Moms of Black Babies More Likely to Be Flagged to Police Over Alleged Pregnancy Drug Use

This article was published by The Marshall Project.

Medical centers can report claims of pregnancy substance use to child welfare agencies, which can then refer the cases to law enforcement. Using birth rates in eight states, The Marshall Project estimated that Black babies are around two and a half times more likely than White babies to be flagged to law enforcement over claims of substance exposure in the womb.

During a seven-year period, child welfare agencies across 20 states referred the parents of more than 25,000 Black newborns to police or prosecutors over alleged pregnancy substance use, The Marshall Project found. In eight of those states that had enough detailed data to compare estimated rates of referrals across Black and White children, all showed referrals were more common when the cases involved Black families.

The referrals to police likely contribute to higher rates of depression and stress among Black postpartum women, exacerbating the Black maternal mortality crisis, said Miriam Mack, senior legal counsel at the advocacy group Movement for Family Power.

“It’s not about what you do, what substances you use, how much you’re using, whether you’re using, but it's about who you are,” Mack said. “It’s about the simple fact that you are Black and you have given birth in the hospital.”