Alcohol Related Birth Injury (FAS/FAE) Resource Site

The Role of Law Enforcement and the Judicial System in the Prevention of ARBI

Recent research studies have revealed that our prison system is filled with adults with Fetal Alcohol Syndrome. The key opportunity that presents itself to members of the Judicial system is directly related to the concept of early identification and intervention. Commonly, it is the Law Enforcement Officer on a street beat that encounters an intoxicated pregnant woman. Knowledge of community referral resources pregnant women in crisis provides an alternative to incarceration and places the woman in a system designed to support the pregnant woman in her efforts not to drink.

The best method of dealing with FAS related crime is to prevent it. Several innovative projects have been instituted that have taken the weaknesses commonly associated with FAS teens and adults and turned them into strengths. An excellent example of a community wide project can be found at The TRIUMF Project.

FAS and The Law

The CDC Calls for Fetal Alcohol Syndrome Screening:

A clinic staffed by a team of FAS specialists was assembled to identify previously undiagnosed FAS. The results will be used to identify mothers at risk for having another alcohol affected child.

The Link Between FAS and Youth Crime:

A recent study of young offenders in Saskatchewan revealed that nearly 50% had been born with Fetal Alcohol Syndrome. It was quite clear that the problems of poor judgement and gullibility that became apparent in childhood, are not outgrown.

FAS on Death Row:

Enforced Treatment of Pregnant Moms Who Drink:
On July 1, 1998 South Dakota became the first state to allow judges to cut the number of cases of Fetal Alcohol Syndrome. The statutes included:

allowing relatives or friends to commit a pregnant women to emergency detoxification centres for up to two days.

allow judges to confine them to treatment centres for as long as nine months.

makes drinking while pregnant a form of child abuse.

Critics felt that this law violates maternal rights and say it could alienate women from friends and relatives. It is expected that this law will be challenged under Civil Rights Laws. (Source Document)

It Takes A Community to Prevent Fetal Alcohol Syndrome

On a more positive note, the Manitoba government is taking steps to address FAS by assisting the high risk woman. Once identified at being at risk of giving birth to another Fas child, the woman is assigned a community advocate who will work with her on a one to one basis for three years.

FAS and Youth Protection Workers

A common thread of conversation between parents and caregivers of FAS children involves the presence of an adversarial relationship with Social Service staff that often results from what they feel are false claims of abuse from their FAS children. The frustration evolves from the fact that there is no mechanism for parents/caregivers to sue the worker who is alleged to have dealt with the case in a malicious manner. Laws in Canada apparently do not offer the same protection to Child Youth Workers who are found guilty of gross negligence. If you are interested in hearing what the caregivers on the front line have to say, join FASlink by sending an E-mail with "subscribe" as the subject to faslink@list.ccsa.ca.

Case Law and FAS

A search for case law involving FAS in the US and Canada revealed a few articles. If you are interested in more information, follow the links for the legal nitty, gritty.

A Case of Damaged Goods?

Lawsuit by the adoptive parents of two newborn babies contends that the adoption agency deliberately hid the fact that the children had severe mental and physical disabilities. After having the children 6 months, they received a report that stated that the children's medical conditions were likely related to exposure to drugs and alcohol during pregnancy, and a lack of prenatal care. On summary judgement, the district court dismissed all of the parents claims stating they could have returned the children to the adoption agency as set forth in the placement contract.

Appeal of the Conviction of a 20 Year old male for Sexual Assault against a 14 year old Foster Child with FAS

The fact that the victim had been in foster homes since she was 5 years old and was a target due to her unusual vulnerability did not go unnoticed by the court.

Who's Fault is it Anyway?

When a child is born with Fetal Alcohol Syndrome, the parents file a lawsuit against the makers of the California Cooler that caused the defects. Do we need to tell that the parents lawsuit was dismissed? This lawsuit involved two insurance companies fighting over who should pay the court litigation costs prior to case dismissal.

Special Reports

FAS/FAE Sufferers "Consciously" Do the Wrong Thing

According to this report 75% of men with FAE and 55% of the men with FAS get in trouble with the law. For the most part, the crimes involve "borrowing without permission," but incidents of homicide do occur.

The Casino Killer - Jeffrey Strohmyer

18 year old Jeremy Strolmeyer brutally raped and murdered a 7 year old child in a Las Vegas casino bathroom. A special on 20/20 ABC revealed that his birth mother was schizophrenic and suffered from a drug and alcohol addictions. Jeremy's adoptive parents were devastated. Jeremy's advice to his parents? "Watch your children."

Resource Links for ARBI & The Law