyes' 2-year-old tested positive for cocaine when she was born.

Stephenson said he was unaware of that instance.

"The number one goal should be for a healthy expectant mother to
deliver a healthy child," Gowdy said. "If a woman chooses not to get
treatment for her drug problem, I'm not going to ignore that."
- ---
MAP posted-by: Larry Seguin