Drug charge against pregnant woman is unusual in NH

Published: November 15, 2007 11:55 am
(It's quite odd for this woman to be arrested and charged, whereas in the State of NH, a woman Can Not be charged with abuse and neglect for pre-natal drug use. In which case, DCYF then covers their behinds by charging the mother with "anticipated neglect in the future". Also, in the State of NH, an unborn fetus is NOT considered a human being!)

Drug charge against pregnant woman is unusual

By James A. Kimble , Staff writer
Eagle-Tribune
A Hampstead woman may be the first in Rockingham County to be arrested on charges of shooting heroin while being pregnant.

But state officials said it isn't uncommon for parents to have some form of substance abuse - from alcohol to hardcore narcotics.

"Typically, we would find out if a baby is addicted to a substance after the child is born," said Maggie Bishop, an administrator with the Department of Health and Human Services.

When there's enough evidence to support it, police can file criminal charges.

Hampstead police charged Nina Doane, 22, with a misdemeanor child endangerment charge on Oct. 26. Doane is about five months pregnant, according to a complaint filed in Plaistow District Court.

Police did not say how they came to arrest Doane. If convicted, she faces up to a year in jail, with court-ordered counseling and up to a $2,000 fine. Health and Human Services could step in and file court action to take custody away from Doane.

Investigators with the state's Child Protection Bureau, a branch of Health and Human Services, found 33 percent of the neglect cases in Southern New Hampshire last year involved substance abuse issues that impacted children. Those cases included parents addicted to alcohol, and a variety of illegal or over-the-counter drugs.

The bureau's Salem-based office conducted 477 new neglect investigations in 2006 in Salem, Atkinson, Chester, Danville, Derry, Hampstead, Kingston, Sandown, Windham, Londonderry, Newton and Plaistow.

Statewide, the agency conducted 6,929 investigations, with 34 percent, or 2,379 cases, involving substance abuse that affected a child. The agency does not track how many children are born addicted to a substance or the types of substances, Bishop said.

Melissa Correia, an administrator with Health and Human Services Bureau of Quality Improvement, said the number of neglect cases involving substance abuse has remained fairly static over the last five years.

County Attorney James Reams said Doane's case may be a first for Rockingham County, but such charges are being tried more and more around the country.

"It's not done here very often," Reams said. "I'd characterize it here as something that's very rare."

Prosecutors must prove that Doane knew heroin would be harmful to her baby. They could use expert witnesses to explain to a judge or jury how drugs can affect the development of an unborn child, Reams said.

Doane is due for her first court appearance on Dec. 17, 2007


http://www.eagletribune.com/punewsnh/local_story_319115647