Law's One-Word Change Results in Babies Being Taken

New moms following doctors' orders to take anti-addiction meds are losing custody
By John Johnson,  Newser Staff
Posted Jul 1, 2023 5:30 AM CDT
Law's One-Word Change Results in Babies Being Taken
Stock photo.   (Getty/gorodenkoff)

A story in the New York Times Magazine illustrates a nightmare situation encountered by thousands of new moms across the US: They risk losing custody of their newborns because they're following doctors' orders and taking anti-addiction medication. The story by Shoshana Walter traces the issue to a 2016 federal law enacted in response to the epidemic of opioid addictions, specifically to a "one-word change" in existing child-care policy. In years past, hospitals were obligated to report when newborns were "affected by" illegal drugs. The Comprehensive Addiction and Recovery Act of 2016 law removed "illegal" from the stipulation, meaning that moms taking prescribed anti-addiction drugs such as Suboxone—considered safe for pregnant women by the medical establishment and the CDC—get flagged as well to child services.

The law is federal, but states can apply it as they see fit, and the story recounts case after case of moms losing custody, sometimes temporarily, sometimes permanently, because caseworkers deemed the women unfit to be mothers. "It's like a sick game," says an Oklahoma woman who lost custody of her baby for eight months. "They don't want you on illicit street drugs, so here, we're going to give you this medicine. But then if you take this medicine, we are going to punish you for it and ruin your family." Nobody tracks how many children have been removed nationwide, and most states don't provide their own data or keep it under wraps. The story, though, counts at least 16 babies removed permanently in situations involving medication-assisted treatments, or MATs. Read the full story. (Or check out other longform stories.)

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