NASW | The Wisconsin Social Worker Journal | Winter 2021 | Pg. 15 | Ritu Bhatnagar, M.D., M.P.H.
What is Wisconsin’s Unborn Child Protection Act? Passed in 1997, Wisconsin’s “Unborn Child Protection Act” — also known as Act 292 and previously known as the “Cocaine Mom Law” — permits the jailing, forced medical treatment, or house arrest of a pregnant person on a suspicion that they have consumed or may consume alcohol or a controlled substance during their pregnancy. While the law is enforced differently across the state, according to statistics published by Wisconsin’s Department of Children & Families, each year for the past 5 years, between 400 and 500 Wisconsin women are subject state intervention under Act 292. The law was not supported by any medical organizations and has been challenged in court. In 2018, a judge found it to be unconstitutional because the language was so unclear, but the law still stands. Read more about the law and its history here.
What role do social workers play in the enforcement of Act 292? Social workers play a unique role in the enforcement of Act 292. Often, it is the hospital-based social worker making the report to the county or local law enforcement. Social workers may report a pregnant person out of fear of losing their license, presumed obligation, or misplaced assumptions about drug use. It is important to know that the way the law is written does NOT mandate reporting while the person is pregnant. Reporting is considered “permissive” in this situation, and it is important to ensure that your decision takes into account the situation of the woman and the potential for far reaching legal consequences of reporting (see story at right).
If you have further questions about this law, please contact Afsha Malik at afm@advocatesforpregnantwomen.org.
In 2014, Tammy Loertscher had a medical problem that caused depression if left untreated. After losing her job and consequently her health insurance, Tammy started to use methamphetamine regularly to manage her depression. Tammy made sure her drug use did not negatively affect other aspects of her life. As soon as Tammy realized she was pregnant, she stopped using methamphetamine. However, pursuant to Act 292, Tammy was ordered into drug treatment that she did not need and was incarcerated in Taylor County’s jail for 20 days for refusing that treatment, where she was held in solitary confinement, refused access to a lawyer, and denied access to her previously-scheduled prenatal care. To learn more about Tammy’s story visit us here.
