Hospital Drug Tests: Criminalizing New Mothers

Shoshana Walter of The Marshall Project has uncovered a deeply troubling trend in hospitals across the United States, women are being reported to child welfare authorities after drug tests detect substances that were actually prescribed during medical procedures. Her investigative piece reveals how hospitals are systematically misinterpreting drug test results, leading to traumatic consequences for new mothers.

The article illuminates this issue through compelling personal stories, such as Amairani Salinas, who was reported to child welfare after testing positive for midazolam, a drug the hospital had administered during a heartbreaking procedure involving her stillborn child. Similarly, Victoria Villanueva faced a harrowing investigation after morphine used during her labor appeared in her newborn’s meconium test, despite having no history of drug use.

The current testing and reporting system is fundamentally flawed. Hospitals rely on highly inaccurate drug tests prone to false positives, and medical professionals often lack the training to properly interpret these results. Mandatory reporting laws protect hospitals from liability, creating a system that prioritizes bureaucratic compliance over individual human experiences. Critically, no state currently requires confirmation of test results before reporting, which means mothers can be subjected to invasive investigations based on potentially erroneous data.

The consequences for these women are devastating. Child welfare investigations can lead to temporary child removal, emotional trauma and a complete disruption of the critical early bonding period between mother and child. Medical conditions or birth complications are often misinterpreted as signs of potential drug use, further compounding the injustice.

Ultimately, the article argues that this practice not only harms vulnerable women but also diverts crucial resources away from investigating genuine cases of child abuse. It serves as a powerful call for systemic reforms in hospital drug testing and reporting protocols, highlighting the urgent need to protect the dignity and rights of birthing patients.