Pubdate: Wed, 04 May 2005
Source: Spartanburg Herald Journal (SC)
Copyright: 2005 The Spartanburg Herald-Journal
Contact:  http://www.goupstate.com/
Details: http://www.mapinc.org/media/977
Author: Lynne Powell
Bookmark: http://www.mapinc.org/rehab.htm (Treatment)
Bookmark: http://www.mapinc.org/women.htm (Women)
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)

PLAN TO HELP DRUG-ADDICTED MOTHERS

The 7th Circuit Solicitor's Office on Tuesday introduced a uniform plan for
treating drug-addicted mothers -- and for prosecuting them if they don't
complete treatment.

Hospitals, police agencies and social service providers in Spartanburg
and Cherokee counties have agreed to the procedures, which prosecutors
are calling "Tough Love."

The plan was developed after Solicitor Trey Gowdy discovered, after a
Gaffney mother was charged last year with child neglect, that agencies
had no consistent policy on the treatment of drug-addicted mothers and
newborns.

Some mothers whose babies tested positive for drugs were being
reported to law enforcement, and others weren't.

Gowdy formed a Drug Baby Task Force comprised of law enforcement,
prosecutors, health care professionals and representatives from the
alcohol and drug abuse commission to develop a plan of action.

It's important, Gowdy said, that all women who want to kick a drug
habit are treated the same and are given treatment options before they
face jail time.

The process, unveiled at a news conference Tuesday, applies to women
in the third trimester of pregnancy and those whose newborns tested
positive for drugs.

The hospital where the woman or the newborn tests positive for drugs
will report the incident to the state Department of Social Services,
who will notify law enforcement, the solicitor's office and the
alcohol and drug abuse commission.

The commission will develop a treatment plan for the woman, either an
intensive outpatient plan or an inpatient plan.

The woman will be subject to at least three drug tests per week.

"The emphasis on treatment is not a free-pass to offend," said Sara
Ganss, an assistant solicitor who prosecutes cases in Drug Court.
"There has to be a genuine interest on the mother's part to kick their
drug habit, otherwise the state will prosecute."

If the woman fails to show up for treatment or tests positive for
drugs, law enforcement and the solicitor's office are notified and the
woman is prosecuted through Drug Court.

The Drug Court judge will issue a prison sentence, suspended while she
completes another treatment program. If the woman completes that
program, her prison sentence is lifted. If she again fails to complete
treatment, she is required to serve the prison term.

Ganss said this process isn't an option for mothers who don't want
treatment or for mothers who have had more than one baby test positive
for drugs. Those cases will be referred to the solicitor's office for
direct prosecution in General Sessions Court.

Ray Trail of DSS and Dr. Thomas Allred, a neonatal specialist at Mary
Black Memorial Hospital, support the new process.

"Past experience has shown that programs which focus on prosecution of
mothers who abuse drugs during pregnancy act as a barrier to good
prenatal care," Allred said.

"The Solicitor's Office has developed a policy that places emphasis on
helping mothers with drug problems deliver healthy babies, reserving
punitive action for those cases where all else fails."

Ganss said protecting the innocent, particularly viable fetuses and
newborns, poses a challenge to prosecutors.

"By putting more muscle, like Drug Court, behind treatment options, we
can do right by these innocent victims of drug abuse," Ganss said.

"And for women who refuse help or re-offend, we can pursue punitive
measures quickly and uphold the law."

Women who test positive during their first or second trimesters or
those who need help to overcome their drug addiction will be referred
to their county health department.

Spartanburg Public Safety Director Tony Fisher said the Seventh
Circuit's protocol could be a model for others in the nation to follow.

"The fact that treatment is offered before offenders are prosecuted is
a step in the right direction for this kind of problem," Fisher said.
"This is can really make a difference."
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MAP posted-by: Larry Seguin