Parental Rights of Incarcerated Mothers with Children in Foster Care: A Policy Vacuum

Abstract

THE DRAMATIC INCREASE over the past two decades in the number of women in prison has prompted considerable research and advocacy on behalf of those who are mothers, much of it focused on improving or facilitating their ability to parent from prison. Yet one group of incarcer ated mothers has been largely ignored-those whose children are in foster care. These women warrant the concern of human rights advocates, researchers, and policymakers. The barriers these mothers face in parent ing from prison are compounded by a child welfare system not struc tured to meet their needs. Furthermore, recent changes in child welfare policy place them at high risk of losing their parental rights. Among our neediest citizens, these women and their problems may ultimately impose the highest costs on society by perpetuating a vicious cycle of intergenerational incarceration and mental illness. In this article we highlight the plight of incarcerated mothers with children in foster care by describing the unique challenges they face, and how the current system fails them. We argue that the failure of child welfare and corrections bureaucracies to formulate policy to address these problems results in a serious compromise of these women's rights as parents.'