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When a pregnant woman is admitted to the North Carolina Correctional Institution for Women (NCCIW) and is expected to deliver during the period of her incarceration, the woman must develop a plan for the care of her baby until her release. The Division of Social Services, County Departments of Social Services and the Social Work Staff at the NCCIW, will work closely with the mother to insure that a suitable placement is arranged.
G.S. 148-47 (Disposition of child born of female prisoner) forms the legal basis for the Infant Born to an Incarcerated Mother Program (formerly the Prison Baby Program). This statute gives the mother several choices for placement of her child during incarceration. It further provides a procedure for resolving conflicts or confusion over responsibilities.
1. Legal Father
Legal father is the husband of the mother of the child at the time the child was born or conceived, or someone who has legitimated his child or has had paternity judicially determined.
The purpose of the Infant Born to an Incarcerated Mother Program is to ensure that children who are born of mothers incarcerated in NCCIW have suitable placements during the incarceration. In addition, as much as possible, the mother will maintain her right to choose appropriate options for her child.
The Department of Corrections assists the mother in making decisions regarding the choice of placement options. The available options are (1) placement with the legal father of the child, (2) placement with a suitable relative, (3) adoption, and (4) foster care placement. It is the responsibility of the County Department of Social Services to determine the suitability of the placement resource chosen by the mother.
1. Placement with the father
Should the mother designate the legal father of the child as the placement resource, the NCCIW will facilitate that placement. No determination of suitability by the County DSS will be necessary.
2. Placement with a suitable relative
When the mother designates a relative for placement, the North Carolina Correctional Institute for Women (NCCIW) will communicate directly with the County Department of Social Services (DSS) in the county in which the relative resides to request a determination of the suitability of that relative for placement. This information will be communicated to counties by DSS-5278, Request for Placement Evaluation For Infant Born to an Incarcerated Mother. The communication contains the name of the inmate, the expected delivery date of the child, and information on the proposed relative placement. Requests will be sent to the County Director and should be routed to the appropriate person or unit within the county DSS as quickly as possible. Completion of the Kinship Care Initial Assessment is the recommended method of determining suitability. The appropriate program service code is 390, other child welfare services.
Note: In addition to completing the Kinship Care Initial Assessment, the county DSS should contact the county DSS in the county of residence of the mother (noted on the DSS-5278) if it is different from the county of placement, to determine if there is an active CPS case there and to inform the county DSS of the potential placement when the child is born.
The County DSS shall notify the NCCIW within 30 days as to whether they have determined that the proposed relative is suitable for placement. The county DSS should note the expected delivery date on the form, as this date may necessitate a quicker response. Should the County DSS determine that the relative selected by the mother is not suitable for placement, they shall notify NCCIW within three business days of such a determination so that the mother may designate an alternate placement before the birth of the child.
Should the NCCIW not receive a timely response from a county department of social services, they may contact the NC DSS Adoption and Foster Care Policy Team for assistance in securing needed information from the county DSS. The NC DSS Adoption and Foster Care Policy Team will assist NCCIW staff when requested to do so.
If the mother designates a relative for placement that resides outside of North Carolina, the NCCIW will communicate directly with the Division of Social Services Interstate Compact Office who will make the request for a courtesy home study through the Interstate Compact System.
3. Adoption
Should the mother wish to release the child for adoption, she may do so to the local County DSS or any licensed child adoption agency. The NCCIW will assist the mother in communicating her request directly to the adoption agency or County DSS
4. Foster Care Placement
Should a child be born to an inmate at NCCIW without a placement resource having been approved, NCCIW will contact the DSS in the county of residence of the mother, who shall be responsible for arranging appropriate placement and obtaining custody of the child if necessary. The NC DSS Adoption and Foster Care Policy Team will assist NCCIW with this process when requested to do so.
If the mother is not a resident of North Carolina, the county in which the child is located at birth will be responsible for ensuring the safety of the child. If foster care placement is necessary, the responsible County DSS will petition the court alleging that the child is dependent based on the mother’s incarceration.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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