A New York judge banned a drug-addicted mother from getting pregnant, a move that has people criticizing the judge.
Family Court Judge Patricia Gallaher ruled that a mother of four must refrain from getting pregnant until she has gotten her son back into her custody, reports Fox News.
“Society and its problems are changing, especially with the incredible rise in the use of heroin, and this court needs to adjust in response instead of doing the same tired routine which does not solve the obvious problems in so many cases,” the judge wrote.
The mother, Brandy F., used to work as a prostitute and routinely took crack cocaine, methadone and alcohol while pregnant with her now infant son, Steven. When Steven was born, he showed signs of drug withdrawal.
Brandy also has three other children who no longer live with her. Two of Brandy’s other children were also born addicted to drugs and had to be taken away.
Brandy’s situation represents “exactly the kind of case where the respondent neglectful mother should be using birth control,” Gallaher wrote. The Department of Human Services has been ordered to provide birth control for the mother.
She will not go to jail if she doesn’t listen to the ruling.
Gallaher wrote that she hoped her ruling would give Brandy the opportunity to restructure her life so she could become a better mother to her children.
Brandy’s children “would most probably rejoice in having (a) mother who was clean, sober and competent, and hopefully even would love them as a mother should love her children,” Gallaher added.
Some organizations have spoken out against the ruling. Monroe County Public Defender Tim Donaher plans to appeal the ruling and the New York Civil Liberties Union might help with the appeal process.
“If the courts and our child welfare systems were truly committed to the health and well-being of families, they would ensure people have the supports they need in order to feed, shelter, educate and care for their children in safe environments,” said Jennifer Flavin, a professor who is also a part of the National Advocates for Pregnant Women.
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