A woman is suing a Brooklyn hospital for secretly testing her for drugs during labor and calling child-protective services.
from their parents. Family-defense and harm-reduction organizations have long sounded the alarm. Legal Momentum legal director Jennifer Becker, who is representing Terisa, points out that there’s a reproductive-justice argument against the practice too. Using pregnant people’s drug tests to trigger investigations by child-protective services is to “essentially accept the notion of fetal personhood,” Becker says, “because these are actions that a pregnant person is taking before there is a child.
“By law, protecting privacy of families, we cannot share information about whether a family has a case with ACS, or case details,” an ACS spokeswoman said in an email. But she noted, “By both state and local policy, neither a positive drug test of a parent nor a positive toxicology of a newborn baby, is in and of itself a basis for a determination that evidence of abuse or neglect exists.
The caseworker said she could choose an alternative to a formal investigation called the CARES program. “I felt like I was in a corner, so I had really no choice,” Terisa remembers. “But I said, ‘I’ll work with the man’ versus them trying to do things behind my back.” She hoped that by choosing the “voluntary” process, she might be free of ACS sooner. “It really didn’t happen like that,” she says. The process took 90 days.
Terisa started talking to another mother she knew who, she learned, had gone through a similar experience giving birth at the same hospital. This acquaintance recommended that Terisa request her medical records. Reading them, she realized that a nurse, whom she’d seen sneaking around her son, had been surreptitiously collecting a urine sample for a drug test. She also learned that ACS was called hours before even testing her son.” she says.
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