While most research has demonstrated that the strongest correlates of development status are social and environmental, it is clear that biological risks, including drug-related ones, can be minimized. State and Federal prosecutors have argued that pregnant women who use drugs are engaged in illegal activity and that they should be arrested, prosecuted, and convicted. According to this view, maternal drug use would be stopped by incarcerating the women or forcing them into drug treatment programs. Most prosecutions have involved poor, minority women who enter the criminal justice system through hospitals and clinics. Health care workers have brought even more women into family court, where they often lose their children to congregate or foster care. The authors argue that health care, drug treatment, and social services must be the first priorities in the effort to help these women and protect their children. 7 notes and 28 references