Policy Project Part One ( Historical background) Insntruction and example of what i need was attached
Running Head: HISTORICAL BACKGROUND 0
NDCC 50-25.1-18: Prenatal Exposer to Alcohol Abuse Historical Background
Child Welfare 1
University of North Dakota
Date
Introduction
Prenatal substance abuse is a concern that continues to be prevalent in the United States. For decades, unfulfilled scientific research and racially targeted policies have come together to make ineffective codes that are not specific enough to be applied in practice. NDCC 50-25.1-18, which attempts to end alcohol abuse in expectant mothers, is one of the many codes that fall under these incriminating standards. Throughout this paper, the history that has contributed to the creation of this policy and how this code serves as more of an unintended injustice to North Dakota, than a helping hand to the women and children of the state, will be discussed to highlight this faulty policy (N.D. Cent. Code Ann. & 50-25.1-18, 2003).
What historical Problems Led to the Creation of Policy?
Alcohol was considered the “the good creature of God,” but switched to “demon rum” in the late 1600s. The first known anti-drinking reform movement occurred in the mid 1800s when Irish immigrant poverty and disease contributed to high liquor consumption rates. Since then, alcohol use has been considered a social problem since the early 1900s and has consistently been a target of law and order. In 1920, prohibition was one of the most notable stances taken on alcohol in the United States. Many repercussions followed including bootlegging, economic declines, and corrupt law enforcement. (Khan Academy).
A notable change to the drinking laws in the United States started in the 1970s with the war on drugs. During the war on drugs emerged an organization known as MADD (Mothers Against Drunk Driving) this raised the legal drinking age and lowered the blood alcohol level criteria for driving under the influence. Within the next few years the nations concerns regarding the negative effects of alcohol continued to grow when Fetal Alcohol Syndrome became a diagnosable condition in 1973. Fetal Alcohol Syndrome sparked a movement to end alcohol use during pregnancy, which lead to the future creation of state codes (Armstrong, 2000).
How important have these problems been historically?
Up until the 1970s, medical recommendations regarding alcohol consumption during pregnancy were nonexistent. Recommendations have not reached a concrete conclusion about a safe amount of alcohol consumption for both the mother and the fetus during pregnancy. Some medical professionals have deemed a glass of wine a night to be perfectly safe, while others say all consumption is harmful.
In the past, the issue of Fetal Alcohol Syndrome was previously not a very important issue. Up until the War on Drugs started to influence America in the 1980s, the government had very little say within domestic life. The rise of cultural conservativism lead to minimal governmental influence on issues of home and family issues of the home and family. The controversy continues into present time because concrete evidence is difficult to gather as drinking is not illegal if a woman is over the age of twenty-one, pregnant or not.
How has the problem previously handled?
Since there are no specific laws against drinking while pregnant, the “don’t ask, don’t tell” policy has been consistently applied regarding how alcohol consumption is handled. It was not until after the late 1990’s when conversations started and codes formed in other Midwest states, that North Dakota decided alcohol abuse during pregnancy is considered child abuse and neglect. Additionally, women abusing alcohol while pregnant would also fall under mandated reporting criteria (Miller, 2015).
Limited pushes have been made towards increasing education and funding for women who use alcohol during pregnancy. Previous research shows that Fetal Alcohol Syndrome is found in higher rates with minority populations, and proper prenatal care is difficult to obtain. Additionally, minority populations have been directly and negatively profiled when it comes to reporting and prosecuting women who have abused alcohol during pregnancy (Miller, 2015).
What is the historical background of the policy?
This policy was enacted based on similar laws passed in other states, specifically Wisconsin and South Dakota in 1998. This policy’s intent was to reduce the rates of Fetal Alcohol Syndrome in North Dakota. Research teams based out of the University of North Dakota found that 59.2% of women within North Dakota reported using alcohol during pregnancy, with 19.9% of those women binge drinking. This is comparable to national averages of 51.2% of women reporting prenatal alcohol use and 15.2% involve binge drinking (Miller, 2015).
When did the policy originate?
NDCC 50-25.1-18 originated in 2003 based on laws from the Wisconsin and South Dakota passed in 1998. The legislature added alcohol abuse during pregnancy to existing laws regarding child abuse and neglect. This policy allows civil commitment to be pursued with women who violate the policy (N.D. Cent. Code Ann. & 50-25.1-18, 2003).
How has the original policy changed over time?
Drug use during pregnancy gathered the national spotlight starting in the 1960s by drawing attention to possible harm of the fetus and continued to present day media. More recently, throughout the 1990s, supreme courts in Alabama and South Carolina have upheld convictions ruling that substance abuse in pregnant women constitutes as criminal child abuse which then inspired North Dakota future policies. In 2003, North Dakota expanded their civil child-welfare requirements that includes prenatal substance abuse as a form of child abuse or neglect (Substance Use During Pregnancy, 2019).
What is the legislative history of the policy?
On March 17, 2003, Arnold Thomas, a health association introduced SB 2271 that required hospitals and doctors to report any use of intoxicants that will harm the mother and the unborn child. SB 2271 required a child abuse and neglect report to be made when alcohol use is suspected in a pregnant woman. One of the main efforts of this code, is that if a woman is found to be guilty of abusing alcohol during pregnancy, then she must enter into a treatment program. If services are refused, the woman may be involuntarily committed. Even though Senator Lee supported this movement in 2003, as it was intended ensure that pregnant women abusing alcohol will be entered into a treatment program, after reviewing this code, it has been determined that this policy is not effectively or properly helping pregnant women suffering from addiction in the state of North Dakota. Although this bill did not have accurate statistics, the committee wanted to pass the SB 2771 bill, which ten of the committee voted yes and three were absent from the committee (Senate Bill 2271, 2003).
Conclusion
Though this policy was enacted to try to prevent Fetal Alcohol Syndrome, it does not properly serve the populations in need. It targets vulnerable populations, without providing the necessary resources, such as education and prenatal care, to actually reduce the rates of Fetal Alcohol Syndrome. This policy passed easily due to the conservative nature of the State of North Dakota and medical evidence failed to be presented. Overall, since alcohol is not illegal for women over the age of twenty-one, pregnant or not, and the absence of resources for the mother beyond forced treatment are unavailable, this policy has not provided overall benefits for children and mothers within the state of North Dakota.
References
Armstrong, & L., E. (2000, May 1). FETAL ALCOHOL SYNDROME: THE ORIGINS OF A MORAL PANIC. Retrieved October 1, 2019, from https://academic.oup.com/alcalc/article/35/3/276/208920/.
Cook, Daniel & Walsh, Margaret. (2015). Unintended Consequences of Policy Responses to Fetal Alcohol Spectrum Disorders: Civil Commitment and Community Sentiment in North Dakota. Retrieved October 2, 2019, from https://www.researchgate.net/publication/283831362_Unintended_Consequences_of_Policy_Responses_to_Fetal_Alcohol_Spectrum_Disorders_Civil_Commitment_and_Community_Sentiment_in_North_Dakota
Lester, B. M., Andreozzi, L., & Appiah, L. (2004, April 20). Substance use during pregnancy: time for policy to catch up with research. Retrieved October 1, 2019, from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC419718/.
Miller, M. K., Blumenthal, J. A., & Chamberlain, J. (2015). Handbook of Community Sentiment. New York, NY: Springer New York.
(N.D. Cent. Code Ann. & 50-25.1-18, 2003).
Prenatal Exposure to Alcohol Abuse. S. 2271, 64th Legislative Assembly of North Dakota. (2003).
Prohibition. (n.d.). Retrieved October 6, 2019, from https://www.khanacademy.org/humanities/us-history/rise-to-world-power/1920s-america/a/prohibition.
Substance Use During Pregnancy. (2019, October 1). Retrieved October 3, 2019, from https://www.guttmacher.org/state-policy/explore/substance-use-during-pregnancy.
Senate Bill 2271: Prenatal Exposure to Alcohol Abuse. 64th Legislative Assembly of North Dakota. (2003).
