New laws will see babies taken from addicted or abused mothers who refuse to seek help
BABIES will be taken away at birth from drug-addicted or abused mothers who refuse to seek help, under new state laws that will kick in while the child is still in the womb.
Pregnant women who abuse drugs or alcohol will be made to sign a Parental Responsibility Contract ordering them to undergo treatment for the sake of their baby.
If they refuse or show no intention of complying, the government will be able to remove the child the moment it is born and use the broken PRC to immediately start formal proceedings to place the baby in the Minister's care.
The new legislation will also extend to pregnant woman who suffer domestic violence. In those cases, the women will be asked to sign a PRC ordering them to either leave their partner, move in with a relative or seek help through domestic violence counselling.
HOW THE NEW LAWS WILL WORK
While the PRC process has been operating for several years, current laws state they can only be applied to a parent after their child is born rather than while it is still in the womb. This means expectant mothers with a drug addiction can continue feeding their habit up until birth.
It is hoped that under the new scheme that will no longer happen and, in best case scenarios, the pregnant women will seek treatment and immediately cease their drug habit.
Babies born with a substance addictions cry in pain for hours, suffer tremors, respiratory problems and have low birth weight.
Family and Community Services Minister Pru Goward said the changes were designed to put the child first and provide the strongest possible incentive for troubled mothers to turn their lives around.
"I make no apologies for taking this bold new approach to child protection, which ensures we are putting the best interests of the child at the centre of every decision we make," Ms Goward said.
The new laws are awaiting final approval from Cabinet before they are submitted to parliament.
"Whether it is raising the stakes on early intervention or improving access to open adoption, these reforms are about providing families and caseworkers with the support and tools they need to ensure vulnerable children have a safe home for life," Ms Goward said.
While it will be a magistrate's decision on whether to place the child in the minister's care, the legislation will state that a broken contract should be viewed as a strong case for a child to be placed in foster care.
NSW Health does not record the number of babies born with drug addictions, however in the three years to 2011 John Hunter Hospital on the Central Coast recorded 238 babies born with an addiction to substances including heroin, cannabis and amphetamines.
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