Report Publish Date: May 2022

This research article describes a study examining the relationship between state policies regarding prenatal substance use and reports of infant maltreatment.

Primary Takeaways

• Policies that criminalize prenatal substance use were associated with an increase in reports of infant maltreatment during the time studied. 
• Punitive prenatal substance use policies led to greater reports of infant maltreatment by mothers across races and ethnicities. 
• Prenatal substance use policies that supported moms’ substance use treatment did not increase infant maltreatment reports.

Overview and Objectives

The rate of maternal opioid misuse increased 131% from 2010 to 2017, and neonatal abstinence syndrome—infant withdrawal from opioid exposure—increased 83%. States have responded with a mix of policies, some that criminalize maternal substance use and define it as child maltreatment and others that give pregnant women priority in substance use disorder programs. The authors wanted to know whether these policies affect the number of reports of infant maltreatment in a state.
 

Hypothesis or Approach 

The authors expected to find that punitive maternal substance use policies increased reports of child maltreatment. They used fiscal years 2004–2019 data on child maltreatment reports for children under age one from the National Child Abuse and Neglect Data System. They collected information about when state policies were in place from various sources. 
 

How This Influences Change

“Findings suggest that punitive policies lead to large increases in substantiated infant maltreatment reports, which in turn may lead to child welfare system involvement soon after childbirth in states with these policies,” the authors write. “Policymakers should design interventions that emphasize support services and improve wellbeing for mothers and infants.”