Comparative Analysis of State Statutes

Abstract

Abstract The purposes of this study were to analyze statutory requirements regarding prenatal substance abuse reporting, related healthcare assessments, and state interventions with reported women and their families. The author conducted a legal search of the statutes of ten states, which were identified as having “specific gestational abuse statutes” in previous literature (Lieb & Sterk-Elifson, 1995). The findings revealed that seven of the ten states included a specific reporting requirement. Even in these seven states, neither assessment procedures nor treatment provisions were well-delineated. Only three states had specific provisions on therapeutic intervention with reported women. Based on the findings, three principles for a model statute are recommended for balancing the rights of infants and mothers.