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PA Court Rules Mothers’ Drug Use In Pregnancy Not Child Abuse


HARRISBURG (AP) – Pennsylvania’s highest court says mothers who use illegal drugs while pregnant can not be considered perpetrators of child abuse against their newborn children under the state’s child protection law. The court’s main opinion says the law’s definition of a child doesn’t include fetuses or unborn children, and it says victims of perpetrators must be children. Two justices who dissented say what should matter is when the injury manifests itself, and that can be after the child is born. The case involved a child who spent 19 days in Williamsport Hospital last year after birth being treated for drug dependence that caused severe withdrawal symptoms. The mother’s lawyer calls the decision a victory for public health and the rights of women and children.