For the Defense - Vol. 4, Issue 2 - 16
In re L.J.B.
O
n January 26, 2017, a woman in Clinton
County, Pennsylvania gave birth to a baby
girl.1 At first, the newborn was completely
healthy, but after the second day, the doctors at the
hospital noticed symptoms of neonatal abstinence
syndrome-tremors, loose stools, increased muscle
tone, and excessive suck as the result of opioid
withdrawal. This condition, caused by her mother's
use of drugs while pregnant, caused the baby to be
held in the hospital for nineteen days. After that,
she was released with no further medical problems.
While pregnant, the mom had sought treatment
for her addiction. She saw a doctor multiple times
who prescribed her medicine to treat her addiction.
However, like many people suffering from opioid
addiction, the mom relapsed and was not able
to refrain from using opiates. As a result, on the
day of her daughter's birth, she tested positive for
marijuana, oxycodone, and benzodiazepines.
16
For The Defense
l
Vol. 4, Issue 2
David S. Cohen
Given other things going on in the mom's
life, the county youth services agency filed a
dependency petition to place the newborn in foster
care while the mom got her life in order. (This was
not appealed.) Along with that petition, the county
also claimed that the newborn was the victim of
child abuse based solely on the mom using drugs
while she was pregnant. The county lawyer argued
that the definition of "child abuse" within the
Child Protective Services Law (CPSL) included this
woman's actions. According to the county, the mom
"intentionally, knowingly or recklessly...caus[ed]
bodily injury to a child through any recent act or
failure to act."2 This was not based on any action
the mom took after the child was born, nor did
the county argue that the woman's actions while
pregnant harmed her fetus, and that the fetus
should be considered a child. Rather, the county
argued that her drug use while pregnant caused
For the Defense - Vol. 4, Issue 2
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