Sponsor Statement for HB 378

"An Act relating to involuntary commitment of alcoholics or drug abusers who are pregnant."

Alaska is poisoning pre-born children with alcohol at the highest rate in the nation. Pre-natal alcohol poisoning is the leading cause of mental retardation in our country. The children with full blown Fetal Alcohol Syndrome, have reduced stature, small brains, IQs below 80, facial disfiguration, and a series of health problems. In a lifetime, the state of Alaska spends over a million dollars on each of these children. In one case within the sponsor’s district, the state has spent a million dollars on health care in the first year of the child’s life.

For children with the less severe Alcohol Related Neurological Defects (ARND) the effects are not visible, but the children have permanent mental dysfunctions which leave them with reasoning deficiencies and a limited capacity to identify with others; this is almost the classic definition of a sociopath. Experts believe that more than half of our prison population has ARND related problems. The impact for the families of these children is profound because of the disproportionate amount of attention and care that these children require. We have communities in our state where the experts believe that up to half of the entering kindergarten/grade one children have permanent alcohol related mental retardation. The entire school population is skewed to deal with these innocent victims.

We, as a state, have struggled to deal with this unfolding tragedy and to find ways to prevent this tragedy. We are increasing our efforts toward education and early intervention for women who have a high likelihood to drink while they pregnant. We have a woman in our state who has produced eight FAS children and one of the leading advocates for the FAS/ARND issue is a woman who has given birth to three of these children.

Two years ago, the 19th Alaska Legislature strengthened the laws that provided for placing people in protective custody in the rare cases where they are demonstratively incapacitated over an extended period of time by alcohol and drugs. The statues are very carefully crafted and the criterion for involuntary commitment are very restricted in how and when they may be utilized. Lawsuits have been successfully prosecuted against communities who did not take habitual street drunks into protective custody. This has placed communities in a very difficult position. The new involuntary commitment law has assisted communities to deal with this dilemma.

The professionals in drug and alcohol rehabilitation report that the judicious use of these laws has saved the lives of scores of Alaskans. The individuals who are placed in this protective custody are allowed to detoxify under medical supervision for ten days and then offered options for treatment and support if they choose a path toward sobriety. If they do not choose treatment, they are released and encouraged to keep in touch with support groups.

Leading professionals in Alaska’s battle against alcohol problems have asked the legislature to add a phrase to the statues to allow the judge to also consider the condition of pregnancy as a factor in making the decision to grant protective custody by a treatment facility. HB 378 effectively makes this addition.