Incarceration And Foster Care

This bill is able to ban ASFA law, which required foster care agencies to terminate parental legal rights for children who are in Foster Care for 15 out of the last 22 months. This bill was problematic because the average sentence period in New York’s prisons for women is 36 months. Thus, the new Expanded Discretion Bill allows foster care agencies to abstain from terminating legal rights of parents who are in prison, both mothers and father. This law places New York in the top for child welfare policies that recognizes the challenges phased by families separated by incarceration.

Incarceration not only affects the person being incarcerated but also directly affects the family. Most importantly, children suffer the consequences of maternal

incarceration and have to pay a high prize for a crime they did not commit. Furthermore children of incarcerated mothers are at high risk for internalizing (depression and anxiety) and externalizing (delinquency and substance abuse) behavioral problems and difficulties in school. Children whose primary caregiver becomes incarcerate, tends to be at increased risk of delinquency and maladaptive behaviors, and substance abuse.

Maternal incarceration has been associated with short-term and long-term risk factors, placing children at high risk. Maternal incarceration implements a high risk for psychological issues, such as depression and anxiety. There is an increase likelihood of developing these mental health problems because these children feel like they are alone in the world. The uncertainty of their lives, future, and their mother’s absence are factors that can lead children to a depressive state. When children no longer have the emotional support of their parent it becomes difficult for them to cope with emotions and deal with traumatic events. When children are not able to express their feelings and talk out their problems, these feelings are internalized and become harmful.