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6 pages/≈1650 words
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MLA
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Law
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Coursework
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English (U.S.)
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Topic:

Newborn and Child Public Health Issues

Coursework Instructions:

Week 7 - Public Health Issues:
Questions:
TQ 7.1: Maine Rev. Stat. Title 22, §4011-B: Under what circumstances does a health care provider have a duty to report suspicions of prenatal drug exposure to child protective services?
TQ 7.2: In Utero: The New Jersey Supreme Court: Why did the court find that the infant was not a neglected child under the state’s abuse and neglect statutes? Under what circumstances would prenatal exposure to illegal drugs constitute neglect?
TQ 7.3: L.A. v. New Jersey Division of Youth and Family Services: What is the basis of Dr. Yu’s appeal from the Appellate Division’s decision? What is Legal Services of New Jersey’s (LSNJ) argument? Does LSNJ’s argument support plaintiff’s position or Dr. Yu’s position?
*Week-7 Discussion Question
Questions:
DQ 7.1: Some hospitals test new and expecting mothers for drug use, a practice that has been the subject of significant controversy, as discussed in this article. Some hospitals test all women, while others test only women suspected of drug use. Health care providers may also test the newborn with the mother's consent and, depending on the state’s law, the provider may be required to report any positive toxicology to child protective services. What are the advantages and disadvantages of testing pregnant women for drug use? If hospitals do decide to test pregnant women, should they test all women or only those perceived to be at risk of substance abuse? How would a hospital determine which women are at risk?
Questions:
DQ 7.2: As your materials indicate, health care professionals sometimes fail to report child abuse in cases where they believe the child’s injury may be abuse-related. However, as discussed in this article, studies have also found that providers are significantly more likely to evaluate Black, Latinx, American Indian, and Alaska Native children for child abuse and to refer them to child protective services as compared to White children. As noted in this article, researchers have concluded that these disparities in child abuse evaluations are the result of health care providers’ implicit biases. What are some of the harms that may result from these biases, and specifically, from overreporting? What can be done to balance the need to detect and address child abuse against the harms of overreporting injuries suffered by children of color?
**The following is a list of the readings
A. Substance-exposed newborns
- Maine Rev. Stat. Title 22, §4011-B
- Grosman, In Utero: The New Jersey Supreme Court Says Prenatal Drug Exposure is Not Sufficient Evidence of Child Abuse
- ACOG Opinion, Substance Abuse Reporting and Pregnancy: The Role of the Obstetrician-Gynecologist
B. Child abuse
- L.A. v. New Jersey DFYS (N.J. 2014)
- Moyer, Physicians don’t always report child abuse, American Medical News (Nov. 28, 2011)
- Kwiatkowski, Study: Many doctors don’t report child abuse suspicions, NWI Times (Apr. 2, 2010)
C. Child Obesity
- Murtagh & Ludwig, State Intervention in Life-Threatening Childhood Obesity

Coursework Sample Content Preview:
[Student’s Name]
[Tutor]
[Course]
[Date]
WEEK 7 - PUBLIC HEALTH ISSUES
TQ 7.1
According to the Marine statues Title 22, §4011-B, a healthcare provider must report any suspicions of prenatal drug exposure to children's protective services when an infant after delivery shows signs of withdrawal. In addition, after delivery any children that require medical monitoring or more care than normal newborns need and symptoms are aligned with prenatal exposure to drugs, the healthcare providers need to inform the child protective services. The exposure may be to legal drugs, illegal drugs, or fetal alcohol, which have damaging effects on infants which is why they need to be reported ("Title 22, §4011-B: Notification Of Prenatal Exposure To Drugs Or Having A Fetal Alcohol Spectrum Disorder"). In addition, while reporting the subsection requires that the report should be made in the same way as neglect and abuse reports are made.
TQ 7.2
TQ (1)
The statute required that the agency should provide evidence to show that the child was abused emotionally, mentally, physically and was in imminent danger of being impaired due to the failure of A.L to show the minimum degree of care to the baby. The court then noticed that agency did not present evidence against A.L showing her conduct during the first seven months since the child was born. The hearing was mostly based on the utero transmission of the drug as evidence against the mother. In addition, the agency could not prove any real danger to the child since the complaint was solemnly based on the positive cocaine test (Grossman). In addition, A.L added that the baby was in good health at birth and the caseworkers can confirm that the baby was physically being cared for well at home. Hence, the court did not find the mother guilt and according to the 14 amendment in the constitution a fetus cannot be mentally and emotionally abused.
TQ (2)
Prenatal exposure to illegal drugs constitute to neglect when the parent is drinking too much and continuously taking illegal drugs. In such high intake quantities of the drugs, the unborn child is likely to be affected. However, the court ruled that an emotional, mental and physical abuse statute applies to a baby and not the fetus. The court added that the law protects a child after birth looking into the condition of the baby at birth and after birth care. In conclusion, the court said that the agency was correct to initiate a neglect and abuse investigation based on the drug test but should have found other invasive ways to help the family when evidence of harm to the child did not materialize.
TQ 7.3
TQ (1)
Linda the legal guardian of sally filed a suit later on against the medical center and Dr. Yu and other DYFS parties. Linda claimed that the action of Dr. Yu amounted to medical malpractice because he had failed to report the emergency room incident to the DYFS. In addition, Linda also claimed that the Medical center was responsible for Dr. Yu's actions (Hoenicke). In Dr. Yu's defense, he said that according to N.J.S.A 9:6-8. 10 states that if an individual has reasonable cause to believe that a child was abused, they should report to DYFS. However, he did not have any reasonable cause to believe that Sally ...
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