NCJ Number
108305
Journal
International Journal of Law and Psychiatry Volume: 8 Issue: 4 Dated: (1986) Pages: 471-482
Date Published
1986
Length
12 pages
Annotation
Case histories of five pregnant psychiatric patients in the third trimester are presented to support the argument that juvenile statutes and juvenile courts should protect the life of a viable fetus.
Abstract
California's Landerman-Petris-Short Act (LPS) requires that people to be committed involuntarily to a secure mental health facility by the Psychiatric Division of the Superior Court must be found to be either gravely disabled or of danger to themselves or others. However, the superior court has refused to consider a viable fetus to be either a self or other. Nevertheless, the authors have used juvenile court procedures to protect the fetus and to bring several children of drug-abusing psychiatric patients to full term in a healthy and normal condition. Prior to November 1981 the juvenile court in California regarded a viable but unborn child as a person. However, in November 1981 the California Court of Appeal held that a viable fetus was not a person. Therefore, the State law will need amending if a viable fetus is to be protected. Both juvenile and psychiatric statutes should be amended to protect the viable fetus. 36 references.