State v. Kruzicki

North West Rep Second Ser. 1997 Apr 22:561:729-49.

Abstract

KIE: The Wisconsin Supreme Court reversed the appellate court's denial of review of writs under which a pregnant woman sought release from the court's detention and protective custody of her viable fetus. Although she had given birth, the court considered the now moot issue of a child in need of protection or services. When Angela M.W. was thirty-six weeks pregnant, blood tests confirmed drug use in each of the preceding three months and it was decided that her continued use of drugs would cause the fetus serious harm. The county took protective custody of the fetus by a court order requiring that the woman be confined to an inpatient drug treatment facility. After considering the meanings of "child" and "person", the court concluded that under state law a child is a human being born alive, not a fetus. The dissenting judge argued that the meanings of "child" and "person" include a viable fetus.

Publication types

  • Legal Case

MeSH terms

  • Behavior Control*
  • Behavior*
  • Coercion
  • Criminal Law*
  • Fetal Viability*
  • Fetus*
  • Government Regulation
  • Humans
  • Individuality*
  • Jurisprudence*
  • Personhood*
  • Pregnancy*
  • Pregnant People*
  • Prenatal Exposure Delayed Effects*
  • Social Control, Formal
  • State Government
  • Substance-Related Disorders*
  • Treatment Refusal
  • Wisconsin