A win for moms, even in prison
Avictory for common sense occurred last week: A Santa Fe judge ruled that moms behind bars have a fundamental right to breast-feed their babies, despite a Corrections Department policy that would not allow skin-to-skin nursing.
The Corrections Department’s policy-in-the-works permitted use of a manual pump to express a mother’s milk for a baby to consume later, but it would not allow mom-to-baby feeding directly. The reasons were many, but Judge David Thomson wisely saw that moms — and their babies — are protected under the state constitution. He even encouraged the state to appeal his ruling — before the trial is concluded — so that a higher court can make its own judgment, calling the issue ripe for further consideration. Generally, appeals don’t take place until after the trial is done.
We believe his reasoning will stand, because the state did not make a compelling case for depriving an infant of what it needs — a mother’s milk, delivered directly. The state’s objections do not hold up to scrutiny; they are shallow and fairly easy to overcome.
According to Corrections Department contract attorney Deborah Wells, moms could not be allowed to cover their breasts while feeding their babies during visiting hours (contraband could be smuggled in). Feeding uncovered is out of the question — it might offend another visitor or inmate, causing complaints to be filed. The judge rightly ruled that these objections are not enough to block breast-feeding.
Thomson issued his ruling in the case of Monique Hidalgo, an inmate who wants to feed her infant daughter, Isabella, on weekends during visiting hours at the prison in Grants. He gave his oral opinion as part of Hidalgo’s request for an injunction to stop corrections officials from halting breast-feeding while her case is pending in District Court. Hidalgo, 33, is behind bars on drug charges. After violating probation several times and absconding for nearly two years, she was sent to prison in October to serve three years. Just before going to prison, Hidalgo discovered she was pregnant.
She had to be treated for her opiate addiction, using methadone, which doctors said is common — quitting suddenly can be dangerous for pregnant women and their babies. After birth, skin-to-skin contact and breast-feeding is helpful in weaning both mothers and babies off medications that treat opiate withdrawal. What’s more, doctors believe that potential postpartum depression and the baby’s neonatal opioid withdrawal are conditions that can be eased by breast-feeding. That’s on top of generally recognized medical benefits of breast-feeding for both baby and mother. Denying Isabella milk directly from her mother could damage her health, not just now, but in the future.
After Hidalgo was released from the hospital, she had a doctor’s order to maintain her milk supply using an electronic pump to express milk and then to breast-feed in person during weekend visits. Trouble is, under the initial Corrections Department policy, only manual pumps are available and breast-feeding is not allowed. The new breast-feeding policy is in pilot stages only (and good for the Corrections Department for attempting to make it easier for mothers and their babies; now go further).
Hidalgo did not accept the department’s edict and went to court. Her complaint, then, could end up benefiting not just Isabella, but the children of incarcerated mothers now and for future generations.
Currently, a prison spokesman said there are at least six pregnant women behind bars in New Mexico prisons. A new policy allowing for moms to breast-feed could help babies right away. We understand it is difficult for prison officials to maintain security. The health of babies and the well-being of their moms will be well worth the extra effort.