Original Article Thomas targets moms of babies on drugs By Gary Grado, Tribune October 27, 2005 Mothers whose newborns have illegal drugs in their systems would be charged with child abuse under a law proposed Wednesday by Maricopa County Attorney Andrew Thomas. County prosecutors receive at least two to four inquiries a month from police investigating cases of babies born on drugs, but the problem is probably on a greater scale because most police officers know nothing can be done, said Patty Stevens, who runs the county attorneys Family Violence Bureau. "Were not involved in these as far as litigating them, so often times our involvement ends with a phone call of can you do anything? " Stevens said. "And right now, we cant because the abuse was while the baby was being carried by the mother." Appellate courts have found that mothers cant be charged with child abuse under Arizonas current child abuse laws, Thomas said. Rep. Steve Yarbrough, RChandler, is the bills sponsor. The legislation would make a mother guilty of child abuse if her child tests positive for an illegal drug such as heroin, marijuana or methamphetamine within 72 hours of birth. Mothers would also face charges if the child showed an injury within one year of birth that is a direct result of drug use. A felony conviction involving a child victim would also constitute grounds for severing parental rights under the proposed law. The law would also allow the court to give harsher sentences if the child were removed from the home by Child Protective Services. Lastly, the law would require police and health care workers to report when they suspect a newborn is affected by a mothers illegal drug use. "We need to hold people responsible who are doing this, and we need to get these children out of these abusive situations," Thomas said. A similar idea was rejected during a special legislative session in 2002 dedicated to reforming CPS, said Mary Rimsza, who was on a governors task force during the session. "It comes up again and again," said Rimsza, who is co-director of Health Information and Research at Arizona State University. Rimsza said the medical community opposed the idea out of fear that women who are drug users wouldnt seek prenatal care to avoid arrest. Contact Gary Grado by email, or phone (602) 258-1746