Press Statement: Unanimous NJ Supreme Court Decision Affirms that Drug War Propaganda and Junk Science Provides No Basis for Child Neglect and Abuse Finding Against Pregnant Women

 

New Jersey Civil Child Abuse Laws Do Not Authorize State Jurisdiction Over Pregnant Women; Drug Tests Are Not Predictors of Parenting Ability

For Immediate Release
Contact: Lynn Paltrow 212-255-9252
February 6, 2013

Today, in a major victory for New Jersey’s pregnant women and families, the New Jersey Supreme Court announced a unanimous opinion in New Jersey Division of Youth & Family Services v. A.L. recognizing that the state’s child protection laws do not give the Division of Child Protection and Permanency jurisdiction or control over pregnant women and that positive drug tests on pregnant women and newborns do not alone establish neglect.

Executive Summary: Paltrow & Flavin, “Arrests of and forced interventions on pregnant women in the United States (1973-2005): The implications for women’s legal status and public health,” Journal of Health Politics, Policy and Law

January 25, 2013
Executive Summary: Download file.
Published Full Article: Download file.

National Advocates for Pregnant Women’s one-of-a-kind study identifies hundreds of criminal and civil cases involving the arrests, detentions and equivalent deprivations of pregnant women’s physical liberty that occurred between 1973 and 2005, after the decision in Roe v. Wade was issued.

Arrests of and Forced Interventions on Pregnant Women in the United States, 1973–2005: Implications for Women’s Legal Status and Public Health

January 25, 2013
Lynn Paltrow and Jeanne Flavin

Abstract: In November 2011, the citizens of Mississippi voted down Proposition 26, a “personhood” measure that sought to establish separate constitutional rights for fertilized eggs, embryos, and fetuses.

New Study Reveals the Impact of Post-Roe v Wade and ‘Pro-Life’ Measures

On January 15, 2013, the Journal of Health Politics, Policy and Law published a study, "Arrests of and Forced Interventions on Pregnant Women in the United States, 1973-2005: Implications for Women's Legal Status and Public Health," written by Lynn M. Paltrow, NAPW Executive Director, and Jeanne Flavin, Professor of Sociology at Fordham University and NAPW Board President.

NAPW: At the White House and In the Courts

National Advocates for Pregnant Women is committed to the principle that all women, including pregnant women, are human beings who must not be denied their constitutional and human rights, including their rights to equal protection of the law, to health care, and to have decisions about them based on science not stigma.

Press Release: NAPW, 50 Leading Medical, Public Health, and Child Welfare Organizations and Experts To Argue to NJ Supreme Court on Monday that Family Courts Should Insist on Science Not Stigma

FOR IMMEDIATE RELEASE
September 7, 2012
CONTACT: Emma Ketteringham
212-255-9252 or 917-991-4943

50 Leading Medical, Public Health, and Child Welfare Organizations and Experts To Argue to NJ Supreme Court on Monday that Family Courts Should Insist on Science Not Stigma
Junk Science No Basis for Child Neglect and Abuse Finding

TRENTON, NJ (September 10, 2012): On September 10, 2012, at 10:00 a.m., the Supreme Court of New Jersey will hear argument from Lawrence S. Lustberg, Esq.

NYTimes & TIME Magazines Feature NAPW

This weekend, National Advocates for Pregnant Women's work and perspectives are featured in the New York Times Magazine. The story, The Criminalization of Bad Mothers, focuses on pregnant drug using women who are being prosecuted under Alabama's Chemical Endangerment Act - a law intended to punish adults who bring children to environments where illegal drugs are being made.

Victory in NY: Marijuana Use is not Child Abuse

NAPW has, for some time, been encouraging attorneys who represent mothers in civil child neglect proceedings ("family defense lawyers") to challenge neglect and abuse charges based on positive drug tests.

These cases often involve women who give birth and have their newborns taken from them based on nothing more than an unconfirmed positive test for an illegal drug.