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!