Confidentiality of Substance Abuse by Pregnant Woman

Grand Traverse Band of Ottawa and Chippewa Indians - Tribal Code Title 10 § 113

Tribe: Grand Traverse Band of Ottawa and Chippewa Indians

§ 113 – Drug/Substance Abuse During Pregnancy (a) Jurisdiction. The Children’s Court may assume jurisdiction; upon a showing by a preponderance of the evidence, over a woman who is or has been abusing alcohol or controlled substances during her pregnancy. (b) Court Order. Upon assuming jurisdiction, the Court may enter orders requiring a pregnant woman to cease and desist any substance abuse, submit to reasonable measures to assure her nonuse, and to engage in community based or inpatient treatment programs and prenatal care. Such court orders may be enforced through the Court’s civil contempt powers. (c) Privileged Information. Information made available pursuant to a Children’s Court order regarding a woman’s drug/substance use during pregnancy may not be used in a criminal prosecution against the woman.

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