NCJ Number
116297
Journal
Willamette Law Review Volume: 25 Issue: 1 Dated: (Winter 1989) Pages: 223-242
Date Published
1989
Length
20 pages
Annotation
Oregon courts could follow the trend of case law in other jurisdictions and hold that the fetal alcohol syndrome (FAS) constitutes actionable child abuse, although a proposed law in the Oregon legislature would encourage over-reporting and unwarranted invasions of privacy.
Abstract
The medical community recognized FAS in 1973 as a pattern of mental, physical, and behavioral defects that developed on some infants born to women who drink heavily during pregnancy. Legislators in Oregon are now trying to enact statutes that will help prevent FAS. Although New York, Ohio, and Michigan do not have specific statutes addressing fetal drug and alcohol addiction syndrome, several courts have indicated a willingness to find that a pregnant mother's use of alcohol and drugs during pregnancy constitutes child abuse under their current State statutes. Similarly, Oregon courts could hold that prenatal conduct may constitute child abuse, relying on statutes and administrative rules that are broad enough to encompass the pregnant mother's use of controlled substances that could potentially harm the fetus. However, House Bill 3145 could have results that would do more harm than good. Legislation that will facilitate the implementation of an effective prevention program is the more prudent course of action. Such a program should include professional education, public education, clinical services for problem drinkers or others needing counseling, and referral and support services. 105 footnotes.