NCJ Number
56918
Journal
New England Journal on Prison Law Volume: 4 Issue: 1 Dated: (FALL 1977) Pages: 141-155
Date Published
1977
Length
15 pages
Annotation
THE STATUS OF INCARCERATED WOMEN WHO ARE MOTHERS IS SURVEYED, WITH PARTICULAR ATTENTION TO STATUTORY AND CASE LAW PERTAINING TO INVOLUNTARY TERMINATION OF PARENTAL RIGHTS.
Abstract
THE DISCUSSION TOUCHES ON THE PROBLEMS OF WOMEN WHO GIVE BIRTH IN PRISON, THE LACK OF FACILITIES FOR CHILDREN WHO VISIT THEIR MOTHERS IN PRISON, THE PROBLEM OF EXPLAINING TO A CHILD WHERE HIS OR HER INCARCERATED MOTHER IS AND WHY, REASONS FOR BEING MORE CONCERNED ABOUT INCARCERATED MOTHERS THAN INCARCERATED FATHERS, AND THE GENERAL NEED TO EVALUATE THE ENTIRE RELATIONSHIP BETWEEN INCARCERATED MOTHERS AND THEIR CHILDREN. IT IS NOTED THAT FEMALE OFFENDERS WHO ARE MOTHERS FACE A TWO-PRONGED SENTENCE: THE PRISON TERM; AND THE TEMPORARY OR PERMANENT DEPRIVATION OF THEIR PARENTAL RIGHTS, WITH ALL THE PSYCHOLOGICAL TRAUMA THAT DEPRIVATION IMPLIES FOR BOTH MOTHERS AND CHILDREN. IT IS FURTHER NOTED THAT, WHILE A DEFINITION OF PARENTAL RIGHTS IS ELUSIVE, SOCIETY DOC RECOGNIZE NATURAL PARENTS' SPECIAL INTEREST IN THE CARE, CUSTODY, AND NURTURE OF THEIR CHILDREN. AMONG THE CONCLUSIONS OF A SURVEY OF THE LAW PERTAINING TO INVOLUNTARY TERMINIATION OF PARENTAL RIGHTS IS THE IDEA THAT THE CRITERIA USED TO ASSESS FITNESS FOR PARENTHOOD SHOULD BE REDEFINED. IT IS ALSO CONCLUDED THAT THE DESTRUCTION OF RELATIONSHIPS BETWEEN INCARCERATED WOMEN AND THEIR CHILDREN MUST END AND THAT PROGRAMS TO FACILITATE COMMUNICATION BETWEEN INCARCERATED WOMEN AND THEIR CHILDREN MUST BE ESTABLISHED--FACILITIES FOR MAINTAINING INFANTS IN PRISON WITH THEIR MOTHERS, EXTENSION OF WORK-RELEASE PROGRAMS TO PERMIT MOTHERS TO PERFORM THEIR PARENTAL DUTIES, EXPANSION OF VISITATION PRIVILEGES ACCORDED MOTHERS--AND SHOULD BE MADE AN INTEGRAL PART OF ALL WOMEN'S CORRECTIONS SYSTEMS. EXAMPLES OF SUCH PROGRAMS THAT HAVE BEEN INPLEMENTED IN THE UNITED STATES AND IN. WEST GERMANY ARE CITED. FOOTNOTES AND A DATA TABLE ARE SUPPLIED. IN