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Advocacy Project
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Table of Content

 Topic: Children Born Positive to Substances

 Reason for Topic

 Congressmen Contacted: Senator Richard Burr

 Letter to Senator

 Response from Senator

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Children Born Positive to Substances

 NC does not incriminate mothers whose children are born

positive to substances

 CPS/DSS involvement if record of abuse or neglect not found

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Purpose for Change
 Help reduce substance abuse

 Help reduce number of children born positive

 Help mothers obtain help

 Hold mothers accountable

 Not incarcerating, but treatment

 Reduce reoccurrences

 Child’s best Interest:

 Reduce damage of cause by drug use during pregnancy
 Treatment for children
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Senator Richard Burr
z Letter to
September 29, 2018

Senator The Honorable Richard Burr

217 Russell Senate Office Building
United State Senate
Washington, DC, 20510

Dear Senator Richard Burr:

I am writing to you as a student working on her bachelors’ of social work and an active member of
the community through the Guardian Ad Litem program. I urge you to consider a change in the current
law regarding children born positive to substances. The state of North Carolina does not incriminate
mothers whose newborns are born positive to substances. Child and Protective Service (CPS) only
becomes involved if the mother or family is found guilty of neglect or child abuse. The child has to lack
basic necessities or not have proper care arrangements if mother chooses to continue to use substances.
It is important to understand that criminalizing these mother by incarcerating them may result in the
mothers not obtaining proper health services or seek additional help. It is my recommendation that the
state of North Carolina begins to hold these mothers accountable by charging them with child abuse and
neglect and having CPS intervene on behave of the child. The child’s safety and well-being should be
placed above the needs of the mothers.

My recommendation to adjust the law in the State of North Carolina where CPS and the
Department of Social Services finds the mothers guilty of child abuse and neglect. At that moment, the
mother should not be incarcerated but a service agreement plan should be developed to address the
needs for the mother. Recommendations in the service agreement plans should display obtaining
substance abuse counseling, therapy, classes, training, and any other services that may be of a benefit.

I believe as a Guardian Ad Litem volunteer that it is in the best interest of the children and the
state to amend the law(s) to help reduce the rate of substance abuse as well as the rate of children in the
foster care system. Thank you for your consideration and please feel free to contact me if you would like
to discuss this issue further.

Sincerely,

Mariquena Davenport
Guardian Ad Litem Volunteer
287 Feathers Lane
Raeford, NC, 28376
(626) 476-9357