More Content Now /USA TODAY NETWORK
February 26, 2021
Pregnancy can be challenging to a mother and fetus under the
best of circumstances. According to
Johns Hopkins University, pregnant women are particularly vulnerable to life
threatening complications if not closely monitored by a physician.
Without close medical observation, conditions like hyperemesis
gravidarum, a severe form of morning sickness that can cause significant weight
loss; gestational diabetes, which may cause the fetus to grow larger than
normal causing problems during child birth; or preeclampsia which causes
dangerously high blood pressure, can cause harm or death to a mother and child.
Now, imagine pregnancy in jail or prison. Incarcerated
pregnant women are a vulnerable population with special needs. For example,
national guidance provides that they should receive regular prenatal care,
screening, and diagnostic tests. However, the U.S. Government Office of Accountability
(GOA) found that while the U.S. Marshals Service and the Federal Bureau of
Prisons (BOP) have policies on pregnancy-related care, they do not always align
with the national guidance.
Outside of the prison walls the government and private businesses
make a host of accommodations for pregnant and parenting women. The Pregnancy Discrimination Act is a federal
statute that protects pregnant workers and requires covered employers to make
job-related modifications for pregnant employees. The Act forbids employment
discrimination based on pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth.
When a family is expecting a new child, the Family Medical
Leave Act (FMLA) provides equal leave for both the mother and father. Both, or
either covered parent, may take 12 weeks leave for the birth of a newborn. If
both parents work in positions covered by the FMLA, they will both be entitled
to leave. FMLA also provides leave for pregnancy-related health reasons.
In prison, the government is not so generous when it comes
to pregnant women or women who have recently given birth. According to the GOA report, while the Marshals
Service and BOP both have policies in place for pregnant women, not all
policies fully align with national guidance recommendations on 16
pregnancy-related care topics.
Women in the custody of the Marshals Service are typically
those in pretrial detention. Those
inmates may be in federal facilities, but are more likely in state or local
facilities where beds are leased by the federal government. Those in the BOP have been sentenced to a
term of imprisonment.
GAO analyses of available data show that from 2017 through 2019,
there were at least 1,220 pregnant women in Marshals Service custody and 524
pregnant women in BOP custody.
According to The Crime Report, national guidelines created
by the American College of Obstetricians and Gynecologists call for special
nutrition for pregnant women and, if needed, mental health care, as well as
other screenings and services.
According to the GOA the Marshals Service policies align with
only on three of 16 care topics and BOP policies fully align with eight of 16
recommendations.
Prisons and jails are not equipped to properly care for
pregnant women. For instance, pregnant women with mental health problems are
advised to stop taking psychotropic drugs for bipolar, anxiety and depression.
Obviously, confinement exacerbates their condition. Intensive mental health therapy must stand in
the void.
Special nutritional concerns like seafood, foods not fully
cooked or fruit and vegetables not properly cleaned put women and their babies
at risk. Proper intake testing and evaluation, prenatal care and postpartum
care, especially mental health care after separation from a newborn child can
go a long way toward protecting pregnant women and their newborn.
Pregnant women do not belong in prisons or jails, but until
we get to the point where society can achieve an alternative—intensive evaluation,
observation, care and treatment are essential.
(Matthew T. Mangino is
of counsel with Luxenberg, Garbett, Kelly & George P.C. His book The
Executioner’s Toll, 2010 was released by McFarland Publishing. You can reach
him at www.mattmangino.com and follow him
on Twitter @MatthewTMangino)
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