‘Native children belong in Native communities’: tribes decry New Mexico drug-exposed newborn rule

Demonstrators outside of the supreme court in Washington in 2022 as the court hears arguments over the Indian Child Welfare Act. Photograph: Mariam Zuhaib/AP

One morning early last July, Micha Bitsinnie arrived at work to an onslaught of messages from confused families.

New Mexico’s governor, Michelle Lujan Grisham, had just issued a directive mandating the state’s child welfare department seek custody of all newborns who had been exposed to drugs and alcohol in utero. Some parents wondered whether medications that they were taking for addiction recovery, such as methadone, would flag their cases. Healthcare providers wondered whether the fentanyl in an epidural counted as a drug exposure.