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The overlap between child protective services (CPS) and the criminal legal system has raised concerns regarding the criminalization of families involved in prenatal substance exposure (PSE) cases. Although CPS responses to PSE are intended to be supportive and diversionary, law enforcement involvement may introduce punitive mechanisms that disproportionately affect vulnerable families. This study examines factors associated with criminal legal system involvement in CPS PSE cases using data from the National Child Abuse and Neglect Data System (NCANDS), with a final analytic sample of 45,579 cases. Two outcomes will be examined: CPS referrals initiated by law enforcement and CPS notifications made to police or prosecutors following investigation. Analyses will include descriptive statistics, mean difference tests, and multivariable logistic regression models assessing caregiver, household, and child-level risk factors. It is expected that caregiver substance use, alcohol use, homelessness, and financial strain will be associated with increased odds of criminal legal system involvement, with differences also anticipated across caregiver and child demographic characteristics. Findings from this study will help clarify whether CPS responses to prenatal substance exposure function as mechanisms of surveillance and punishment rather than solely support, with implications for child welfare policy, diversion efforts, and future research on system overlap and criminalization.
Abigail Dempsey, University of Mississippi
Jordan Medrano, University of Mississippi
Abigail Novak, University of Mississippi
Brian B. Boutwell, University of Mississippi, University of Mississippi Medical Center
Colleen Gutman, University of Florida
Tess Lefmann, University of Mississippi
Thomas Bryan Smith, University of Mississippi