Hello, I'm glad to have joined the list here.  I'm Shannon Lee Denney, an attorney and mother of two children.  I am not currently breastfeeding, but breastfed the my oldest until she was 23 months and my second until she was 25 months.  I was introduced to this list by my dear friend Tina Kimmel.  I look forward to sharing breastfeeding information and, maybe, being able to offer a different thought on things.

Elaine S. Miranda posed two questions of a legal nature.  The first one being allowing a mother who is suspected of illicit drug use to nurse an infant.  The second one is giving a bottle to the exclusive breastfeeding child in the hospital nursery.

The first question is sticky, but, in my opinion, has a fairly clear cut answer.  While I know of no cases on the subject, I am aware of several cases in Oklahoma where the child was born with methamphetamine in the baby's system.  The mothers have been criminally charged with child endangerment and child welfare services have removed the child. I would think that the courts could follow the trend and convict the breastfeeding mother of child endangerment as well, if the prosecution would press the subject.  That being said, however, I think it would be a far reach to withhold the child from the mother based on unsubstantiated allegations.  The mother should be counseled as to the possible legal damages which could be brought against her for child endangerment, but I can think of no legal way that the child can be withheld until child welfare services has been contacted and a determination has been made by the court as to an emergency order removing the child.  And, I am sur
e that everyone is aware of the legal duty to report suspected child abuse.

The second legal question is interesting to me.  Again, I do not think there is much legal recourse at this time, unless the mother wants to pursue a civil battery complaint against the hospital.  In my opinion it would be a difficult legal battle at this time.

Hope this helps and glad to be here.
Shannon

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