Hennepin County Attorney’s Office will no longer charge pregnant women for using drugs

Hennepin County Attorney Mary Moriarty announced Tuesday that her office will no longer criminally charge pregnant women who engage in drug use.

Touting the reform as a public health initiative as much as criminal enforcement strategy, Moriarty said the hope is that pregnant women who are addicted to drugs will now feel more confident to seek prenatal care without fear of arrest.

“What we would like to do is provide the support and treatment that both the baby and parent need,” Moriarty said. “The key here is to encourage people who are pregnant to come forward for care that will help the health of the baby and the parent.”

The county will not only cease prosecution of cases involving drug use by pregnant women, Moriarty said she will dismiss about 40 cases that are either pending or submitted and will seek to support expungement of prior cases.

Charges were typically submitted by the Minneapolis Police Department after they were alerted by hospital staff. Hennepin County in the past has used diversion programs to help pregnant mothers seek treatment, but Moriarty said the change here is meant to get more women who are addicted to drugs to come forward and ask for help during pregnancy.

“It is very much a public health initiative, and that is how we have been trying to approach substance use across the board,” she said. “We know that criminalization does not deter substance abuse and what we need to do is help people.”

Joining Moriarty were several lawmakers and public health experts including Dr. Cresta Jones, an associate professor at the University of Minnesota who specializes in high-risk pregnancy care. She said this change can help pregnant women dealing with substance abuse potentially find help through family-centered treatment programs in a time of tremendous personal change.

“Someone has just given birth, they have a new baby, they’re in a supportive environment that helps them learn parenting skills, how to best manage their substance use disorder, how to remain in recovery, setbacks they might have if they return to use,” Jones said. “We need those programs and we need to expand them.”

Since the onset of the opioid crisis, some states have added criminal penalties for drug use during pregnancy.

Minnesota has been moving in the opposite direction as many health organizations have warned against such punitive legislation.

Groups like the American College of Obstetricians and Gynecologists have urged states against using the legal system to address substance abuse by pregnant women. Such organizations warn that it has a chilling effect on women’s willingness to seek critical prenatal care, and have instead stressed the need for improved treatment options.

In Minnesota, a pregnant person is supposed to be reported to a child welfare agency if they are using drugs for a nonmedical purpose or drinking alcohol in a way that’s “habitual or excessive.” The agency is required under state law to immediately assess the person and offer services, such as referrals to drug treatment or prenatal care. But if the woman refuses services or fails treatment, under state law the agency must seek an emergency hold to place her in treatment.

State lawmakers changed a mandatory reporting requirement for health care or social service professionals in recent years. They no longer need to report a pregnant person for using illegal drugs or excessive drinking if that person continues to get health care services such as prenatal care.

Meanwhile, the state’s system for testing and reporting prenatal substance use is filled with gaps. A task force is currently working on recommendations to improve Minnesota’s process for handling prenatal exposure.

State Rep. Esther Agbaje, a DFLer who represents parts of North Minneapolis and downtown Minneapolis, said at the news conference that this change in Hennepin County can also help with disparity for women of color facing criminal charges or family disruption during pregnancy.

“While we do as much as we can at the Legislature, it takes our partners across government to ensure and implement policies that achieve better outcomes for more people,” she said.

Moriarty noted that this policy is strictly about not charging people who use drugs while they are pregnant and that the safety of the mother and child will remain at the forefront of policy.

“We still have a very robust child protection system in place,” she said. “This is us taking a health approach to encourage those outcomes to be better.”

Star Tribune staff writer Jessie Van Berkel contributed to this report.