Pubdate: Mon, 31 Oct 2005 Source: Salt Lake Tribune (UT) Copyright: 2005 The Salt Lake Tribune Contact: http://www.sltrib.com/ Details: http://www.mapinc.org/media/383 Author: Lisa Rosetta PREGNANCY, DRUG ABUSE AND JAIL STIR EMOTIONS Salt Lake County: The Lockup Wanted To Turn Away A Suspect To Avoid Any Legal Risk; A Judge Just Wants What's Best For Baby Tammaria Gehring is more than eight months pregnant. Until Sept. 22, when she was locked up in the Salt Lake County Jail, the 30-year-old mother of two was living in a motel room and using methamphetamine. Were it not for a judge who personally lobbied Salt Lake County Sheriff Aaron Kennard to book her - against Kennard's strict policy not to book pregnant women - Gehring would still be out, possibly doing drugs, despite a felony drug charge and violations of her pre-sentencing release. Those in the criminal justice system who handle cases such as this say there is little they can do to stop pregnant women from using drugs and risking the health of the unborn children. Third District Judge Terry Christiansen said he cannot court order inpatient drug treatment programs for such women until they have been sentenced. Even when they test positive for drugs, a violation the terms of their pre-sentencing release, the judge can't get them jailed because the sheriff will turn them away. While jails are revolving doors for drug addicts, the Salt Lake County jail refused to let Gehring in the door on more than one occasion when it found out she was pregnant and at high risk for complications. Kennard said pregnant women who abuse drugs are a legal and financial liability to the jail. "She was not [initially] admitted because of medical reasons," Kennard said. "Being a high-risk pregnancy, this is not something the jail is prepared to handle." The sheriff said a high-risk pregnancy that ends badly could "bankrupt" the county. "It's not my responsibility to medically take care of everyone." But the judge did not want Gehring to walk. Two lives were at stake. "Every time I get a situation where a woman is pregnant and she is using drugs I do everything I possibly can so that baby is protected," Christiansen said. "I understand the sheriff has some liability issues, but my concern is for the child." So Christiansen called the sheriff - something he has done in a handful of cases - and asked Kennard to make an exception. The sheriff obliged. "It's a stop-gap measure," Kennard said. "What probably is going to happen is the woman is going to have her baby in my jail and the county residents are going to pay for all of this. I'm not going to stand in the way of the health of that woman or that baby." Right now, the jail's acute medical center is not open and not funded, Kennard said. Those people who have high-risk medical conditions, or are a danger to themselves or others, are turned away at the door and taken by the arresting agency to a hospital. Christine Wilfahrt, Gehring's mother, said her daughter started using drugs at age 16. Five months into her second pregnancy, Gehring didn't know she was carrying a baby until she went to a doctor for a kidney infection. She also tested positive for meth. The baby boy, now 13 months old, was adopted by Gehring's brother. Gehring's life spun out of control when her live-in boyfriend introduced her to meth, Wilfahrt said. She lost her job and house and began sleeping at motels. She told her 12-year-old son she was seeing ghosts. When Wilfahrt discovered her daughter was pregnant again, she worked frantically to find her help. "I can't be the only one in the Salt Lake Valley who has been trying and trying and trying to stop this from occurring on a continual basis," she said. In Utah, cases such as Gehring's are becoming more common. In 2003, about 6,800 women were admitted to public drug treatment programs in the state. Of those, 300 were pregnant at the time, said Patrick Fleming, director of Salt Lake County's Division of Substance Abuse Services. Pregnant users are high priority for public treatment programs, he said. Despite long waiting lists, Gehring could be admitted today. The problem: She is free to walk right out the door. And many do. On a Friday in mid-October, Ed Snoddy, a substance abuse counselor for the Volunteers of America, was called to a Salt Lake City home to aid police with a woman high on heroin and seven-and-a-half months pregnant. The woman has spent time living on the streets and Snoddy, a trusted friend of many of the city's homeless, knows her well. He has tried persuading her to seek treatment by warning her of the harm she is doing to her baby, but to no avail. Before he could get her into treatment, she fled. Even if she had checked into the Volunteers program, Snoddy doubts she would have stayed. The woman can be charged with child endangerment at birth, but until then, there is little that can be done legally. "If we wait until the baby is born, the damage is done," Snoddy said. Fleming said addressing the problem is a prickly public policy issue. "We as a society have criminalized substance abuse, so what winds up happening is it has become a problem we've tried to deal with through the courts, through the jail, through the public treatment system." Pregnant women who need help often fail to seek it because they fear they will be arrested, or their children taken away. "Until we destigmatize and decriminalize this and make it a health issue, this is going to continue going on," he said. In the meantime, Wilfahrt hopes the judge keeps her daughter behind bars - and out of methamphetamine's reach. "She is not only hurting herself, she's hurting a life. The life of that baby should override her personal rights," Wilfahrt said. "I hope to God he brings that baby out right." - --- MAP posted-by: Beth Wehrman