(Botched) Drug tests for new mothers; The American Civil Liberties (ACLU) says poppy seeds trigger child neglect Investigations for New Jersey there - saying the tests are, "unnecessary and nonconsensual - and risk false positives (erroneous results) which "can be disastrous", because they, "may mean the loss of custody of children and, in some states, legal prosecution." Jason Sullum; 'Reason.'..."The real blame, according to state discrimination complaints that the American Civil Liberties Union (ACLU) of New Jersey filed in March, lies with the hospitals. The ACLU says they conducted surreptitious, medically unnecessary, and woefully inadequate drug tests, then reported the erroneous results to the state. "No one should be subjected to unnecessary and nonconsensual drug tests," ACLU staff attorney Molly Linhorst said in a press release. "Our clients are sending a clear message to hospitals that these testing and reporting policies are unacceptable. Discriminatory testing policies like these upend what should be a time of joy for families, and so often subject them to further trauma and unwarranted investigation by the state." The message that the ACLU is trying to send should have been received long ago."

PASSAGE OF THE DAY: "The risk of false drug test results caused by poppy seed consumption has been widely recognized for many years, and litigation involving precisely the situation that Kate and Kaitlin encountered goes back more than a decade.  Several of those lawsuits led to settlements with hospitals and/or child welfare agencies. The American College of Obstetricians and Gynecologists, which opposes drug testing of perinatal patients, warns that the "legal consequences" of false positives "can be devastating to the patient and her family."  The U.S. Department of Health and Human Services likewise notes that such erroneous results "can be disastrous," because they "may mean the loss of custody of children and, in some states, legal prosecution." Despite those warnings, the hospitals that treated Kate and Kaitlin used codeine cutoffs far below the federally recommended standard. The hospitals declined to comment on the complaints. "

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STORY: "Poppy Seeds Trigger Child Neglect Investigations for New Jersey Moms," by Jacob Sullum, published by 'Reason,' in the July 2023 issue. (Jacob Sullum is a senior editor at Reason and a nationally syndicated columnist. He is an award-winning journalist who has covered drug policy, public health, gun control, civil liberties, and criminal justice for more than three decades.)

SUB-HEADING: "Drug tests for new moms are "unnecessary and nonconsensual," argues the ACLU."

GIST: "Before Kate L. gave birth to a baby girl last September, a nurse at New Jersey's Hackensack University Medical Center collected a urine sample from the soon-to-be mother. 

Kate thought nothing of it, because she was accustomed to having her urine tested for protein levels during her pregnancy.

 She had no idea that her urine would be tested for drugs, which resulted in a terrifying, monthslong investigation aimed at determining if she was a fit mother.

Kaitlin K. had a similar experience when she gave birth to a baby boy at Virtua Voorhees Hospital in Camden County, New Jersey, the following month. 

The immediate culprit in both cases seems to have been a poppy seed bagel that triggered a false positive for opiates.

 That, in turn, led to state investigations of alleged child neglect.

The real blame, according to state discrimination complaints that the American Civil Liberties Union (ACLU) of New Jersey filed in March, lies with the hospitals. 

The ACLU says they conducted surreptitious, medically unnecessary, and woefully inadequate drug tests, then reported the erroneous results to the state.

"No one should be subjected to unnecessary and nonconsensual drug tests," ACLU staff attorney Molly Linhorst said in a press release. 

"Our clients are sending a clear message to hospitals that these testing and reporting policies are unacceptable. Discriminatory testing policies like these upend what should be a time of joy for families, and so often subject them to further trauma and unwarranted investigation by the state."

The message that the ACLU is trying to send should have been received long ago. 

The risk of false drug test results caused by poppy seed consumption has been widely recognized for many years, and litigation involving precisely the situation that Kate and Kaitlin encountered goes back more than a decade.

 Several of those lawsuits led to settlements with hospitals and/or child welfare agencies.

The American College of Obstetricians and Gynecologists, which opposes drug testing of perinatal patients, warns that the "legal consequences" of false positives "can be devastating to the patient and her family." 

The U.S. Department of Health and Human Services likewise notes that such erroneous results "can be disastrous," because they "may mean the loss of custody of children and, in some states, legal prosecution."

 Despite those warnings, the hospitals that treated Kate and Kaitlin used codeine cutoffs far below the federally recommended standard.

The hospitals declined to comment on the complaints. 

A Virtua spokesperson said the company, which is "dedicated to providing safe, comprehensive, and equitable care," was "fully committed to reviewing this matter.""

The entire commentary can be read at:

https://reason.com/2023/06/13/poppy-seeds-trigger-child-neglect-investigations/

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;

SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL

https://www.blogger.com/blog/post/edit/120008354894645705/47049136857587929

FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices.

Lawyer Radha Natarajan;

Executive Director: New England Innocence Project;

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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Christina Swarns: Executive Director: The Innocence Project;

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YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.”

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-1234880143/

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