Abstract
Abstract: Rapid and recent developments in prenatal care, combined with an increase in knowledge of fetal development, have led to a higher scrutiny of maternal behaviour during pregnancy. Novel tools for the detection of prenatal exposure to drugs and alcohol are currently being explored in research and in practice. Neonatal hair and meconium are two novel screening matrices. National clinical practice guidelines regarding neonatal hair and meconium screening do not currently exist. Health care providers have questions regarding new screening modalities, including what constitutes an indication to screen, whether informed consent is required, and the uses to which screening results will be put. This study found that screening results have been used as evidence in the Canadian courts in multiple contexts, and argues that policies and guidelines for screening practices, along with judicial education, is essential to protect the rights and interests of both children and mothers.
