This post is the first in a three-part series on laws related to drugs, women, and families, written in observation of Women’s History Month. The series is based on original research conducted by three talented women who graced my historical seminar in law at Ohio State University during autumn 2021.
Today’s post summarizes the excellent work of Karen Augenstein. As she writes, the inherent value of family is deeply rooted in U.S. law; yet in legislating drug control over the past 50 years, “the importance of family was forgotten in favor of punishing those with substance abuse issues in the worst way possible: taking away their children.” The paper covers three major acts of Congress (in 1974, 1980, and 1997) that form the basis of child welfare law. These laws prescribed punishments for parental drug use that led to unprecedented rates of family separation and an “explosion of the foster care system,” while parental incarceration resulted in “harsh, impossible requirements for reunification.”