Thesis (M. Sc.)--University of Canterbury, 2009. / Typescript (photocopy). Includes bibliographical references (leaves 102-122). Also available via the World Wide Web.

Abstract Prenatal alcohol-related disorders are highly prevalent and result in permanent, lifelong disabilities. The child may be born with debilitating birth deformities and severe cognitive deficits. These children have a low life expectancy, and a low quality of life. They are disproportionately represented in juvenile justice and foster homes, and they are more likely to be high school drop outs, incarcerated, or misdiagnosed, and have higher rates of mental illness. Despite these impairments, there are few state statutes in place that protect the rights of the fetus. This is because the fetus has not been recognized as a person. Feminist groups argue that if the fetus was granted personhood and rights, then women would be relegated to the inferior position of a fetal vessel. This paper addresses these concerns and advocates for state enforced mandatory rehabilitation for pregnant women who are addicted to substances. Mandatory rehabilitation has precedent and is a logical solution. Additionally, this paper investigates the controversy of whether there is a safe dosage that can be consumed while pregnant that will not harm the fetus. While there is no safe dosage found, and women are strongly advised to understand that an unnecessary risk is involved with any prenatal alcohol consumption, there is a body of evidence suggesting that low-level drinking may not have a clinically significant effect on the fetus. Thus, women should be allowed, within the law, to make the choice to drink lightly during pregnancy, because it is not assaulting the fetus. By drinking prenatally, the woman chooses not to provide the most optimal intrauterine environment. However, the fetus is not entitled to an optimally pregnancy, but is entitled to a non-assaulted development

Perinatal complications resulting from either alcohol or drug abuse include a high incidence of stillbirths, fetal distress, asphyxia, prematurity, low birth weight, pneumonia, congenital malformations, cerebral infarction, and an increased risk to acquired immunodeficiency syndrome.

According to Part H (Public Law 101-476), governors of each state have the authority to designate a lead agency within the state to carry out this legislation. Some lead agencies may include the Department of Education, Department of Health, or Department of Economic Security. Each lead agency has the power, within Part H, to decide whether infants and toddlers who are at risk will be served under the provisions of special education to infants and toddlers. According to The National Early childhood Technical Assistance System (NEC*TAS) (1992), 22% of states include at risk in their definitions for Part H. Of those 11 states, only 6 include services for perinatally exposed infants and toddlers in their at risk definition. The National Association for Perinatal Addiction Research and Education (NAPARE), (1993) defines perinatally exposed as, "fetal exposure to inappropriate use of licit or illicit drugs." Delivery of care is not systematic between these state agencies. There is a lack of knowledge of which services, if any, each delivery system offers to perinatally exposed infants/toddlers and their families. Therefore the purpose of this study was to examine the delivery of services in the six states that serve this population under the at risk definition of Part H and compare those results to three states that do not serve perinatally exposed infants and toddlers under this legislation. Telephone interviews of 9 state Part H Coordinators were conducted to obtain information concerning various services provided to substance exposed infants/toddlers and their families. Six of those states claimed to provide services to perinatally exposed infants and toddlers under the at risk definition of Part H and three made no such claims. Data from the survey instrument were analyzed using qualitative analysis. Findings of the study revealed that only health department lead agencies provide services to perinatally exposed infants/toddlers and their families under the at risk definition of Part H of the Individuals with Disabilities Education Act. Data analysis provided information for making recommendations to governors and lobbying organizations who are concerned about providing services to perinatally exposed infants and toddlers. / Ed. D.

This study examined the impact and extent to which drugs and alcohol, consumed by mothers prenatally and perinatally, has affected their capacity to attach to their children. It examined the role the dependent variables measured (i.e. drug(s)/substance(s) abused, demographic information) played in the attachment process. Data was collected from mothers currently participating in the perinatal substance abuse treatment at the San Bernardino County Rialto program.