Thread by @AngryBlackLady

My latest. | Pennsylvania Supreme Court Could Decide Whether Using Drugs While Pregnant Is Child Abuse rewire.link/2Ejpcud

Yesterday I published this piece about how laws not intended to ensnare pregnant people are being used to punish pregnant people.

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by @AngryBlackLady view original on Twitter

So here’s a mini thread about it:

Pennsylvania has a law that makes it child abuse to

“intentionally, knowingly, or recklessly … causing bodily injury to a child through any recent act or failure to act.” #TeamLegal

A woman lost custody of her baby after the baby allegedly suffered withdrawal symptoms due to the woman’s drug use.

Children Youth Services removed custody and said that her drug use constituted child abuse in utero.

Now remember how child abuse is defined as “any recent act or failure to act”?

Well recent act is defined as “within 2 years” in the statute.

Hold that thought in your head for a minute.

The trial court in the woman’s case said that the Child Protective Services Law was not intended to apply “to actions taken by an individual upon a fetus.”

Children Youth Services (CYS) appealed. The appeals court sided with CYS.

“Under the plain language of the statute, mother’s illegal drug use while present may constitute child abuse if the drug use caused bodily injury to the child.”

Um, ok.

But remember how the statute defines a “recent act” of child abuse as an act occurring within 2 years?

So here’s a head scratcher for you:

if in utero child abuse is a thing now, does that two year time frame include the two years prior to the child’s birth?

Because if so, I have questions.

If I do a gram of meth today, and get pregnant in two years, is that child abuse?

And “causing bodily injury to the child” isn’t just about drug abuse.

TW: abuse.

What if I’m in a violent relationship and I decide to stay with my abuser and he beats me and I lose the baby.

Is that child abuse on *my* part?

What if I eat a goddamn salmon roll today and get pregnant in 16 months.

Is that child abuse?

The law was plainly not intended to cover *fetal* child abuse.

IT DOESN’T MAKE SENSE.

Nevertheless, that’s what the state of the law is in Pennsylvania right now unless the Pennsylvania Supreme Court takes the petition that the @womenslawproj and @dsc250 filed on behalf of the woman and stops this madness.

Here’s what’s super fucked up:

There are pregnant people who have substance abuse issues who want treatment and want to maintain their pregnancy.

But this sort of punishment incentivizes pregnant people to get abortions.

You can’t commit in utero child abuse if there’s no child in your utero.

So once again, anti-choicers have not though through the consequences of their ridiculous and degrading policies and attitudes towards pregnant people.

Shocking, I know.

I’ve been yapping about my latest article about a super fucked up Pennsylvania case and the increasing punishment—both civil and criminal—of pregnant people

Give it a read and then get outraged.

rewire.news/article/2018/0…

#TeamLegal

Because this shit is super fucked up.

Pregnant people with substance abuse issues need compassion, care and, treatment. Not threats, incarceration, or punishment.

Seems pretty simple.

Let’s pretend that comma isn’t errant af.

Ok thank you.