Permanency Planning in the Context of Parental Incarceration: Legal Issues 4 and Recommendations

Abstract

Parental incarceration is a growing problem that is not accommodated for in the traditional, time-driven model of permanency planning. The trend in both law and policy regarding children in out-of-home care is toward early termination of parental rights and placement for adoption. Imprisonment of a parent often disrupts intact families in which the parent and child know and are strongly attached to each other. Parental rights are not absolute, however, and not all cases involving incarcerated parents warrant the hard work and commitment of scarce resources required to nurture the parent-child relationship. Among the provisions of the 1980 act was the requirement that state child welfare agencies make reasonable efforts to preserve families by avoiding unnecessary out-of-home care placements and, where out-of-home care placement could not be avoided, by reunifying families as quickly as possible. One of the most serious obstacles to the continuation of a family relationship during parental incarceration is the geographical distance that separates parents and children.

Cite this work

No public copy is stored for this record, so only the metadata is cited.

Stored only when both papers are in the corpus — 44 citations exist upstream.