Secondly, no constitutional rights are being violated.  Despite what the NY Times reported, doctors are cooperating, but only under subpoena or court order.  The cases that come to us come in two forms:  either an expectant mother who is on probation for a felony offense fails a routine urinalysis while reporting to her probation officer or a mother gives birth to a child with drugs in its system and the hospital reports it to the Department of Human Resources (which is required by law in most states) who in turn must report it to the District Attorney (which is required in most states).  Our doctors here fully respect the patient-doctor confidentiality privilege and we have never asked one to breach it.  These are not cases that we seek out; these are cases that come to us.  Again, some thing that was told to the NY Times, but not reported.

Next, my "continuing crime" assertion was not summarized the way that it was given.  The argument that was made is that when a mother abuses drugs, the child that is within in her is exposed to the chemicals.  This is a child that will ultimately be born and that is who the law seeks to protect:  the born child that was endangered while unborn.  The crime begins when the mother abuses the drug and is completed when the child is born with drugs in its system.  Regardless, that child, though unborn, is still endangered by the act of the mother.  As much as people are trying to make it such, this is not a stance on "when does life begin."  Though I oppose abortion on religious grounds, I believe in a woman's constitutional right to privacy.  However, I think the woman draws the line when she illegally ingests drugs and endangers a child, though a case against her still has to be made within the parameters of the 4th Amendment.  And these cases are.

Someone commented on what's next -- cigarettes?  alcohol?  Those are addictions that are legal.  Drug abuse is illegal.  The law that is on the books now is aimed at protecting children from the harmful affects of people committing the crime of using illegal narcotics.  Helping drug addicted mothers and these children is our focus.

Do we send every person who violates the law to jail?  No.  The two cases that were written up in the NY Times had more baggage than was reported.  Ms. Hitson was already on probation for committing a felony offense and, while pregnant and on probation, committed another felony offense:  fraudulent use of a credit card.  Then, she went into premature labor brought on by her drug abuse and gave birth to a baby that was endangered by the drug use.  A judge was the one who decided to send her to prison, followed by a 12 month residential rehab program.  Had she not been on probation or committed the other felony offense, her case would've probably been handled differently.  Ms. Barfoot was on probation for child abuse when she tested positive for drugs while pregnant after submitting a urine sample to her probation officer.  Her probation officer filed a delinquency petition for the failed drug test and the judge opted to deny her bond, which is constitutional when it involves a probationer.  I stepped in and arranged it to where she could go to a 12 month rehab and have her child while in the rehab instead of going to jail.  Of course, none of this was written up in the NY Times either, though it was told to them.

Since we began prosecuting these cases, only two mothers have actually served time in the penitentiary, both of whom were on probation at the time.  The others whose cases have been disposed went into rehab and had healthy babies.  There are two cases pending trial, one of which involves a child that was born prematurely and died as a result of meth abuse.  Even that mother was allowed a bond to go to rehab while her trial date is pending.