As the population of incarcerated women continues to rise, so too does the population of incarcerated pregnant women. The question for state governments is whether to continue the policy of removing new children from inmate mothers after birth, or to adopt a more progressive policy of allowing mothers to keep their babies while they are incarcerated. This article addresses the recent history of U.S. prison nurseries and discusses the current nursery program in the state of Nebraska, which is the second oldest operational program in the country.
With fault based divorce in the 1960s, child custody depended primarily on the child’s age. If the child was under seven years old, also known as the ‘tender years,’ the mother would receive physical custody. This was because of the belief at the time that women are good caregivers and it was their job to take care of the children at home. However, if the children were older, custody would be granted to the parent of the same sex. Sometimes judges would also award custody of children dependent on martial or sexual conduct of the spouses. When custody was awarded in this way, the presiding judge could be more focused on the rights of the parents than what is best for the child in that situation. Either way, it was quite noticeable that child custody was based on the judge and their opinion, which could change from case to case.
If you're going through a divorce, child support and child custody may seem like separate issues that need to be resolved independently of one another, but in fact they're two sides of the same coin. Donna C. Crooks Attorney At Law, a Daleville divorce attorney with over 20 years' experience, explains how these to issues are related and what that means for you.
Child custody have been an issue for many years but no clear rules have been established until approximately in the 1970’s. In the early colonial years, the arrangement was unappealing to children and their mothers and possibly doing psychologically damage. Luckily, history has evolved and children’s well-being
Furthermore, female inmates are another challenge for correctional administrators. For example, an important and alarming issue such as overwhelming pregnancy and abortion related health care factors can become expensive. These inmates need special clear, intensive monitoring and observation. According to the American Civil Liberties Union, “200,000 women are living behind prison or jail walls and thousands of these women are pregnant and dependent on the correctional administrators for health care.” (para. 1). Even though correctional administrators are legally obligated to meet their needs, there are guidelines that they must follow. These guidelines are put in place to further assist correctional administrators so that they are not violating the rights and well-being of female inmates who are already pregnant or considering on having a child while incarcerated.
America has the highest prevalence of jailing its citizens. Nearly 2.3 million Americans are behind bars or nearly one percent of the adult population at any given time (Campbell, Vogel, & Williams, 2015). As of 2014, African Americans make up 34% of the incarcerated population. As a result,
Restraints on pregnant inmates Mother Behind Bars examines a lot of inadequate policies and procedures that these states have in place for federal and state correctional facilities. This report card bring up the issue on prenatal care, shackling, prison nurseries, and family based treatment as an alternative to incarceration
Benidalys Rivera is one of seven women to give birth while in the Western Massachusetts Regional Women’s Correctional Center in 2013. In 2013, Benidalys was convicted to serve two and a half years in Chicopee jail for trafficking cocaine. She started to have contractions in her cell, late in
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(Ferst & Erickson-Owens, 2008) Many of these women were lacking education, had been unemployed or underemployed and were lacking adequate health insurance prior to being incarcerated. (Siefert & Pimlott, 2001) In general, most women enter the prison system with a plethora of physical and emotional obstacles; in addition, the health concerns of pregnancy and childbirth increase the challenges presented to institution medical staff to provide the necessary medical and emotional support that this woman will need. The prison health care system has improved considerably over recent years, especially in the area of women’s health and mental health services, often times due to intervention by health, women and civil rights advocacy groups. (Birth, 2000)
Statement of the issue For many years it has been frowned upon to see women in prison. The rate of women in prison is currently higher than it has been in the past. Many of these women that are being incarcerated are leaving behind their families. This could be unfortunate for both the mother and child. For some women, they are still with the child while entering prison. In prisons and jails in the United States 10% of the women population that are incarcerated are pregnant (Hotelling, B. A., Perinatal needs of pregnant, incarcerated women, 2008). Those women who are pregnant may not receive adequate care for themselves or their growing child.
A Historical Review of Mother And Child Programs for Incarcerated Women Susan C. Craig. This article introduces historical accounts and analysis of programs for incarcerated mothers and their children in the United States (Susan C. Craig, 2009).
Even if you and the other parent of the child have an amicable relationship, a child custody lawyer can still offer tremendous benefits. A child custody lawyer in Hoffman Estates, IL can deal with all the technicalities and can take the stress out of, what can be a tedious process.
To make sure that your child will not suffer much from the impact of your divorce, you and your ex-spouse should understand the applicable child custody laws for custodial and non-custodial parents. You have to know the nature and your share of rights and obligations in terms of your child's upbringing. Doing so can be very challenging, so here are some tips to guide you through understanding the legal conditions that govern the custody of your child.
Prison nurseries are a separate facility inside of a prison where mothers and infants are housed together, and insulated from the general population. The mother is responsible for the care of the child during the day, and the child sleeps in a crib in the mother’s cell at night. Most prison nurseries are only available to mothers who give birth to their babies while they are serving their sentence, while women who give birth before they go to prison are not qualified. Prison nurseries are very uncommon in the US, and typically when babies are born to mothers in prison and they can not be placed with family members, they will be placed in the care of the state and the foster care system.