Court Rules That Under Pennsylvania Law, Drug Use While Pregnant Can Constitute Child Abuse

On December 27, 2017, the Pennsylvania Superior Court panel ruled that drug use by a pregnant woman can meet the federal definition of child abuse under state law if the child experiences harm due to the mother’s use of illegal drugs. Initially, the Clinton County Court, Juvenile Division, had ruled that the state’s child protective services law did not consider the mother’s drug use to be child abuse if it occurred before the child was born. Clinton County Children and Youth Services appealed the county court ruling to the state Superior Court.

The Pennsylvania Superior Court reversed . . .