Source: Milwaukee Journal Sentinel
Contact:   (414) 224-8280
Website: http://www.jsonline.com/
Pubdate: Fri, 24 Jul 1998
Author: Craig Gilbert of the Journal Sentinel staff

HOUSE PANEL HEARS 'COCAINE MOM' DEBATE

Washington -- The author of Wisconsin's "cocaine mom" law defended the
statute before a House panel Thursday, calling it a "moderate and balanced
solution" to a thorny problem.

State Sen. Joanne Huelsman was one of three witnesses to speak on the new
Wisconsin law, which permits the detainment of a pregnant woman to protect
the fetus from drug or alcohol abuse.

Under the highly publicized law, a court could confine an expectant mother
in a treatment facility, hospital or relative's home but not a jail.

"Some women think that means their kids are going to be taken away from
them. Some think they're going to go to jail. Neither of (those) are true,"
Huelsman, a Waukesha Republican, said.

Speaking against the law was Francine Feinberg, director of a Milwaukee
treatment facility, who told lawmakers that the measure will frighten
mothers away from help.

"The primary reason pregnant women with alcohol and drug problems do not
seek prenatal care or treatment for their addiction is fear of being turned
in to the authorities and ultimately losing their children," Feinberg said.
Her treatment center, Meta House, focuses on women before and after
pregnancy.

Feinberg said the "cocaine mom" law, which went into effect July 1, already
had fanned those fears.

Thursday's hearing was held before a House Government Reform and Oversight
subcommittee examining the problem of expectant mothers and substance
abuse. The hearing focused on aggressive laws in Wisconsin and South
Carolina.

The ranking Democrat on the panel is Milwaukee's Tom Barrett, who said he
reserved judgment on the "cocaine mom" law. But Barrett also expressed
concern about criticisms that the statute would scare mothers away from
treatment.

"Like physicians, the first duty of all politicians ought be 'do no harm,'
" Barrett said.

Also appearing before the panel was William Domina, assistant corporation
counsel for Waukesha County. It was Waukesha County's attempt to detain a
cocaine-addicted mother known as Angela that led to a well-publicized legal
battle and ultimately to Wisconsin's "cocaine mom" law.

Domina said early intervention to require treatment was far preferable to
prosecuting a mother after the fact for the abuse of a drug-affected child.

"It's abhorrent to wait until children are injured for the criminal justice
system to flex its interests," he said.

Huelsman and Domina said there was no evidence to show whether the law was
discouraging mothers from seeking treatment, considering it just went into
effect. The statute is awaiting its first case.

In her written testimony, Feinberg asserted that Meta House "has already
seen a dramatic drop in the number of women seeking treatment."

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Checked-by: (Joel W. Johnson)