NCJ Number
130154
Journal
Fordham Urban Law Journal Volume: 17 Issue: 1 Dated: (1988-89) Pages: 1-26
Date Published
1989
Length
26 pages
Annotation
Incarcerated mothers whose children are in foster care have special needs in maintaining their parental rights, and New York State enacted significant legislation in 1983 to address these needs.
Abstract
The legislation strengthened the legal rights of incarcerated mothers by requiring that child care agencies make diligent efforts to maintain and strengthen the relationship between incarcerated parents and their children. More importantly, agencies must now facilitate visitation between incarcerated parents and their children at the prison. This duty includes providing the children with transportation to the prison. Despite its important advances, the legislation has left two unresolved problems. First, incarcerated mothers lack effective access to court proceedings involving their children. Second, the legislation places an inappropriately strict duty of cooperation in planning and visitation on incarcerated mothers, while failing to require social service agencies and prison officials to provide the mother with the planning resources and visitation necessary to meet this duty. An amendment to the New York Social Services Law is proposed to meet the needs of incarcerated mothers more fully. The amendment should ensure that incarcerated mothers who desire meaningful relationships with the children will not have to fear the permanent termination of parental rights but instead can look forward to being reunited with the children. The article notes that approximately 1,900 and 1,600 women are confined in New York State and New York City facilities, respectively. 124 footnotes