Pubdate: Fri, 09 Feb 2007 Source: Billings Gazette, The (MT) Copyright: 2007 The Billings Gazette Contact: http://www.billingsgazette.com/ Details: http://www.mapinc.org/media/515 Author: Associated Press Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) Bookmark: http://www.mapinc.org/women.htm (Women) HOUSE OPTS AGAINST MAKING METH PREGNANCIES A FELONY CHEYENNE - The House on Thursday backed away from the prospect of imposing felony prosecutions on mothers who expose their newborn children to methamphetamine in the womb. Instead, the House adopted a sweeping amendment drafted by Majority Floor Leader Colin Simpson, R-Cody, that expands the definition of abuse under the Child Protective Services Act to include prenatal exposure to methamphetamine. The House then passed the bill 39-21 on final reading. The change means that a mother who exposed her newborn to the drug during pregnancy could be referred to drug court. The drug court, in turn, could order the woman to get treatment, and any violation of such an order could land the woman in jail for up to 90 days. A felony conviction under the earlier version of the bill could have resulted in prison sentences. Although the amendment removed the prospect of felony prosecution for meth mothers, the revised bill could still result in mothers losing custody of their children to the state. Critics of the bill said they are concerned that the legislation threatens to deter drug-addicted women from seeking necessary medical care for themselves and their children. Public health professionals from around the country wrote to Wyoming legislators this week urging them to oppose the original bill on the grounds that it would discourage women from seeking medical care. Rep. Elaine Harvey, R-Lovell, is the main sponsor of the legislation. She said after the House vote that she was pleased to see the bill move forward after years of working on the issue. "A whole group of children in Wyoming are going to be better off," Harvey said. "I think a lot of times the legislation we pass is not perfect, but I think this is going to give it a good shot at solving the problem." Harvey said officials at the Wyoming Department of Family Services have told her substance abuse issues forced the state to put 72 children into placements outside of their homes from 2003 through 2005. Rep. Liz Gentile, D-Evansville, said during debate in the House that she has served on the Natrona County Child Protection Team. While she said the world would be a better place without any illegal drugs, she said she still opposed the bill. "I think going down this road is going to deter women from seeking help," Gentile said. Rep. Sue Wallis, R-Recluse, said she favored removing the felony penalty language, but she opposed the bill nonetheless. "Ultimately that crime is still going to cause women to avoid the care that they need, and babies the care that they deserve," Wallis said. "Let's not instill the fear that if I go to the hospital to have my baby that my baby is going to be jerked out of my arms and given to someone else." Rep. Tom Lubnau, R-Gillette, said he has represented hospitals in his work as a lawyer. He said when they get babies who have been exposed to methamphetamine, he tells them to "do the right thing - call Family Services." Lubnau said the bill would provide legal protection to doctors and health care workers who take it upon themselves to call the state when they see a child they suspect has been exposed to methamphetamine. Rep. Marty Martin, D-Rock Springs, said he supported the amendment to take the violation out of the realm of the state's criminal code. He said it's unfortunate the House had to debate the issue. "Methamphetamine is a huge issue all across the state," Martin said. "I agree with the sponsor of the bill; it's something that we need, and we need it now." Brenda Ilg, lobbyist with NARAL Pro-Choice Wyoming, said her group intends to oppose the bill as it moves through the Wyoming Senate. "Coerced treatment just doesn't work," she said after the House vote. - --- MAP posted-by: Beth Wehrman