When women go to the hospital to give birth, most are given medicine to ease the pain of labor. However, an investigation found these drugs prescribed by doctors are the same ones alerting child welfare authorities to their hospital rooms.
The Marshall Project and Reveal News found morphine, fentanyl and other routine narcotics used during birth are putting some moms in custody disputes.
Once a mother and their newborn test positive for drugs, hospital staff report the results to authorities.
A New York mother shared her experience with Reveal News. She said she temporarily lost custody of her kids due to a positive drug test, even with no prior history of abuse. She said doctors prescribed her fentanyl during childbirth.
Drug testing of pregnant women grew in popularity during the opioids epidemic in the 1980s. The Marshall Project said the surveillance of women has only continued once Roe v. Wade was overturned.
Doctors typically use cost-effective urine samples to test for narcotics in new mothers. However, The Marshall Project said those tests don’t give a clear picture of when the drugs are used.
The investigation said there aren’t protections in place for mothers who find themselves in these situations. Many hospitals don’t have doctors to double-check the results and provide a more extensive look into the patients’ toxicology.
The investigation also noted social workers assigned to cases aren’t equipped to know what medication was administered to the patient during labor.
According to a 2022 study, researchers found almost 91% of women given fentanyl in an epidural during childbirth will test positive for the drug following the birth. Researchers said doctors should caution their assumptions surrounding a patient’s drug use based on their findings.
Another study reported moms can pass medications onto their babies so often it doesn’t immediately prove they’re abusing drugs.
Mandatory reporting laws in the U.S. protect doctors and nurses for making these reports, regardless if they’re accurate.
More than two dozen states require hospitals to contact child welfare to any positive tests. The investigation said data showed at least 35,000 babies were reported in 2022 for substance exposure.
Earlier this year, the largest healthcare provider in Massachusetts changed their original approach on the issue. Its new policy won’t report mothers just because a newborn is exposed to drugs but rather on gathered evidence that proves abuse.
New Mexico, Washington and Colorado are among the few states with revised laws that stop social workers from taking infants away from their mothers without any signs of abuse or neglect.
