Pubdate: Fri, 09 Feb 2007
Source: Billings Gazette, The (MT)
Copyright: 2007 The Billings Gazette
Contact:  http://www.billingsgazette.com/
Details: http://www.mapinc.org/media/515
Author: Associated Press
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/women.htm (Women)

HOUSE OPTS AGAINST MAKING METH PREGNANCIES A FELONY

CHEYENNE - The House on Thursday backed away from the prospect of 
imposing felony prosecutions on mothers who expose their newborn 
children to methamphetamine in the womb.

Instead, the House adopted a sweeping amendment drafted by Majority 
Floor Leader Colin Simpson, R-Cody, that expands the definition of 
abuse under the Child Protective Services Act to include prenatal 
exposure to methamphetamine. The House then passed the bill 39-21 on 
final reading.

The change means that a mother who exposed her newborn to the drug 
during pregnancy could be referred to drug court. The drug court, in 
turn, could order the woman to get treatment, and any violation of 
such an order could land the woman in jail for up to 90 days.

A felony conviction under the earlier version of the bill could have 
resulted in prison sentences. Although the amendment removed the 
prospect of felony prosecution for meth mothers, the revised bill 
could still result in mothers losing custody of their children to the state.

Critics of the bill said they are concerned that the legislation 
threatens to deter drug-addicted women from seeking necessary medical 
care for themselves and their children. Public health professionals 
from around the country wrote to Wyoming legislators this week urging 
them to oppose the original bill on the grounds that it would 
discourage women from seeking medical care.

Rep. Elaine Harvey, R-Lovell, is the main sponsor of the legislation. 
She said after the House vote that she was pleased to see the bill 
move forward after years of working on the issue.

"A whole group of children in Wyoming are going to be better off," 
Harvey said. "I think a lot of times the legislation we pass is not 
perfect, but I think this is going to give it a good shot at solving 
the problem."

Harvey said officials at the Wyoming Department of Family Services 
have told her substance abuse issues forced the state to put 72 
children into placements outside of their homes from 2003 through 2005.

Rep. Liz Gentile, D-Evansville, said during debate in the House that 
she has served on the Natrona County Child Protection Team. While she 
said the world would be a better place without any illegal drugs, she 
said she still opposed the bill.

"I think going down this road is going to deter women from seeking 
help," Gentile said.

Rep. Sue Wallis, R-Recluse, said she favored removing the felony 
penalty language, but she opposed the bill nonetheless.

"Ultimately that crime is still going to cause women to avoid the 
care that they need, and babies the care that they deserve," Wallis said.

"Let's not instill the fear that if I go to the hospital to have my 
baby that my baby is going to be jerked out of my arms and given to 
someone else."

Rep. Tom Lubnau, R-Gillette, said he has represented hospitals in his 
work as a lawyer. He said when they get babies who have been exposed 
to methamphetamine, he tells them to "do the right thing - call 
Family Services."

Lubnau said the bill would provide legal protection to doctors and 
health care workers who take it upon themselves to call the state 
when they see a child they suspect has been exposed to methamphetamine.

Rep. Marty Martin, D-Rock Springs, said he supported the amendment to 
take the violation out of the realm of the state's criminal code. He 
said it's unfortunate the House had to debate the issue.

"Methamphetamine is a huge issue all across the state," Martin said. 
"I agree with the sponsor of the bill; it's something that we need, 
and we need it now."

Brenda Ilg, lobbyist with NARAL Pro-Choice Wyoming, said her group 
intends to oppose the bill as it moves through the Wyoming Senate. 
"Coerced treatment just doesn't work," she said after the House vote.
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MAP posted-by: Beth Wehrman