This body of case law represents a robust discussion of legal issues surrounding prenatal substance exposure in civil child protection cases across the country. The variation in analysis from different jurisdictions illustrates how this area of child protection law presents many challenges and varied decision-making across courts. The goal of this case law summary is to help the field understand how different courts have approached these legal issues to establish greater uniformity when addressing prenatal substance use cases in the future. The first document (Policy Considerations Brief) will help policymakers and others in the field identify potential negative consequences and harm from punitive responses to prenatal substance use and offer evidence and strength-based approaches to working with mothers and families that support healthier outcomes. The second document (Primer) is the short version which includes practice considerations, and the third (Full Review) is the long version which provides a detailed case-by-case analysis.
Policy Considerations Brief – Prenatal Substance Use Case Law
Primer – Prenatal Substance Use Case Law
Full Review – Prenatal Substance Use Case Law