"probation officers also were entitled to take action to protect the fetus from Lovill's drug use"

Jailed for being pregnant?
Court to hear arguments on drug user's incarceration.

By Chuck Lindell
AMERICAN-STATESMAN STAFF
Monday, October 19, 2009

Amber Lovill was almost six months pregnant and on probation when a mandatory drug test found high levels of methamphetamine in her system.

What happened next to the Corpus Christi woman — jail time followed by drug treatment in a secure facility for felons — prompted a legal challenge that will be heard this week by the state's highest criminal court.

Lovill argues that she was the victim of gender discrimination and heavy-handed prosecution. Her cause has been taken up by civil liberties and women's rights groups who complain that Lovill was treated more severely than a man or nonpregnant woman in the same situation.

"Women should not be incarcerated because of their pregnancy. It's not healthy for pregnant women or the fetuses or future children that they carry," said Kathrine Jack, staff lawyer at National Advocates for Pregnant Women. "This is just another example of very old stereotypes being used to punish or discriminate against a woman."

Prosecutors say Lovill was targeted for violating her probation, not for being pregnant. But probation officers also were entitled to take action to protect the fetus from Lovill's drug use, said Doug Norman, Nueces County assistant district attorney.

"The use of illegal drugs during pregnancy clearly has an impact on the health of the unborn child that is beyond serious dispute," Norman told the Texas Court of Criminal Appeals in a brief. "The state clearly has an interest in healthy children."

http://www.statesman.com/news/content/news/stories/local/2009/10/19/1019pregnant.html

Yeah, right, the statistics REALLY bear that out.:eyes:
http://www.americashealthrankings.org/2008/states/tx.html
Ranking:
Texas is 46th this year; it was 37th in 2007.

Strengths:
Strengths include a low prevalence of smoking at 19.3 percent of the population, a low prevalence of binge drinking at 15.0 percent of the population, a low rate of cancer deaths at 186.3 deaths per 100,000 population and a moderate infant mortality rate at 6.5 deaths per 1,000 live births.

Challenges:
Challenges include a high rate of uninsured population at 24.9 percent, a high percentage of children in poverty at 25.0 percent of persons under age 18, a high incidence of infectious disease at 23.8 cases per 100,000 population and limited access to primary care with 95.0 primary care physicians per 100,000 population. Texas ranks lower for health determinants than for health outcomes, indicating that overall healthiness may remain low in future years.

Significant Changes:
↑ In the past year, the percentage of children in poverty increased from 22.0 percent to 25.0 percent of persons under age 18.
↑ In the past year, the prevalence of smoking increased from 17.9 percent to 19.3 percent of the population.
↓ Since 1990, the infant mortality rate decreased from 9.3 to 6.5 deaths per 1,000 live births.
↑ Since 1990, the prevalence of obesity increased from 12.3 percent to 28.6 percent of the population.

Health Disparities:
In Texas, low birth weight babies are more common among non-Hispanic blacks at 13.9 percent than Hispanics at 7.2 percent. Access to health care varies significantly by race and ethnicity in the state; 29.3 percent of non-Hispanic blacks and 55.7 percent of Hispanics lack health insurance compared to 16.8 percent of non-Hispanic whites..
State Health Department Web Site: www.dshs.state.tx.us