Pennsylvania Law Allows Babies to be Taken From Moms Who Test Positive for Drugs
Filed under Civil Rights News, Pennsylvania Civil Rights News on October 20, 2010ACLU-PA To File Civil Rights Lawsuit Against New Castle Jameson Hospital For Drug Test Resulting In Seizure Of Newborn
Mother had eaten a bagel with poppy seeds the same day her baby was born and tested positive for opiates.
By H. Nelson Goodson
October 18, 2010
New Castle, PA – The American Civil Liberties Union (ACLU-PA) and Elizabeth Mort, 21, are jointly filing a civil rights lawsuit against Jameson Hospital for a test resulting positive for drugs and the seizure of Mort’s newborn. The positive drug test results were reported to county officials as required by state law. The Laurence County Children and Youth Services then took the newborn by the named of Isabella, from her mother three days after her birth on April 27. Isabella was placed in a foster home for five days, according to county officials.
Under a state law that was passed three years ago, House Assembly Bill 2760 (state Act 146, 2006) allows hospitals to test the mother for drugs. If the mother fails the test, county officials are notified and the newborn is then taken from the mother or removed from the home.
The hospital takes a blood test from all mothers giving birth for the drug test. The ACLU says, the hospital is actually using low levels of drug traces in the mother’s blood as a determining factor to notify county child services about the drug test results.
Jameson Hospital (Jameson Health Systems) officials say, the hospital had 500 births last year and tests results only discovered that at least five mothers in paternity had tested positive.
