Pennsylvania’s highest court ruled Friday that it is okay for mothers to use illegal drugs while pregnant. They can’t be accused of child abuse because the unborn children don’t have rights.
They went by law, the Children under the Child Protective Services Law, that does not include fetuses or unborn children.
“The fact that the actor, at a later date, becomes a person who meets one of the statutorily-defined categories of ‘perpetrator’ does not bring her earlier actions — even if committed within two years of the child’s bodily injury — under the CPSL,” wrote Justice Christine Donohue.
Two justices who dissented said what should matter is when the injury shows itself, and that can be after the child is born.
“The facts in this matter more closely resemble neglect cases where the injury manifests at some point in time after the neglect as in cases of malnourishment from lack of food or suffering from a severe diaper rash from failure to routinely change diapers,” wrote Justice Sallie Mundy, joined by Justice Debra Todd[…]
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