Shackled And Pregnant: Wis. Case Challenges ‘Fetal Protection’ Law - MSNBC

[WillyT]

Shackled and pregnant: Wis. case challenges ‘fetal protection’ law
By Daniella Silva, NBC News
10/24/13



<snip>

When Alicia Beltran was 12 weeks pregnant, she took herself to a health clinic about a mile from her home in Jackson, Wis., for a prenatal checkup. But what started as a routine visit ended with Beltran eventually handcuffed and shackled in government custody – and at the center of a first-of-its-kind federal lawsuit challenging the constitutionality of a state’s fetal protection law.

On July 2, Beltran, 28, met with a physician’s assistant at West Bend Clinic at Saint Joseph’s Hospital in West Bend, Wis., for her prenatal visit. When asked to detail her medical history, Beltran admitted a past struggle with the painkiller Percocet. But that was all behind her, Beltran said: She had been taking Suboxone, a drug used to treat Percocet dependency. Lacking health insurance and unable to afford the medication, Beltran had used an acquaintance’s prescription and self-administered the drug in decreasing doses. She had taken her last dose a few days before her prenatal visit.

According to Beltran, the physician’s assistant recommended she renew her use of Suboxone under a doctor’s supervision. After Beltran declined, she said she was asked to take a drug test, which was negative for all substances except Suboxone. Two weeks later, a social worker visited Beltran at home and told her that she needed to continue Suboxone treatment under the care of a physician, and again Beltran declined. Two days later, Beltran found police officers at her home, who arrested and handcuffed her.

According to the police report, the officers took Beltran to a hospital, where she underwent a doctor’s exam. Her pregnancy was found to be healthy and normal, her lawyers say. Police then took her to Washington County Jail to await a hearing – hours later, she was led into a courtroom, handcuffed and shackled at the ankles, where a county judge ordered her to spend 90 days in a drug treatment center.

“Alicia had no idea she was giving information to the physician’s assistant that would ultimately be used against her in a court of law,” said Linda Vanden Heuvel of Germantown, Wis., one of Beltran’s attorneys. “She should not have to fear losing her liberty because she was pregnant and she was honest with her doctor.”

At the hearing, her lawyers say, the judge told Beltran that an attorney would not be provided for her at that time but...

<snip>

More: http://usnews.nbcnews.com/_news/2013/10/24/21117142-shackled-and-pregnant-wis-case-challenges-fetal-protection-law?lite

[uppityperson]

1. k&r for wtf?

[warrior1]

2. sue the fucking asses off of all of them

[elehhhhna]

12. MONSTER HIPPA violation there, guys.

[cui bono]

25. Maybe Barton will bring this up in his Monkey Court where they are "concerned" about HIPAA.

Last edited Fri Oct 25, 2013, 12:30 PM - Edit history (1)

http://sync.democraticunderground.com/10023913658


Edited to fix HIPAA. Monkey see, monkey do.

[Skittles]

35. just so y'all know - it is HIPAA

(The Health Insurance Portability and Accountability Act of 1996)

[cui bono]

37. Thanks. Fixed. Monkey see, monkey do!

[Skittles]

38. you want I should kick your monkey ass, cui bono?

BONUS TIME, BABY

[bettyellen]

3. So fucking disturbing. Not happy to see the lack of outrage here either.

We have dozens of libertarian types who'd be incensed if they took her gun- but her freedom, meh!

Start arresting men for not supporting their progeny, if we really care about the health and welfare of our children. It's obvious we are just looking for easy targets, and as long as they're not men, too many are unconcerned. Fuck that!

[Scuba]

4. A very red, red, red part of Wisconsin as illustrated by Glenn Grothman's "representation".

[KT2000]

5. a nighjtmare that must be stopped

this is Handmaid's Tale. How long before they take the babies away for the infertile wealthy.

The PA should be fired and sued - too anxious to use authority.

Moral of this story is to lie to so-called healthcare providers in this America.

[Ilsa]

6. This is obscene and those male court officers and

LEOs would never have put up with this. But for some reason, women have become a form of public property, rights be damned.

Women need to fight back. I hope she sues them all.

[DLevine]

7. The war on women continues. So disgusting. nt

[ismnotwasm]

8. This is where all that anti-choice evil crap leads

It's horror waiting in the wings. Thank God for Peo-Choice activists--where ever you are.

[bettyellen]

9. THIS!

[DesertRat]

10. Wow! k&r

[Bunnahabhain]

11. I have so many problems with this

Physician/patient relationship, rights of a potential person vs. a real one, and the general perversion of freedom and choice.

[tallahasseedem]

13. This truly scares the crap out of me...

not to mention the violation of her privacy. Who's to say that the RWNJ wont go on a crusade to staff women's centers to feed the system?

[Rex]

14. WTF!?

Thank you for linking this from another thread! HOLYSHIT that is slavery!

[DontTreadOnMe]

15. kick!

Where are attorneys here on DU ready to take on this case?... this seems like a no-brainer win.

[Rosa Luxemburg]

16. OMG!

[surrealAmerican]

17. If it is a goal for the state of Wisconsin to discourage women ...

... who are (or may be) pregnant from seeking medical care, this would be an effective tactic. So the question is: is this their goal?

[DirkGently]

18. Saw this. Absolute insanity. n/t

[Gormy Cuss]

19. Thank goodness we don't live in a country with socialist medicine.

You know, the kind of place where she could have gotten a refill on that Suboxone and routine medical checkups without worrying about not having the money to pay for it.

[etherealtruth]

20. The world is rife with people that feel they have the right to make decisions ...

... on behalf of women. Clearly, pregnant women are less that autonomous human beings.

If memory serves me correctly, we (DU) had a thread with many applauding a server in a bar refusing to sell a sober legal adult alcohol ... she was of course 9 months pregnant which over-rode her status as a legal self determined adult.

I am no longer shocked by the absence of outrage at occurrences like this ... I am actually, mildly surprised that folk have not come out in support of the State.

[WillyT]

21. Yep... And As Soon As Those Assholes Become Pregnant... I'll Give A Shit...

[seabeyond]

27. Yes. I am not into alcohol. I am always pro baby. And I was fuckin shocked at the number of people,

Mostly men, that demanded the woman should not be served regardless of what doctors, studies or any one else with experience and knowledge said about a woman having one fuckin glass of wine while preg.

So ya, even du

[laundry_queen]

36. I was shocked too

and it made me quite a bit less comfortable as a woman here on DU. Or as a woman, period. I'm glad my baby making days are behind me. I only had wine with one of my pregnancies because I was 2 weeks overdue and was told sometimes a glass to relax can trigger labor. My DOCTOR told me to do it. (It didn't work. Darn.) What if I had decided to have that glass of wine while out to eat dinner or something and was refused service?

Anyhow. Yeah, even on DU.

[Xipe Totec]

22. What affects can a mother's stress have on an unborn baby?

It's easy to dismiss mental issues as being "all in your mind," but what occurs between your ears powerfully influences what's going on in your belly and in your baby after he is born. A mom's anxiety and depression during pregnancy are associated with pre-term delivery, lower birth weight, and admission of her baby to a special care nursery.

Because hormones and other chemicals do cross that placenta barrier, it can be said that a melancholy mom may lead to a melancholy baby. Babies exposed to a mom's anxiety and depression after birth score lower on developmental scales, have more sleeping and feeding problems, and have less interaction with mom. Some babies are very resilient and won't be affected much by stress, but it's best to assume that your stress could negatively affect your baby.

http://www.sharecare.com/health/health-pregnancy/effects-mother-stress-on-baby

Now let's ask who really put the baby at risk here?

Shall we arrest the judge for putting the fetus at risk?

If Ms Beltran miscarries, as a result of the stress of the trial, will the judge be guilty of murder?

Have these assholes thought this thing through?

[seabeyond]

28. That was by far the number one concern my doctor had with me. No stress. Nt

[LittleBlue]

23. This is like something out of 1984

The right is fine demanding she see a doctor but won't contribute a nickel.

F***ing hypocrites

[riderinthestorm]

24. Unbelievable!!! Big K&R!! nt

[cui bono]

26. I don't even understand what they arrested her for...

This whole thing makes no sense at all. She declined a prescription and then she gets arrested and ordered into rehab?

ETA: This is total bullshit and is completely outrageous. I hope she gets a good attorney. Where is the libertarian outrage??? Oh right, it's only freedom for men to enslave women that they care about.

[raging moderate]

29. If they want to prevent abortions, WHY do they punish women for not having them?

This is a shocking miscarriage of justice. The State of Wisconsin (WISCONSIN? WHAT?) a huge apology, with huge financial conpensation, to this young lady and her baby!

[raging moderate]

32. Furthermore, IS a drug treatment center a safe place for a baby?

SOME people are not capable of controlling their behavior while struggling with addiction, which could lead to various dangers from infections, accidents, or even deliberate physical assaults. IF the Wisconsin (WISCONSIN?) authorities are REALLY interested in this baby's welfare, they would not be FORCING this mother to bring it there.

[Nevernose]

30. I don't have the words

It's like an absurdist black comedy. The irony that she is literally in trouble for quitting taking illegal drugs...

[Archae]

31. She did make one big mistake, using that precription that wasn't hers.

Other than that, she's doing the right thing, and the State of Confusion (formerly Wisconsin, hey, I live here in Wisconsin, so I know,) is over-doing it.

And then some.

[ck4829]

33. She lost her job during her for her stay, how is she supposed to provide for her child now?

Abortion is bad, using drugs is bad, but let's create lots of fear, uncertainty, and doubt. THAT will make things better.

What is wrong with people?

[moriah]

34. I might be a bit more supportive of the state if...

... drug tests showed she was continuing to take the Suboxone without going to the doctor, or if she had fallen of the wagon.

But from all accounts, she wanted to come OFF of a drug that might hurt her baby, and they wanted her to stay on it. Twits!