by Lillian Hewko
Instead of boxes of chocolate and fancy dinners, for many
faiths and traditions, love is expressed
through compassion. I was reminded
how love and compassion can drive action last month as I found myself at two
Martin Luther King Jr. Day Celebrations in Seattle; one with the amazing Angela
Davis and the other with the amazing Michelle
Alexander. Both speakers connected celebrations of MLK Day with our current
problem of “Mass
Incarceration.” Both speakers made a connection to honoring Mr. King’s “dream”
by looking at our criminal justice system that incarcerates more people than
any other nation, and urging us as citizens to do something about it. Mr. King
said: “True compassion is more than flinging a coin to a beggar; it comes to
see that an edifice which produces beggars needs restructuring.” Today, we ask
you to take some time to let your love
act and support HB 1284 and SB 5460 (see below), which will help change some of the legal structures that
affect our incarcerated parents who are working hard to maintain ties to their
children.
Each year, millions of parents are removed from their
communities, separated from their children and families, and sent to prison or
jail. Most prisoners serve relatively short sentences for non-violent crimes.
Many serve sentences less than five years, many serve sentences of less than
two years. No matter the number of years, the time spent away missing moments
of childhood can’t be recaptured-and these missed experiences may be crucial
for a child’s well being and development.
For many of us, especially those who are parents, the idea
of permanently losing a child may be one of your largest nightmares. For many
of the incarcerated women I work with at the Washington Corrections Center for
Women (WCCW), this is a reality. A woman I work with, Ms. S, had her rights
terminated one month before she became eligible to apply to an alternative
sentencing program that would have placed her in the community with her
children just two months later.
Ms. S is not alone. An estimated 85% of women in prison are
mothers, and over half have children under 18. Due to our current child welfare
timelines and the inability of our systems to respond adequately to their
needs, not only do these women miss special moments, but they risk losing
their parental rights permanently.
The timeline
was created in 1997 at a federal level with the intent to help children find safe, stable and permanent homes. But the enactment of the law did not predict
the continued rise in our prison population since 1990, where the number of people
behind bars for drug laws alone has increased twelvefold. The unintended
consequence is that incarcerated parents in the child welfare system are now
losing their children at twice the rate of those parents not involved in the
criminal justice system. To offset this problem, many states including New
York, have amended their laws to provide
an additional exception to the timeline for incarcerated parents. HB 1284
and SB 5460 would do the same.
Many inmates experience significant life changes showing us
that people do change
and families can reunite. Because of the dearth of alternative resources
for individuals struggling with addiction, for some, prison may be the first
time they receive treatment for drug addiction or mental illness. Prison may also
remove those who have been survivors
of domestic violence and sexual abuse from their abuser.
This law will in no
way prevent the state from stepping in when necessary to terminate parental
rights in order to provide children with safe, stable and permanent adoptive
homes. What is in the best interest of the child is always of the utmost
importance.
Instead, it will recognize that just like uniquely shaped
puzzle pieces, no family facing parental incarceration has the same experience. We need laws that are more responsive to the
special and unique challenges these families face. HB 1284 and SB 5460 will
allow the more individualized family specific determinations that are needed in
these difficult cases.
Mothers don’t stop loving and caring for their children because they
enter prison, as they overcome addiction, or as they survive domestic violence.
Let’s let our love act, and as Mr. King suggested, fling
more than a coin. Let’s identify with the struggle these women face. We have only
been doing this since 1997—we can see the unintended consequences, now let’s
show our love for these mothers and do something about it!
-- Ways to get
involved --
Spend
half a day with us: Attend the hearing MONDAY FEBRUARY 11th,
10 am and sign in support of SB 5460!
Human
Services & Corrections - 02/11/13 10:00 am
Senate Hearing Rm 1
J.A. Cherberg Building
Olympia, WA
Senate Hearing Rm 1
J.A. Cherberg Building
Olympia, WA
Sample Email/Comment:
Dear Madam Chair and Committee
Members,
I am writing in support of SB 5460,
which will give the court the authority and guidance necessary to take into
consideration the unique circumstances of incarcerated parents and delay the
current timelines when a parent’s incarceration, prior incarceration, or
participation in a residential drug treatment program is a significant factor
for the child’s continued out of home placement. Incarcerated parents and their
children have unique cases with significant barriers and no one family is the
same. This bill will allow a specific and individualized family assessment.
[Add personal reason/story for your
support].
Mothers don’t stop loving and caring
for their children because they enter prison, as they over-come addiction, or
as they survive domestic violence. Unnecessarily separating families is
devastating to children in foster care, their incarcerated parents, and our
communities
Keeping families together keeps our
communities safer and more supported as family reunification is linked to
reduced recidivism, greater family stability and improved emotional response
for children.
Name/Address
---
Lillian Hewko is an Equal Justice Works Fellow at Legal Voice. She is working to implement a project she developed to provide legal education to incarcerated mothers and implement litigation and legislative strategies to reduce the chances of family separation in Washington State.
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