Federal Court Strikes Down Wisconsin Law That Allowed For Detention Of Pregnant Women For Alleged Substance Use

On April 28, 2017, a federal court ruled that a Wisconsin law intended to protect unborn children from harm from alcohol or controlled substances was unconstitutional; the law allowed the state to detain pregnant women for alleged substance use. The law, Act 292 of 1997, could be imposed if county child protective services (CPS) believed the mother had “habitual lack of self-control” and that the situation posed “substantial risk to the physical health of the unborn child.” The court ordered the state Department of Children and Families (DCF) to cease enforcement. The state has appealed.

Specifically, the law granted . . .