Against Compulsory Treatment: No "Quick Fix" For Pregnant Substance Abusers*

Abstract

Recently, pregnant women who use drugs have been subject to strict scrutiny and, in some instances, harsh treatment. Based upon the number of prosecutions of pregnant women that have occurred, it seems the government is prepared to punish the pregnant addict but unwilling to provide the prenatal care that is critical to the health of the mother and the infant. Although civil commitment under a compulsory treatment statute might appear to provide the kind of governmental intervention so desperately needed, it singles out women who are pregnant and subjects them to sanctions not similarly inflicted upon male addicts.