
Contents
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1 Infant, Child, and Adolescent Development and the Law: Intersections, Interactions, and Influences
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Maternal Incarceration in the United States Maternal Incarceration in the United States
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Legal Intersections When Parents Go to Prison Legal Intersections When Parents Go to Prison
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Legal Considerations Before a Parent Is Incarcerated Legal Considerations Before a Parent Is Incarcerated
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Alternatives to Incarceration for Pregnant People and Mothers Alternatives to Incarceration for Pregnant People and Mothers
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Legal Considerations During a Parent’s Incarceration Legal Considerations During a Parent’s Incarceration
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Prison Nursery Programs Prison Nursery Programs
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Maintaining the Parent–Child Relationship During Incarceration Maintaining the Parent–Child Relationship During Incarceration
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Impact of Federal Child Welfare Permanency Timelines on Incarcerated Parents Impact of Federal Child Welfare Permanency Timelines on Incarcerated Parents
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Reasonable Efforts at Reunification Must Be Provided to Most Parents Who Are Incarcerated Reasonable Efforts at Reunification Must Be Provided to Most Parents Who Are Incarcerated
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Terminating Parental Rights When Parents Are Incarcerated Terminating Parental Rights When Parents Are Incarcerated
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Legal Considerations for Parents Leaving Prison Legal Considerations for Parents Leaving Prison
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Reestablishment of Parental Rights Following a Parent’s Release From Prison Reestablishment of Parental Rights Following a Parent’s Release From Prison
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Conclusion Conclusion
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References References
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24 Pregnancy and Parenting in Prison
Get accessRebecca J. Shlafer, PhD, MPH is Assistant Professor in the Department of Pediatrics at the University of Minnesota. She is a developmental child psychologist, with additional training in maternal and child public health. Her community-engaged research uses a health equity framework to examine the intersections of the criminal legal system, child development, and family well-being.
Joanna Woolman is Professor of Law and teaches at Mitchell Hamline School of Law in St. Paul, Minnesota. She teaches courses in Feminist Legal Theory, Child Welfare Policy, Criminal Law, and Constitutional Law. She is the Director of the Institute to Transform Child Protection at Mitchell Hamline. Part of the work of the institute is to provide direct legal representation to parents whose children have been removed into the child welfare system.
Mariann A. Howland, MA is a National Science Foundation Graduate Fellow pursuing a PhD in Developmental and Clinical Psychology in the Institute of Child Development at the University of Minnesota. Her research is broadly centered on risk and resilience during the perinatal period, a sensitive window of development for both women and their children.
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Published:18 December 2023
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Abstract
The majority of women involved in the criminal legal system are mothers, and approximately 3% to 4% of women entering prison are pregnant. This chapter explores how developmental science and the law interact and shape the experiences of pregnant women and mothers involved in the criminal legal system and their children before, during, and after incarceration. It considers how several areas of law, including criminal law, family law, and child welfare, coalesce to impact parents and children. The chapter attends closely to relevant principles of developmental science, including sensitive windows of development early in life and the salience of parent–child attachment relationships. The chapter concludes that, with a few exceptions, policies and laws often fail to address the unique needs of parents who are incarcerated and their children. This leaves much room for developmental science to be translated into evidence-based policies and practices to support these families.
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