In America, approximately 1.5 million children live with a parent in prison. Across the nation, four percent of women in state prisons and three percent of those in federal prisons are pregnant at the time of sentencing. For the children of incarcerated parents, the consequences are profound and far-reaching, making them “hidden victims” of the criminal legal system. However, babies born in prison are victims who are not so hidden. Their unique birthplace profoundly impacts their lives from the moment they are born, as they are frequently separated from their mothers just hours after birth. This leads to an immediate disruption of the maternal bond and critical early development. Consequently, professionals and policymakers face a pressing question: what should happen when infants are born in prison?
It is important to note that this blog and the data presented within it focuses exclusively on cisgender women and does not aim to diminish the many issues faced by transgender women and female-presenting persons in prisons and jails across the country.
It is no secret that the number of individuals in prisons across the nation has exploded in recent decades. “In the 1970s, there were around 340,000 Americans incarcerated; today, there are approximately 2.3 million.” Women make up roughly ten percent of that 2.3 million and represent a “larger portion of people in prisons and jails than in previous decades.” Considering the dramatic increase, it is unsurprising that more pregnant women are being incarcerated. Giving birth under such restrictive circumstances may prove detrimental to a child’s development. Research suggests that “the strength or weakness of the parent-child bond plays a significant role in the child’s ability to overcome challenges and succeed in life.”
There is no standard policy addressing what should happen when a woman gives birth while incarcerated. The majority of the time, babies are taken from their mothers after twenty-four hours and either placed in the custody of a relative or enter foster care. However, studies consistently show that the bond between a mother and infant in the first months following birth is the strongest predictor of the child’s future well-being. When the mother-child bond is disturbed early on, children often develop severe issues related to attachment styles and other antisocial behaviors. Children with incarcerated parents often experience a myriad of negative emotions, ranging from anxiety and depression to feelings of abandonment.
The issue centers around the child’s best interest. In the very first few months of life, babies are actively building neural pathways while learning to understand that the world can be trusted. Currently, the United States has nine prison nurseries which typically allow the baby to stay in prison for up to a year. Prison nurseries are typically available to low-risk mothers who have been deemed less likely to pose a threat to themselves, their children, or others. These women usually have non-violent offenses, exhibit good behavior, and are considered to have a lower likelihood of recidivism.
For example, the Bedford Hills prison nursery has space for up to 26 mothers at a time. Mothers must qualify for the program by being approved by the New York State Department of Corrections and Community Supervision, which considers “the severity of their crime, any past history with a child welfare agency, and the length of their sentence.” The nursery wing is separate from the general prison population, where each mother has her own cell with space for a crib. Babies are cared for by diligently screened and trained prisoners in an on-site daycare while their mothers attend required activities. Additionally, the mothers receive support services, including a lactation consultant and a social worker.
A prison nursery is a living arrangement within a correctional facility that allows a mother to consistently co-reside with her infant. By enabling mothers and infants to have constant access to each other, these nurseries provide mothers with the opportunity to develop parenting skills, bond with their babies, and prepare for life outside of prison. Parenting courses are often required so mothers can learn about child growth and development. Providing a supportive environment encourages bonding between the mother and baby, which helps to form secure attachments. Ultimately, prison nurseries allow mothers to use their time proactively by properly equipping them for motherhood after release.
However, not everyone believes that the criminal legal system should accommodate incarcerated mothers and their babies. Opponents argue that it is unconstitutional for children to be behind bars. They point to the lack of due process that prison nurseries follow by placing babies in correctional facilities. Other arguments center around doubts about the capacity of incarcerated individuals to be good mothers due to the crimes that landed them in prison in the first place. Additionally, there are concerns about funding and staffing issues.
While these issues may raise valid concerns, it is in the infant’s best interest to stay with the mother for the best long-term outcome. The ability for a mother and child to establish a secure attachment despite incarceration is something that should not be undermined. It is imperative that infants do not pay for their mother’s mistakes by being at a disadvantage from the onset.
Raising a newborn in prison is vastly different than how most newborns begin their lives. However, removing a newborn from their mother only hours after birth has proven detrimental for the growth of many young children. By allowing a newborn to stay with their mother, the child is provided stability and comfort, which far outweighs the alternative of separation. Correctional practitioners and policymakers must understand the magnitude of the mother-child relationship before making decisions. State legislators should advocate for more prison nurseries, as they provide critical support for both mothers and their infants. Additionally, streamlined communication between law enforcement and child welfare practitioners is essential for addressing the complex needs of these families.
Comments