Rossow v. Charron Defending 2,000 Idaho mothers facing a decade of stigma and instability
Current Status
The pre-trial discovery phase of our case has concluded, and we will likely go to trial in the early months of 2027.
Contact
Legal Voice Communications
media@legalvoice.org
Background
In Idaho, hospital staff may test a mother and her newborn for drugs without her explicit consent. And if they detect even a trace amount of an illegal substance, then the mother can be placed on the child abuse registry for 10 years.
It doesn’t matter if the mother was unaware of the exposure or if it was second-hand.
It doesn’t matter if her baby is healthy.
It doesn’t matter if she is a responsible parent.
Her name will still show up on the same list as those who have physically abused, neglected, or abandoned their children.
That fact can have devastating consequences on her career. She may forfeit progress on her retirement savings. She may be dropped from employer-sponsored medical insurance. She may only be able to find jobs that don’t require a background check. And even if she can return to work one day, she will have lost her seniority.
This kind of disproportionate punishment has no beneficial outcomes for her family or society. That’s why major medical groups — including the American Medical Association, the American College of Obstetricians and Gynecologists, the American Academy of Pediatrics, and the American Society of Addiction Medicine — oppose the prosecution of pregnant people based on drug use.
Our Case
Our class action lawsuit represents every Idahoan who is — or will be — listed on Idaho’s child abuse registry for using THC (the main psychoactive compound in cannabis) during pregnancy. Currently, that class includes more than 2,000 women.
We believe the punishment dealt to these women is unconstitutional because it violates the right to due process as guaranteed by the 14th Amendment of the U.S. Constitution. The state cannot arbitrarily label new mothers as “child abusers” without showing that they have abused, neglected, or abandoned an existing child.
Plaintiff
All people who are listed on the State of Idaho Child Protection Central Registry for using THC while pregnant, as well as those who may be listed in the future.
Defendant
Juliet Charron, the director of the Idaho Department of Health and Welfare, who was appointed to her role in September 2025. The previously named defendant was her predecessor, Dave Jeppesen.
“If Idaho wants healthier mothers and healthier children, the answer cannot be to brand mothers as child abusers and undermine their ability to earn a living. A policy supposedly designed to protect families should not make those families poorer.”
—William Mitchell, Legal Voice’s Idaho Policy Director