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Fostering Connections Beyond
BarsSupporting Children of Incarcerated Parents
Washington State CASA Conference
October 22, 2016
Facilitator: Rob Wyman, Court Improvement Training Academy
Presenters:
Michelle Domreis, Parent Alley and Formerly Incarcerated Parent, Washington State Parents Advocacy Network
Lillian M. Hewko, Attorney, Incarcerated Parents Project, Washington Defender Association
Carrie Kendig, MSW, Family Services Program Manager, Office of Performance Partnerships & Analytics, DOC
http://www.uwcita.org/category/training-and-events/
Overview
Part 1: Impact of Incarceration and Child
Welfare System on WA Families
Michelle’s Story
Stats & Myth Busting
Breakout Session1
Part 2: Law & Policy
SHB 1284
DSHS Policy & WACs
Alternative Sentencing Options
Part 3: Strategies and Solutions
Breakout Session 2
Takeaways
Part 1IMPACT OF INCARCERATION AND CHILD WELFARE SYSTEM ON WA
FAMILIES
Rising Incarceration and Families
Over 7 million people in prison, jail,
probation or parole (Glaze 2012)
100,000 in juvenile detention
478,000 in immigration detention (Simanski
2012)
Rising Number of Children with an
Incarcerated Parent
>5 million children have had a parent
incarcerated (A Shared Sentence Report)
From 1980-2000, Kids w/ Father in prison or jail
increased 500% % of women has increased 2x
rate of men (Glaze 2013)
>80% are mothers, half w/ children under
18 (BJS 2014)
Children of the Incarcerated in WA
Over 18,000 parents in
DOC prison
80% of prisoners report to
have 1.91 children
30,000 children have
incarcerated parents
Adoption and Safe Families Act
1997 Shortened time frames for
permanency planning
Increased emphasis on adoption—
providing monetary incentives
allocated resources to planning &
preparing adoptive homes.
Implemented arbitrary timelines to
speed up the time within which
agencies should petition for TPR
Increase in Prison Population =
Increase in DSHS Involvement
Among children under 18 with an
identified parent (SFY 2007), those with
ever-DOC-incarcerated parents are
more likely to be part of a CPS case
management case:
Dad only ever in prison 9%
Mom only ever in DOC prison, 10%
Both parents ever in DOC prison, 12%
Neither parent in DOC prison 3%
Barriers Created by Prison
Permanency challenges-
Barriers to family support systems,
therapeutic services and visiting
opportunities
More than half of parents housed in a
state correctional facility have never had
a visit with their children
Difficult timeframes
Sentences are often longer than 15/22
months, and
Frequently more labor intensive and
time consuming
Result:
Prison population
Child Welfare Timeline
2X more likely to lose parental rights*
1 IN 9 BLACK CHILDREN HAS AN
INCARCERATED PARENT
Racial & Class Bias in Criminal
Justice System & Child Welfare
System
1 IN 28 HISPANIC CHILDREN
1 IN 58 WHITE CHILDREN
Underlying Problem: Bias & Stigma
Against Families facing Parental
Incarceration
MYTHS ABOUT
CHILDREN OF
INCARCERATED
PARENTS
MYTHS
MYTH 1:
Children of incarcerated parents are six times
more likely than the average child to go to prison
themselves.
DEBUNKING MYTHS
There is no research to support this proposition
Research does support other negative outcomes such as risk for juvenile delinquency, behavior and school problems
Need to avoid stigmatizing “facts.” Support them because they are going through something difficult, not because they may become “just like their parent”
Behavioral issues can be addressed by support and building resilience
T.Q. is a child of an incarcerated mother serving time in WA for a
violence crime. He gets visits and overnights visits with his mom.
Photo credit: Maria Bryk Photography, 2015
MYTHS
MYTH 2:
Most children of incarcerated parents have no
relationship with their incarcerated parent.
64% of mothers lived with their kids,
most were primary caregivers
47% of fathers lived with their kids
Almost half of all incarcerated dads and
more than half of mothers lived with their
children prior to their arrest
DEBUNKING MYTHS
Gender & Incarcerated Parents
Mothers:
More likely primary caregivers
90% of fathers report child left in care of other parent,
only 25% of mothers
Mothers 5X more likely to report child is in
foster care than fathers.
Fathers & Non-custodial parent bias:
Fathers often not contacted by child welfare workers, in
one study, 70% of caseworkers had no recent contact
with fathers, and many had never attempted contact. *
MYTHS
MYTH 3:
Most children of incarcerated parents are better
off being adopted by relatives or a foster care
parent.
Result:
No efforts to support reunification, or visitation while incarcerated, no access to services, encouraged to relinquish.
Reality for Youth
“We only have 129 days left to go
and I am 100% sure we can make it”
Daughter, age 14 to Mother at WCCW, Skagit County,
WA
“There was so much emphasis on me,
supposedly, that they forgot about her...
[w]hat would have helped me most is
compassion for my mom.”
All Alone in the World: Children of the Incarcerated, written by Nell
Bernstein
T.Q. and her 6 year old son, she is successfully parenting from prison outside of
child welfare system since he was a baby and will release in 2019.
Maintaining Contact Helps
Children Express emotional reactions to
separation
Learn they are not alone
Have a realistic understanding & can correct frightening/idealized images
Prevents the chances of termination of parental rightsM.L. and her 3 year old son at WCCW Holiday Event 2014, she gave
birth to her sons In jail and she has been successfully parenting from prison
Myth
Myth 4:
Visits are Dangerous for Children.
Visits are traumatizing for children visitation rooms
usually aren’t “child-friendly”
If can’t move to reunification, why put kids through
visits?
Too far away/takes too much time
Visitation Builds Resilience
Children of incarcerated parents experience trauma and loss characterized by feelings of grief, shame and isolation due to the separation.
Visits can help a child’s emotional adjustment and behavior
More contact associated with fewer symptoms of withdrawal sadness and anxiety.
Positive experiences in early life that help to build resilience can protect children from effects of trauma.
Darina Video
Benefits of Prison Visits on Children’s
Well-Being
Provides assurance
Reduces separation anxiety
Can reduce the child’s incidence of problematic behavior and improve outcomes
Provides stabilization
Maintains parent-child attachment
T.Q. and her 6 year old son, she is successfully parenting from prison since he
was a baby and will release in 2019.
Family Engagement Video
DOC VIsits: https://www.youtube.com/watch?v=wGAEmQK-Amk
May 26, 2015: Maintaining Family Engagement Improves Offenders’ Chances of Success
Note see DOC Q&A handout on how to get visitation and attend
events!
“Keeping Families Connected”
DOC’s Numerous Opportunities!
Family Outreach-first timers
Family Friendly Activities and
Events
Parent Teacher Conferences
Kids United by Incarceration
Camp
Read to Me Daddy & Mommy
Programs
Free Transportation for Families to
regular visits
Visit rooms are child friendly with “kids’ corners”
equipped with toys and games.
WA Prisons Provide a Family Friendly Events
Clockwise from top left: KUBI Camp and 2015 Holiday Event at Washington Corrections Center for Women (WCCW) Photo credit: Maria Bryk Photography,
Just wanted to take a
min to say Thank you for the
time and effort you put into the
camp. Patience had the best
time ever. She won't stop talking
about it. We visited her dad over
the weekend and she went
on and on to him. People like
you who take the time make
such a difference in the lives of
our families. Thank you is
certainly not enough but it is all I
have…--Caregiver
MYTHS
MYTH 5:
Incarcerated Parents are Dangerous People.
They should not be rewarded with contact from
their children.
A very small minority of parents are
incarcerated for crimes against
children.
Parents are incarcerated for drug
related or property crimes and
violent crimes:
o 95% of inmates return to the
community
o A majority of parents in State prisons
are charged with violent crimes
For a majority parents who
committed violent crimes, their crime
has no connection to their parenting
skills
Violent Crimes and Incarcerated
Parents
T.Q. is an incarcerated mother serving time in WA for a violent crime
who gets visits and overnights visits with her son.
Breakout Session #1
Fostering Connections Beyond
BarsSupporting Children of Incarcerated Parents
Washington State CASA Conference
October 22, 2016
Facilitator: Rob Wyman, Court Improvement Training Academy
Presenters:
Michelle Domreis, Parent Alley and Formerly Incarcerated Parent, Washington State Parents Advocacy Network
Lillian M. Hewko, Attorney, Incarcerated Parents Project, Washington Defender Association
Carrie Kendig, MSW, Family Services Program Manager, Office of Performance Partnerships & Analytics, DOC
Overview
Part 1: Impact of Incarceration and Child
Welfare System on WA Families
Michelle’s Story
Stats & Myth Busting
Breakout Session 1
Part 2: Law & Policy
SHB 1284
DSHS Policy & WACs
Alternative Sentencing Options
Part 3: Strategies and Solutions
Breakout Session 2
Takeaways
Part 2LAW & POLICY
SHB 1284 “Children of Incarcerated
Parents Bill”
Policy Goals:
Prevent unnecessary separation of
families as it is devastating to children
in foster care
Support family reunification which is
linked to reduced recidivism for
parents, greater family stability, and
improved emotional response for
children.
Amended RWCs 13.34.067, 13.34.136, and
13.34.145 and 13.34.180.
SHB 1284 Gives Families
Access to
Case conference meetings
Responsive Permanency planning
Visitation
Extension of Child Welfare Timelines
Good Cause Exception
Guardianship and Open Adoption
Parents in long-term incarceration
Rights at Termination
M.L. and her 3 year old son at WCCW Holiday Event 2014, she gave birth to her
sons In jail and she has been successfully parenting from prison. Photo credit:
Maria Bryk Photography, 2015
At Shelter Care and Early Stages of
the CaseACCESS TO HEARINGS AND CASE PLANNING
RCW 13.34.067(3): Participation via
Phone or Videoconference
A parent who cannot participate in a case
conference because of incarceration must be
given the option to participate via phone conference or videoconference. RCW
13.34.067(3) (emphasis added)
Note a case conference can be called at any
stage
Parent for Parent Peer Support Program-find
out if your county has a program.
King County: http://arcwa.org/getsupport/parent_to_par
ent_p2p_programs/coordinators/
RCW 13.34..136 (2)(b)(i)(A): Creates
Requirements for Service Plan
The Service Plan must address the needs
of an incarcerated parent:
including the ability to participate in
meetings,
the treatment available in the facility
where confined, and
it must provide for visitation, unless not in
the best interest of the child. RCW 13.34.136
(2)(b)(i).
Best interest & Visitation (see slides 10-22).
Fix Incorrect Service Plans
Help families develop an ideal service plan by
working with parent and parent's attorney, this will
serve to have the plan reflect services available
where the parent is incarcerated, as well as
engage the parties in a cooperative manner early
on and throughout the case. RCW
13.34.136(2)(b)(i).
Let parents know they can fix any errors in service
plans and modify when circumstances change,
e.g. jail to prison, prison to re-entry.
Law Supporting Access to Services
Under 13.34 the State must provide services for the specific purpose of making reasonable efforts to remedy parental deficiencies identified in a dependency proceeding. RCW 13.34.025.
When more resources are needed, advocates can use RCW 13.34.025 to get support for families
“The Department shall coordinate within the administrations of the department and with contracted service providers, in order to provide any services ordered by the court for purpose of correcting parental deficiencies…” RCW 13.34.025(2)(a-d).
Not providing funding for services can delay permanency, which can cost more in the long term.
Service not available at the prison/jail?
See conference handout on DSHS Contracted Service Providers.
Around Permanency Planning
stageGOOD CAUSE EXCEPTION, MEANINGFUL ROLE STANDARD
SHB 1284: Creates a Good Cause
Exception to Delay Filing
Created an additional “Good
Cause” exception where a parent
is incarcerated or the parent’s prior
incarceration is a significant factor
as to why the child has been in
foster care for 15 of the last 22
months, as long as the parent has
maintained a “meaningful role” in
the child’s life. RCW 13.34.145 (5)(a)(iv).
Prior Law Allowed Exceptions in the
Adoption and Safe Families Act
Don’t need to file if:
The child is being cared for by a relative;
The department has not provided to the child's family such
services as the court and the department have deemed
necessary for the child's safe return home;
Or the department has documented in the case plan a
compelling reason for determining that filing a petition to
terminate parental rights would not be in the child's best interests.
It takes more time to navigate 2
systems!
Allows State to delay filing without
violating federal timelines.
Court won’t extend the case
indefinitely, it’s required under law
that the good cause finding be
evaluated at all subsequent
hearings, establishing about a six-month period before the parent’s
progress will be reviewed in light of
the best interest of the child. RCW
13.34.145.
SHB 1284: RCW 13.34.145(5)(b): Guides
Court on Meaningful Role Assessment
Supports and outlines what parenting from prison may look like: expressions of concern such as letters, phone
calls, visits and other forms of communication. RCW
13.34.145(5)(b)(i).
When assessing the meaningful role standard, the court
may look at efforts to communicate with state, and comply
with services. RCW 13.34.145(5)(b)(ii).
The court can assess whether an exception would aid the best
interests of the child. 13.34.145(5)(b)(vi).
Assessment of Meaningful Role should
draw upon a wide range of people
Allows the court to use information provided by the parent, service providers
and other individuals working closely with the parent, such as volunteers,
program staff, and counselors, in order to make the assessment. RCW 13.34.145
(5)(b)(iv).
Social Workers can Help Remove
Barriers When evaluating a good cause exception, the new law asks the court
to look at barriers and limitations imposed on a parents their ability tomaintain a meaningful role.
A parent may be able to receive a good cause exception if there were limitations in access to family support programs, therapeutic services, visiting opportunities, restrictions to mail and telephone services, and inability to participate in planning meetings, and difficulty accessing lawyers and meaningfully participating in court proceedings. RCW 13.34.145 (5)(b)(v).
SHB 1284: Protections when failure to
complete services was due to incarceration
SHB 1284 Gives Families a Second
Chance where Aggravated
Circumstances for Failure to Complete
Services was Due to Incarceration
Where constraints of a parent’s current or prior
incarceration and associated delays or
barriers to accessing court-mandated services
existed, it may be considered as a rebuttal to
a claim of aggravated circumstances under
RCW 13.34.132(4)(h) for a parent’s failure to
complete available services. RCW
13.34.145(5)(c).
Protections at Termination StageMEANINGFUL ROLE, REASONABLE EFFORTS AND PROTECTIONS FOR
LONG-TERM INCARCERATION
RCW 13.34.180: Termination Stage
Published decision by the Court of Appeals for
Division I, the Court made it clear that the
requirements added by SHB 1284 to RCW
13.34.180(1)(f) the court must consider the
new factors of the law in their decision
because they are part of the elements
necessary to terminate the parental rights of
an incarcerated parent.
See In re Dependency of A.M.M., No. 70832-5-I,
2014 WL 3842977 (Wn. App. Aug. 4, 2014). [6]
Important Cases on Appeal to Supreme Court:
In re DLB -13.34.180 (1)(f) only applies if parent is
incarcerated at the time of the termination
hearing.
and In re KJB (IBD)
RCW 13.34.180 (1)(f):Additional
Factors for Incarcerated Parents
If the parent is incarcerated, in order to
prove that the parent child relationship
clearly diminishes the child’s prospects for
early integration into a stable permanent
home, the court shall consider:
Whether a parent maintains a meaningful
role in his or her child's life based on RCW
13.34.145(5)(b),
Whether DSHS made reasonable efforts
as established under RCW 13.34, and
Whether particular barriers existed.
RCW 13.34.180(2): Provides Another
Look at Barriers before Termination If there is evidence that incarcerated parent did not:
Receive services,
experienced delays and barriers to visitation and other meaningful contact,
or could not be found due to their imprisonment may be used to challenge termination
The court may consider a showing as evidence of rebuttal to any presumption established pursuant to 13.34.180(1)(e)).
(1)(e)” That there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. A parent's failure to substantially improve parental deficiencies within twelve months following entry of the dispositional order shall give rise to a rebuttable presumption that there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near future. (emphasis added)
RCW 13.34.180(5):Parents in Long-
Term Incarceration
Alternatives to Termination and Open Adoption
For a parent in long-term incarceration who is able to maintain a meaningful role in a child’s life DSHS should seek a permanent placement (other than adoption), such as non-parental custody or guardianship, that would allow the parent to maintain the relationship.
Parents could show show they maintained a meaningful role through visitation, phone calls, letters.
Guardianship is a Form of
Permanency
Guardianship is a form of permanency under the dependency
statutes.
It was meant to be used for incarcerated parents:
When the law passed, Rep. Mary Helen Roberts stated: “…a good step
to better meet the need of children who have an incarcerated
parents...” [7]
DSHS Policy PerspectivePARENT-CHILD VISITATION PURPOSE
Policies Guiding Practice:
43061. Termination of Parental Rights – Compelling Reasons
4254. Parent, Child, and Sibling Visits
43051 Permanent and Concurrent Planning
4420. Monthly Visits with Parents
4270. DOC Confinement Alternatives
1710. Shared Planning
Parent-Child Visitation DSHS
Purpose
Provides opportunity for parent to
demonstrate and strengthen
parenting skills
Provides opportunities to maintain
sibling connections
Provides opportunities to maintain
connections with extended family
Provides opportunities for cultural
and community connections.
Visitation Policies
Efforts must be made to hold a visit within 72 hours of placement.
The initial visit for the child and parent must occur within 5 business days of placement or the VPA being signed unless contraindicated due to safety concerns.
If this first visit does not occur within 5 business days, the CA Worker will document the reasons why in a case note.
Are monthly visits with
incarcerated parents
required?
Assigned CA staff must conduct
monthly visits with parent(s) or
legal guardians involved with the
case plan.
If parent(s) are incarcerated
these visits can be in person, by
telephone, of by mail.
A parent in prison does not fit
the exception of being contrary
to a social worker’s safety.
Are parent/child visits
required for parent(s) in
prison?
Parent/child visits are the right
of the family when visits are in
the best interest of the child.
Visitation between parent and
child cannot be denied based
solely on the parent’s
incarceration.
Key Elements
Visiting plans should be reviewed at all shared planning meetings that include the parents, CASA, attorneys, family and friends. Every effort must be made to include incarcerated parents in these meetings.
If a Tribal worker is assigned to the child’s case, his/her participation in the development of the visiting plan is requested.
Key Elements
If a judge orders a parent to have a
psychosexual evaluation, CA may, with
court approval, reassess the
parent/child visitation plan, specifically
looking at duration, supervision and
location.
When a parent or sibling is identified as
a suspect in a violent crime, CA will
make an effort to consult with the
assigned law enforcement officer
before recommending any changes to
parent/child/sibling contact.
Visit Plans
Visit Plans and Decisions
Reviewed in Shared Planning Meeting process
Written plan with specific information documented in FamLink and provided to all stakeholders
Considerations in visit plans
Age and vulnerability of the child
Child’s perspective
Safety
Well-being
Permanent Plan for the child
Visit Plans Cont.
A written visiting plan should be documented in FamLink and reviewed prior to each court hearing.
Plan should include:
Frequency
Location and transportation
Participants and their roles
Whether unsupervised, monitored, or supervised
Expectations (rules)
Rescheduling procedures
Responsibilities/tasks of parties
Phases of Visits
Initial Phase - Focus is on
maintaining ties and safety;
generally supervised and
controlled for location & length
Intermediate Phase - Visits typically
occur more frequently, for longer
periods of time, in a greater
variety of settings & with gradually
reduced supervision
Transitional Phase - Focuses on smoothing the transition from
placement to home
Challenges & Solutions
All parties in a dependency action have a responsibility in
developing a visit plan to ensure parents and children have
regular contact.
Children of Incarcerated Parents Kids United By
Incarceration Camp, DOC
DOCAlternative Sentencing Options for Parents
Alternative to prison sentence as
options to support parents Family Offender Sentencing Alternative: RCW 9.94A.655
The Parenting Sentencing Alternative, Substitute Senate Bill (SSB) 6639 was enacted in June 2010. This law allows some offenders who are parents of minor children the opportunity to avoid prison or transfer from incarceration in order to parent their children. The law has two components:
Family and Offender Sentencing Alternative (FOSA) – Judicial Sentencing : Judges have the option to waive a sentence within the standard sentence range and impose 12 months of community custody
Community Parenting Alternative (CPA) – Prison based option: allows the Department of Corrections to transfer an offender home on electronic home monitoring for up to the last 12 months of his or her sentence.
Alternative to prison sentence as options
to support parents
Family Offender Sentencing
Alternative: RCW 9.94A.655
FOSA
Parent must:
Have physical custody of his/her minor child(ren) or is a legal guardian or custodian at the time of current offense.
Have a high end presumptive prison sentence of more than one year.
Sign a release of information waiver regarding current and/or prior child welfare involvement.
Parent may not:
Have current or prior convictions for a felony sex and/or violent offense.
Be subject to a deportation order.
Alternative to prison sentence as
options to support parentsCPA
Parent must:
Have physical custody of minor child(ren), or have legal custody of a minor child,
Has a proven, established, ongoing, and substantial relationship with his or her minor child that existed prior to the commission of the current offense; or is a legal guardian of a minor child at the time of the current offense.
Have up to 12 months remaining on their prison sentence.
Sign a release of information waiver regarding current and/or prior child welfare involvement.
Parent may not:
Have any current convictions for a felony sex and/or violent offense.
Be subject to a deportation order.
CPA: Early Release for ParentingCommunity Parenting
Alternative Program RCW
9.94A.6551
Parenting-based community confinement
CPA/FOSA operates from a strengths perspective and
utilizes Solution Based Case Management Model
FOSA/CPA has two operating principles:
Present Parenting – meaning that each parent is first
clean and sober and learning skills and abilities to put
their kids as a first priority in managing daily living, and;
Five Protective factors for Strengthening Families model:
Parental resilience, Social connection, Concrete
support in times of need , Knowledge of parenting
and child development , Social and emotional
competence of children
Parenting in Prison-WCCW
Residential Parenting Program
Pregnant at time of admittance to
WCCW
Non-violent offense, no history of
crimes against a child or sexual
offenses.
Limited to women who will be
released within 30 months of their
babies expected delivery
Contact supervisor for the
Receiving Unit at WCCW
Fishbowl Solutions-How to Address
Barriers
Breakout #2-1-2-4-AllWhere do we go from here?
Challenge of Establishing Paternity
Start as soon as possible!
Don’t wait for prosecution office
Under 13.34 you ONLY NEED BIO parent not legal parent to start
reunification services, visitation etc.
If attorney-go through the Office of Public Defense
If social worker/casa, GAL-go through CA
Visit Support Communication with Your Client:
The policy for your clients and their phone use at the prison can be found at under:
DOC 450.300 http://www.doc.wa.gov/policies/files/450300.pdf
Headquarters Visitation Specialist
Currently: Visit Specialist
Connect Network Phone line:
The phone number for attorneys to call and set up a secure line is 1-800-483-8314. You set up a pre-paid account via this hotline or via www.connectnetwork.com.
The phone service connection allows you to talk for 20 minutes at a time, where your client can call you, but they can’t leave messages, so best to set up a predetermined time to call.
Calling via Counselor at the Prison:
You can also try to work with your client’s counselor, however they are not obligated to allow your client to use their phone. It is also not a confidential environment as the counselor will be in the room. However, it is a great connection to try and make to contact your client in a quick manner.
Emailing your client:
One of the easiest ways to start is the counselor, and then if not via Jpay—you can send emails (there are some issues, you can’t attach documents, and it isn’t entirely confidential with the waivers you have to sign to use jpay).
http://www.jpay.com/
More Resources!
See CITA website:
http://www.uwcita.org/
Washington Defender Association, Incarcerated Parents Project
http://www.defensenet.org/ipp/social-worker-resources
ClosingNext steps
15% Solution
What is your 15%, where do you
have discretion and freedom to
act?
What can you do without more
resources or authority?
Thank you!