Garret’s Law is a law supporting the health of drug-exposed infants. If an expectant mother uses drugs, her child may be born addicted to those drugs. The infant can experience withdrawal symptoms, creating a collection of health problems known as neonatal abstinence syndrome (NAS). If an expectant mother uses alcohol, her child may be born with Fetal Alcohol Spectrum Disorder (FASD). In both cases, healthcare professionals are required to refer the child to the Department of Health and Human Services under Garrett’s Law, named after a baby who was born under these circumstances. Garrett’s Law referrals must be made through the Arkansas Child Abuse Hotline. The appropriate officials must meet with the infant and parent to create a Plan of Safe Care for the family. The plan may involve removing the child from the care of the mother, and may include adoption of the child.
What happens to the child?
Under Garrett’s Law, the mother of the child can receive treatment and support for addiction, and may be reunited with her child when she is able to care for the baby. She may also decide to relinquish the child for adoption. She can ask that a relative adopt the child, in which case there will be a home study before the adoption can be finalized. During the process, the child will be in the care of the Department of Health and Human Services.
The child can also be adopted by other parents in a private adoption. These adoptions are fast-tracked, but still require a home study and the usual legal processes. The child must stay in a foster home until the court gives custody to the adoptive parents. The birth mother still has a great deal of control over the process. She has 30 days to work out a Plan of Safe Care, which may include choosing adoptive parents. The adoption can be an open adoption which allows the birth mother to maintain contact with the child.
Whether you are the mother or the adoptive parents in this situation, you will need legal representation and support. Heimer Law can help.
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