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Criminal Injustice: Arrested and Detained Parents Are Denied Opportunity to Contact and Make Arrangements for Their Children

10:10 am in Uncategorized by RH Reality Check

Written by Melanie Tom & Laura Jiménez for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

This article is one in a series published in collaboration with our sister organization, Strong Families.

“Safety and security don’t just happen, they are the result of collective consensus and public investment. We owe our children, the most vulnerable citizens in our society, a life free of violence and fear.” – Nelson Mandela

Photobucket If you can, take a minute and imagine a situation where you are arrested or detained for some reason. Now imagine that you have children at home or in school awaiting your arrival but you never show. You are also not given the opportunity to make a phone call to ensure that your children are placed safely in the care of a trusted friend or family member so they are placed in Child Protective Services. This is happening right now to families all over America and it has to stop.

A part of keeping families safe and secure is making sure that in times of misfortune, children and their parents are able to communicate. Some families in America are not given that option. According to the Shattered Families report released late last year by the Applied Research Center (ARC), more than 5,000 children of undocumented people are currently in the foster care system throughout the states because their parent(s) are either in immigration detention or have been deported. Because of the difficulty of coordinating efforts between local law enforcement agencies, county child welfare departments and the Department of Homeland Security, many parents in this situation have not been able to make their own arrangements for their children so that a family member can care for them, and many have even had their parental rights terminated.

This situation is unacceptable and violates the basic human rights and dignities of families in this country. It is inhumane that governments at all levels have allowed this situation to continue without making some simple fixes -– fixes that would ensure that children know that their parents are safe and vice-versa.

AB 2015 – the Calls for Kids Act, sponsored by Forward Together and California Latinas for Reproductive Justice, suggests some simple solutions to this problem. This bill will ask California law enforcement to take responsibility for our village of children and help parents to do their jobs by facilitating additional phone calls for them to arrange care for their children when arrested, as already permitted under the existing law. And it proposes a way for parents to notify their children’s caregiver when they are detained by Immigrations and Customs Enforcement (ICE) in order to prevent the loss of contact that has been experienced by so many families thus far.

This is an issue of importance to us because of the disproportionate rates of incarceration of people of color through the criminal (in)justice system and the rising rates of detentions and deportations by the Department of Homeland Security. Not only are people of color being targeted but now our children are being undeservedly taken away from us because of a lack of implementation of policy and an all-around lack of empathy from law enforcement.

Women and families of color have done our best to provide safety and security of our children. This is our resistance, our determination to raise whole, healthy families in spite of the oppressive circumstances of our lives. Let our collective vision be that all families matter – promote family unity, protect parental rights, prevent children from entering foster care unnecessarily.

Support Calls for Kids by taking action NOW!

Now It’s Clear: “Pro-Life” Means “Pro-Imprisonment”

8:04 am in Uncategorized by RH Reality Check

Written by Lynn Paltrow & Emma S. Ketteringham for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

Last week, the Alabama Supreme Court agreed to consider an amicus (friend of the court) brief filed by the Liberty Counsel in support of the prosecutions of Hope Ankrom and Amanda Kimbrough. The Liberty Counsel describes itself as an organization whose mission includes protecting “the inalienable right to life guaranteed to all, including unborn children.” While a number of “pro-life” leaders claim that recognizing the rights of the unborn and re-criminalizing abortion should not and will not lead to the arrest or punishment of women, the Liberty Counsel has clearly and unequivocally taken the position that “restoring the historic right to life accorded to unborn children” requires that women, including new mothers who have given birth, go to prison.

Ms. Ankrom and Ms. Kimbrough are two of approximately 60 women who have been arrested under Alabama’s 2006 Chemical Endangerment law. The overwhelming majority of these women have given birth to healthy babies.

The Chemical Endangerment law originally was passed to create special penalties for people who bring children into methamphetamine labs. Despite the law’s clear purpose, prosecutors have argued, and the Alabama’s mid-level Court of Criminal Appeals has agreed, that the law may also be used to arrest and jail women who become pregnant, eschew abortion, and go to term, despite having used a controlled substance. In other words, the Court of Appeals has ruled that under Alabama’s Chemical Endangerment law a pregnant woman who has never been to a meth lab and who has never brought a child into a meth lab, can be punished for bringing a child into the world if she tests positive for a controlled substance—even one prescribed to her by her doctor. 

According to the Liberty Counsel, the “convictions of the Defendants under the chemical endangerment law properly protect unborn children as preborn human beings. . . .” Forty-seven medical, public health and legal advocacy groups and individuals, who filed their own amicus brief in these cases, disagree. 

These organizations and experts, including the American Medical Association, the American Psychiatric Association, the American College of Obstetricians and Gynecologists, and the American Nurses Association, have concluded that using the criminal law to address issues of drug use during pregnancy undermines, rather than protects, “unborn children.” One reason is that threats of arrest have been shown to deter pregnant women from drug treatment and prenatal and other healthcare that can help ensure maternal, fetal, and child health. Furthermore, if these prosecutions continue, pregnant women who are addicted to drugs and who cannot overcome that addiction in the short term of pregnancy will be pressured into having unwanted abortions to avoid criminal penalties. That is what happened in the Greywind case, in which a pregnant woman had an abortion in order to get the state of North Dakota to drop “fetal endangerment” charges against her.

So why would a group that claims to value life urge Alabama’s highest court to uphold an interpretation of the chemical endangerment law that coerces women into having abortions and punish the ones who don’t?

The answer, perhaps, lies in the Liberty Counsel’s brief that purports to document the historic view that the “unborn child is fully human” and protected by law. This brief references 19th century anti-abortion activists who firmly believed that the only proper role for women (white ones at least) is as wives and mothers. The Liberty Counsel’s brief quotes with approval one such activist who asserted that a woman who even considers having an abortion “. . .demoralizes her whole moral being. It is a prostitution of all her higher nature.”  

Whatever the Liberty Counsel’s reasons, this “pro-life” group argues that the Alabama Supreme Court “should uphold the convictions and thereby move toward restoration of the life-affirming worldview that predated Roe.” It is difficult, however, to see what is “life-affirming” about hauling off to jail new mothers who just gave birth and leaving their children motherless? Penalties under the Chemical Endangerment law range from not less than 1-year-and-1-day to up to 99 years (life) in prison.

Since 2005, National Advocates for Pregnant Women has documented hundreds of cases in Alabama and elsewhere in which women have been arrested for allegedly endangering their pregnancies including: Christine Taylor in Iowa who was charged with attempted fetal homicide after she fell down a flight of stairs while pregnant, Jennie McCormick in Idaho who was charged with having an illegal abortion, and Bei Bei Shuai in Indiana who has been charged with murder for suffering a pregnancy loss after a suicide attempt. 

The Liberty Counsel has established that the “pro-life” position is “pro-punishment,” not just for doctors who perform abortions, and not just for women who intentionally end their pregnancies and have abortions, but also for pregnant women who have no intention of ending their pregnancies and go to term.

Feminists for Life has, apparently, distinguished itself from this point of view. But what about all of the other groups including Priests for Life, Generations for Life, and Americans United for Life that have assured the public that women will not go to jail if their point of view becomes law? If “pro-life” does not mean “pro-imprisonment,” now would be a good time to speak up and stop the growing assault on the dignity, sanctity, and liberty of the women who bring forth life.

Where are they?

In a Victory, Virginia Prisons Will Limit the Shackling of Pregnant Women

10:54 am in Uncategorized by RH Reality Check

Shackles

Shackles by publik15 on flickr

Written by Katherine Greenier for RH Reality Check. This diary is cross-posted; commenters wishing to engage directly with the author should do so at the original post.

The Virginia Department of Corrections (DOC) Director Harold Clarke has led the DOC though a forward-thinking policy change that should begin a statewide conversation and passage of legislation before the Virginia General Assembly.

House Bill 1488, a bill that would have limited the use of restraints on pregnant inmates, failed in the House Militia, Police, and Public Safety Committee in the 2011 legislative session. However, Director Clarke and staff at the DOC took seriously the conversations sparked by the Committee debate over the bill. Supporters of the bill, which was introduced by Delegate Hope, put pressure on the DOC to change their policies in the absence of legislative action.

As a result, the DOC will now adopt regulations that protect a pregnant inmate’s dignity and health, and the health and safety of her pregnancy. DOC regulations will now state that pregnant inmates will only be retrained during transport outside the prison perimeter by handcuffs alone. Ankle restraints or restraints that in any other way restrict the woman’s movement will not be used during transportation outside the prison, or during labor, delivery and post-partum recovery. Additional restraints can be applied if a determination is made that the inmate is a danger to herself or others, but should additional restraints be used, they must allow for the woman to walk around, stand up, and turn over. If additional restraints are applied, an incident report must be submitted that states the restraints used and the reason why in order to ensure compliance and accountability. Finally, all restraints must be immediately removed if medical staff so direct.

The new DOC regulations are sound public health policy. Read the rest of this entry →