Should Convicted Felons Maintain Parental Rights?
Although the vast majority of Americans behind bars are men, the number of women in prison has grown substantially over the past few years. And most women who are in prison are not just convicts: they are mothers. What is the best way to treat children whose mothers have been placed behind bars? Chapin Hall sponsored a discussion led by a panel of experts to address the needs of incarcerated mothers and their children. A major theme among the discussants was the need to maintain family connections for the sake of both the mothers and their children. Research cited by Nancy La Vigne, a senior research associate from the Justice Policy Center at the Urban Institute, found that women who were able to connect with their kids while in prison formed better attachments to them and subsequently these mothers demonstrated better outcomes upon being released from prison. Sandra Barnhill, executive director and CEO of Foreverfamily emphasized that children need to have regular contact with their imprisoned moms – and not just through letters or even video conferences – but physical contact including hugs and kisses. She also warned the audience to “quit demonizing their parents…they [these children] love their mamas.”
These experts and others on the panel were particularly critical of the 1997 Adoption and Safe Families Act which requires states to begin terminating a parent's right to her child after the child has been in foster care for 15 months. Since the average length of incarceration exceeds this time frame, the result is that women in prison are at risk for losing connection – and all legal ties – to their children if they are placed in foster care while their mothers are serving their sentences. Although only about 10% of children whose mothers are incarcerated end up in foster care (most stay with other family members), panel members clearly believed that this law disrupts families and can even perpetuate the cycle of crime. Their reasoning was based on two facts: (1) women in prison are less likely to recidivate if they have family support and maintain connections to their children, and; (2) children who have stronger connections to family members are less likely to commit crimes. The overall message was to increase opportunities for families to stay connected even if mother is locked away.
Questions to consider:
- How can we best support children whose mothers are incarcerated?
- There is evidence that mothers who maintain contact with their children during incarceration fare better than those who do not continue a relationship with their children. However, little is known about the effects of this relationship on their children. What do you think we should do in light of this gap in knowledge?
- Should all convicted mothers have contact with their children or should only those convicted of certain crimes be able to maintain parental rights?
- If a mother is sentenced to life in prison, or even just five to ten years, should she continue to be her children’s legal guardian?
Your thoughts…
Comments:
 my husband is a convicted felon. and now is going back to prison for living with his own child. he has never been accussed of doing anything to his kids. are they violating his rights? how can they tell him that he doesnt have the right to be a parent to his kids? i see how they can take that right away from him when his parental rights havent been terminated. Posted Sunday, July 27, 2008 by b walker at 02:12 PM
All of the above presentations make good points. There are many reasons why women and men committ crimes and there is no one way to prevent them from making the same mistakes over and over but while we can invest in treatments, clinics and programs to assist the incarcerated we cannot change their mindset. Change must come from within their hearts and minds if change is to last. Soceity has a responsibility to produce the clinics, programs and treatments but we can't make anyone become something they don't want to be. We do, however have a moral, spiritual and social responsibility to provide and guide the child(ren) into a more productive and socially acceptable lifestyle. This is the first step to breaking the cycle of poverty, crime and abuse that they have been exposed to. They must be shown and exposed to something different(hopefully they will be the benefits of not making the same choices their parents made). Mothers in prison will admit if they are honest that they do not want the same way of life for their children and if they do that should become the basis for change.
At some point if they are in prison parental rights must be addressed, that is in all fairness to a child who needs a very present parent for love, support and guidance (no matter what is said those things can't come with separation with bars and guards). As a society we must take care of these children-it has become what is best for them. The parent made a choice to give up the legal rights when they broke the law the child was not given a choice or considered nor were they consulted when that decision was made. So, we must move on and do what is neccessary for the child (ren). Posted Wednesday, April 23, 2008 by mel,North Carolina at 11:10 AM
I am unable to consider a mom in prison to be legal guardian for her children> There is paper work for ever little problem and going back and forth to have sign> The children do need contact with their mom for the bondage of mother and child> The child knows what is going on in their lives> They are very intelligent> We have dad going through the same process too! These dad care about the child or children and right not to see the child is critical> He can pay child support and no contact with child or vs. for mother> The child will give their version about visiting rights with mom or dad> He or she can make that decision in their life soon> We need to keep in mind family> Family is very important to our society> Some family members do take away that bondage with child and mom> Yes, a mistake was mad and mom is away> That mom stil care about her child> She give up for adoption or say>Don't bring my child to me> Some do and take back the words> Lack of knowlegdge we parish>
It is a risk to adding problems to family in America> Most children are in pain with out their mom> Which add more problems to the family and system for more money
We need more family members to think about the child or children and stop taking advantage of the situation with child thinking negative of mom> He or she will find out the truth and family is gone> Whole entire family> Posted Wednesday, April 9, 2008 at 06:22 AM
QUESTIONS TO CONSIDER: What leads these moms to prisons in the first place? Where is society going wrong that people are ending up there so much more frequently now, what about our laws? Isn't that part of the system that we have? The system that causes and allows poverty and oppression to occur in the first place? The system that would do anything to anyone to keep itself going? The system that never has enough money, enough resources, enough programs, enough anything to actually do anything that really needs to be done to make a difference that might make things better. WHAT WE NEED: I think we have to start thinking differently about what "treatment" is, and why we drug so many woman and then get them for that? Or the behaviors caused by the resulting drug problems? It is hard to say what leads a mom to prison, but I can say that it is the system we have mostly and before we can stop that the system must be changed! For change to happen a person must want to change first, for a system to change the people within that system must want to see change first, real change, and not just shame and blame. People first must be the real solution! Not a disease! Not a drug company! Not a prison! Not a job for some to do to others! Not a hospital! I am tired now, but just thought that I might try to answer this??? OUR WORLD MUST CHANGE ITS WAY OF DOING BUSINESS. OUR WORLD MUST CHANGE ITS WAY OF SEEING THE PEOPLE DOING THE BUSINESS IN IT! THAT INCLUDES ME AND YOU TOO! DOESN'T IT? Did the egg come first or the chicken? Posted Friday, March 21, 2008 by frustrated with it all, lol at 11:36 AM
These are important issues but we should avoid simplistic questions that lead to simplistic solutions. The reason that woman end up in prison are so varied that one cannot make rules based on the nature of the crime or length of the sentence. Clearly children who have bonded with their troubled moms, even the most inadequate moms, are harmed by not having frequent and physical contact with them. Contact should be the rule, even if the proces must lead to termination of parental rights and adoption. Exceptions should have compelling reasons. There are good arguments for even making adoptions of such children more open so as to allow for information (and even visits) to occur over the years based on the child's developmental needs. In my practice I have just been involved with a case of a 31 year old man finally finding his 49 year old mom with full support of his adopted parents and his wife, expecting a "train wreck" and finding a badly traumatized woman who had profited from excellent treatment and rehabilitation and was now invovled in a spiritual healing community! This man had commented that his life could have never felt complete until he found his mom, even if she had been a disaster. I agree with the critique of the simplistic ASFA rules, well intended as they are, as no general rule ever can work for such complex human issues. Overarching and rigid rules regarding timing and stipulations like the nature of the crime and length of the sentence lead to decisions that have little to do the needs of a specific child or with what may be going on with the mom emotionally that would effect their relationship with their child. The real determinants regarding contacts and future relationships between incarcerated women and their children are in the realm of mental health and social issues. Until we put the time, money and care into individualized, child and family focused evaluations and care plans for womem in prison and their children we will be at risk of adding to the problems rather then solving them. Posted Thursday, March 20, 2008 by Charley Huffine, MD at 09:59 AM
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