"24 states and the District of Columbia consider substance use during pregnancy to be child abuse under civil child-welfare statutes, and 3 consider it grounds for civil commitment.

"23 states and the District of Columbia require health care professionals to report suspected prenatal drug use, and 7 states require them to test for prenatal drug exposure if they suspect drug use.

"19 states have either created or funded drug treatment programs specifically targeted to pregnant women, and 17 states and the District of Columbia provide pregnant women with priority access to state-funded drug treatment programs.

"10 states prohibit publicly funded drug treatment programs from discriminating against pregnant women."

Source

Substance Use During Pregnancy. Guttmacher Institute. May 1, 2018. Washington, DC.