Court to decide if drug use while pregnant is child abuse

Legal Issues

Pennsylvania's highest court will decide whether a woman's use of illegal drugs while pregnant qualifies as child abuse under state law.The Supreme Court recently took up the case of a woman who tested positive for suboxone and marijuana at the time she gave birth early last year at Williamsport Hospital.A county judge ruled that did not qualify as child abuse under the state's Child Protective Services Law, but the intermediate Superior Court said drug use while pregnant can make bodily injury to a child likely after birth.Court records indicate the child spent 19 days in the hospital being treated for drug dependence, exhibiting severe withdrawal symptoms."Mother's actions were deplorable but this court must follow the law," wrote Clinton County Judge Craig Miller in May, ruling the county child welfare agency had not established child abuse occurred.The mother's lawyers argue lawmakers never intended the child protection law to apply to acts during pregnancy."No one thinks using drugs while pregnant is good, but using the criminal justice system and the civil child abuse system to punish people for doing so just makes a bad situation much, much worse," said the woman's lawyer, David S. Cohen.Amanda Beth Browning, lawyer for the Clinton County Department of Children and Youth Services, declined comment.In a filing with Supreme Court, the woman's lawyers said most states, with a few exceptions, "have taken a non-punitive approach to the issue.""Almost every major medical and public health organization has recognized that punishing women for drug use during their pregnancies is counterproductive to public and private health," wrote lawyers for the mother, identified by initials in court records.

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.

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