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When Self Abuse Becomes Child Abuse: The Need For Coercive Prenatal Government Action In Response To The Cocaine Baby Problem, Kevin Drendel

Northern Illinois University Law Review

This Commentary identifies prenatal drug exposure of infants as a problem with which our society must come to terms. The judicial system is capable of providing solutions, but a void of appropriate legislation hampers that ability. Among the legal vehicles available are criminal laws, child abuse and neglect laws, civil and criminal injunctions, and involuntary commitment laws. A balancing of the maternal, societal, and fetal interests involved can be accomplished on a case by case basis in the absence of enabling and guiding legislation. However, legislation in this highly sensitive area is a better way. This commentary explores the problem, …